April, 30 2024, 03:12pm EDT
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Biden’s DEA Proposes to Reschedule Marijuana Rather than Decriminalize It, Advocates Say Marijuana Must Be Descheduled
Today, the Associated Press reported that the Drug Enforcement Administration (DEA) is proposing rescheduling marijuana from a Schedule I drug, the most restrictive class, to a Schedule III drug, a less restrictive class. Under this proposed shift, marijuana criminalization would continue at the federal level and most penalties, including those for simple possession, would continue as long as marijuana remains anywhere on the Controlled Substances Act (CSA). On the 2020 campaign trail, then-candidate Biden repeatedly pledged to decriminalize marijuana and expunge related criminal records – identifying these issues as barriers to racial equity. However, the DEA’s proposal would leave most of the harms and racial disparities associated with criminalization unaddressed.
“Supporting federal marijuana decriminalization means supporting the removal of marijuana from the Controlled Substances Act, not changing its scheduling” said Cat Packer, Director of Drug Markets and Legal Regulation. “We all deserve a federal framework for marijuana that upholds the health, wellbeing, and safety of our communities – particularly Black communities who have borne the brunt of our country’s racist enforcement of marijuana laws. Rescheduling marijuana is not a policy solution for federal marijuana criminalization or its harms, and it won’t address the disproportionate impact that it has had on Black and Brown communities.”
Packer continued: “The individuals, families and communities adversely impacted by federal marijuana criminalization deserve more. Workers in the marijuana industry, people who use marijuana, all of us deserve more. Congress and the Biden Administration have a responsibility to take actions now to bring about marijuana reform that meaningfully improves the lives of people who have been harmed by decades of criminalization. Descheduling and legalizing marijuana the right way isn’t just good policy, it’s popular with voters, too.”
A majority of American voters support marijuana legalization and comprehensive reform, according to a Data for Progress poll. Policymakers, health professionals and criminal justice advocates agree that marijuana must be removed from the CSA and coupled with comprehensive Congressional legislative reform to address racial disparities, reduce harm, and move toward a federal marijuana policy and regulatory framework that benefits all communities. Descheduling has also amassed significant support in Congress, with Representatives Blumenauer (D-OR), Joyce (R-OH), Lee (D-CA), and Mast (R-FL) leading their Congressional colleagues in two letters (in December 2022 and October 2023) to the DEA calling for descheduling marijuana, and Senator Warren (D-MA) leading eleven of her colleagues, including Senate Majority Leader Chuck Schumer (D-OH), urging President Biden’s Administration to remove marijuana from the CSA.
The Drug Policy Alliance and its coalition partners at United for Marijuana Decriminalization (UMD) plan to launch an ambitious outreach effort to encourage community members to tell President Biden and the DEA that marijuana must be descheduled once the public comment period is open. Members of the public will be able to submit comments in support of descheduling in response to the DEA’s proposal through a simple online form. During the brief, time-limited public comment period, UMD aims to solicit a historic number of public comments through extensive outreach to stakeholders, particularly those who have been harmed by marijuana criminalization, inviting participation in the public process and emphasizing the need for marijuana descheduling.
To end federal marijuana criminalization and create marijuana laws grounded in health, safety, and racial equity, the Drug Policy Alliance, fellow advocates, and Congressional leaders are calling on the DEA to deschedule marijuana by fully removing it from the CSA. While descheduling is critical to eliminating the ongoing harms of federal criminalization, marijuana reform can also take place through Executive Orders and Congressional legislation. President Biden can come closer to fulfilling his promise to end marijuana criminalization by taking immediate action to mitigate the harms of marijuana prohibition in people’s lives.
Additionally, Congressional legislation should provide relief from previous marijuana convictions, restore rights and benefits to people impacted by marijuana criminalization, reinvest in communities disproportionately harmed by criminal enforcement. Additionally, Congressional legislation should create a regulatory framework rooted in equity that prioritizes public health, workplace safety, and fair economic opportunities for small businesses. The House of Representatives has twice passed the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, a comprehensive descheduling bill with extensive criminal justice reform and community reinvestment. In 2022, the Senate introduced the Cannabis Administration and Opportunity Act (CAOA), the most comprehensive Congressional descheduling bill to date.
Rep. Barbara Lee (CA):
“While the rescheduling of marijuana is a historic step in the right direction, anything short of descheduling falls woefully short of remedying the harms of the current system and the failed racist War on Drugs,” said Rep. Lee. “Rescheduling would allow for the criminal penalties for recreational and medical marijuana use to continue – disproportionately impacting Black and Brown communities. The criminalization of marijuana is also increasingly out of step with state law and public opinion. We need full descheduling and to pass the MORE Act – which I proudly co-lead – as a solution for equitable comprehensive marijuana reform rooted in racial and restorative justice.”
Senator Kirsten Gillibrand (NY):
“Descheduling marijuana from the Controlled Substances Act is not just a social justice issue; it’s an economic, medical, and public safety issue. Since marijuana was classified as a Schedule I substance during the war on drugs, countless lives have been torn apart, and individuals in primarily Black and brown communities have been targeted for nonviolent cannabis-related offenses,” said Senator Gillibrand. “Studies show that legalizing marijuana could help reduce violence in international drug trafficking and generate billions of dollars for the economy. The vast majority of Americans agree that marijuana should be legalized – that’s why I’m calling on the Attorney General and the Drug Enforcement Administration to swiftly deschedule marijuana from the Controlled Substances Act.”
Rep. Jerry Nadler (NY):
“While rescheduling marijuana is an important step, we must go further. It is time to end the prohibition and criminalization of marijuana at the federal level. That’s why I have introduced the Marijuana Opportunity Reinvestment and Expungement Act, or the MORE Act, which would not only decriminalize marijuana under federal law, but it would also expunge federal marijuana convictions and encourage states to do the same. The bill would also establish a fund to support programs assisting those communities who were most directly harmed by the War on Drugs and ensure that they have equal access to the benefits of decriminalization.”
Amber Senter, Co-Founder, Board Chair, and Executive Director, Supernova Women:
“There’s no doubt that the United States government recognizing cannabis has medicinal benefits is anything short of historic. Advocates have worked tirelessly for decades to reach this moment, banding together as patients, caregivers, social justice activists, and community members. However rescheduling cannabis to Schedule 3 is not enough. People will continue to be criminalized and punished for possessing and consuming cannabis, risking employment, housing, benefits and more. Workers in the cannabis industry will run the risk of federal prosecution for simply going to work and trying to provide for themselves and their families. Patients using cannabis as medicine through legal or state medical programs will also run the risk of federal criminalization by simply choosing a less harmful way to cope with pain from debilitating medical conditions. The war on drugs will continue to rage on, destroying lives and families as it’s done for decades. As a business owner in cannabis, I recognize the much-needed tax relief that rescheduling cannabis to Schedule 3 will bring. However, we cannot continue to allow some to capitalize from cannabis while others, primarily black and brown people, continue to be punished with their lives ruined. We must deschedule cannabis and stop criminalization for a medically beneficial plant.”
Chelsea Higgs Wise, Executive Director, Marijuana Justice:
“Since prohibiting marijuana there has been a targeted enforcement that has left communities of color disproportionately harmed at the individual, familial and community level. Rescheduling only brings benefits to businesses through tax relief, while our loved ones are left with the guarantee of repetitive surveillance, imprisonment, and collateral consequences. Any federal reform must directly address the disproportionate enforcement Black families continue to face. Presidential pardons are important but for true repair, we must continue to demand for marijuana to be descheduled along with people released and records expunged.”
Michelle Rutter Friberg, Director of Government Affairs, National Cannabis Industry Association:
“While rescheduling marijuana to Schedule III will undoubtedly provide much needed tax relief to cannabis businesses, the Biden Administration and Congress must act to deschedule marijuana and remove it from the Controlled Substances Act entirely. Only descheduling marijuana will harmonize federal law with the 37 states with some form of legal cannabis commerce, allow for the implementation of sensible regulations on hemp and marijuana derived products, and create a level playing field for small and minority owned businesses in the industry.”
Dr. Rachel Knox, MD, MBA, Board Chair, Association for Cannabis Health Equity and Medine (ACHEM):
“Cannabis must be removed from the Controlled Substances Act. From inception, its scheduling has been public health enemy #1, as it has underpinned decades of racist and classist provocation, perpetuating systemic harms directly linked to generational poverty and escalating health disparities in marginalized communities. Rescheduling does nothing to unravel this framework and, in fact, will allow it to continue unchecked. The only remedy to this chronic threat is descheduling, the swift overhaul of discriminatory cannabis policies across all sectors, and thoughtful regulation of diverse cannabis markets with standards rooted in science and social justice.”
Lt. Diane Goldstein (Ret.), Executive Director, Law Enforcement Action Partnership:
“As the failed policies of marijuana prohibition continue to drag on and waste law enforcement resources, the DEA’s move to reschedule marijuana to a less restrictive class would simply not go far enough,” she said. “It would not end federal marijuana criminalization and would do little to rectify the harms of the current system, in which an arrest record can lead to fewer employment opportunities, limited housing options, and obstacles to obtaining loans, all of which make people more, not less, disposed to crime and further drug use. The only way to end this unnecessary criminalization and its harms is to completely remove marijuana from the Controlled Substances Act.”
Dasheeda Dawson, Chair, Cannabis Regulators of Color Coalition and Founding Director, Cannabis NYC:
“The time for descheduling cannabis is not just a matter of policy; it’s an imperative for justice and equity. Rescheduling would undermine the hard-fought progress made by cannabis equity and policy reform leaders like the Cannabis Regulators of Color Coalition, jeopardizing the livelihoods and futures of those entrepreneurs and communities disproportionately affected by past criminalization. We cannot afford to backtrack on our commitment to repair the harm inflicted by outdated policies. Descheduling is not just about legality; it’s about rectifying historic injustices and ensuring a fair and inclusive future for all.”
Weldon Angelos, President & Co-Founder, The Weldon Project:
”As an advocate for ending federal marijuana prohibition, I acknowledge that the DEA’s decision to reschedule marijuana as a Schedule 3 substance is a significant step – but it’s far from the inevitable ultimate destination where marijuana is no longer treated as contraband in America’s failed war on drugs. Only the complete descheduling of marijuana will begin to dismantle the barriers of a nationwide criminal ban and ensure that no further damage is inflicted after decades of misguided federal policies. As we navigate this pivotal moment, our actions must be bold and unequivocal to ensure justice and equity for all those who have suffered under the weight of prohibition. If our ultimate goals are to liberate and restore American communities, now is not the time to settle for half measures or, worse yet, to declare victory and pretend like everything’s been solved. It hasn’t.”
Background:
38 states have laws that allow for medical cannabis use and 24 states have laws that allow for adult recreational cannabis use. Despite these reforms at the state level – as long as marijuana is a scheduled substance under the CSA, the repercussions of federal marijuana criminalization will continue – even for conduct that is authorized under state law. Individuals could still face criminal penalties, including mandatory minimum sentences, for personal use and distribution. Additionally, under a Schedule III classification, people with marijuana-related convictions could still lose access to federal housing and food benefits, or even face deportation. According to the ACLU, over 80% of people sentenced for federal marijuana charges were Black or Latino. This is a clear indication that maintaining federal criminalization in any form will perpetuate racially discriminatory policing and enforcement.
The Drug Policy Alliance is the nation's leading organization promoting drug policies grounded in science, compassion, health and human rights.
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'Absurd and Nakedly Partisan': Trump-Appointed Judge Blocks Biden LNG Pause
"Trump judges are hellbent on torching environmental safeguards, the climate, and our democracy," said an attorney for the Center for Biological Diversity.
Jul 02, 2024
A Trump-appointed judge on Monday blocked the Biden administration's pause on approvals of new liquefied natural gas export permits, the latest move by the nation's conservative-dominated judiciary to stop the federal government from taking action against the worsening climate emergency.
Judge James D. Cain Jr. of the U.S. District Court for the Western District of Louisiana sided with more than a dozen Republican-led states that sued over the pause earlier this year, claiming it would harm their economies.
Cain wrote in his ruling that the pause, which temporarily halted the approval process for facilities exporting LNG to countries without a free trade agreement (FTA) with the U.S., was "perhaps the epiphany [sic] of ideocracy." The judge falsely characterized the pause as a "ban."
A Department of Energy (DOE) spokesperson said the agency "disagrees" with Cain's decision and "continues to review the court's order and evaluate next steps."
Jamie Henn, the director of Fossil Free Media, called Cain's ruling an "absurd and nakedly partisan decision untethered from reality."
"There is no 'LNG Export Ban' for the court to overturn," Henn wrote on social media. "DOE has simply paused new licenses while conducting a review of LNG's impacts."
This is an absurd and nakedly partisan decision untethered from reality.
There is no “LNG Export Ban” for the court to overturn. DOE has simply paused new licenses while conducting a review of LNG’s impacts. https://t.co/4TQFjYal4M
— Jamie Henn (@jamieclimate) July 1, 2024
The Congressional Research Service notes that under the Natural Gas Act, LNG exports to non-FTA countries "are presumed to be in the public interest, unless, after opportunity for a hearing, the DOE finds that the authorization would not be consistent with the public interest." Environmental groups have implored the Energy Department to develop a public-interest test that thoroughly weighs the climate impacts of LNG exports.
The Washington Postreported late Monday that Cain's ruling "means the Energy Department must resume its consideration of permit applications for new LNG export projects." The administration's pause put at least 14 pending gas export projects on hold, according to Earthjustice.
Craig Segall, the vice president of Evergreen Action, argued Monday that Cain's "deeply misguided" ruling "should have no impact on the Department of Energy's statutory authority over what must be included in a public-interest determination." Segall added that "pause or no pause, the science is clear: No sound analysis that accounts for the climate and environmental harm inflicted by LNG exports could possibly determine that these deadly facilities are in the public interest."
"It's no surprise that a Trump judge would bend the law to hand the oil industry a win," said Segall. "Corporate polluters have gone judge shopping to find a Trump-appointed ideologue to accept their short-sighted, profit-driven view that would advance their fossil fuel agenda without regard for their impact on communities, climate, or domestic energy prices. The Biden administration should appeal this baseless ruling immediately and ultimately make clear it stands with the public interest, not Big Oil."
"Halting the massive and dangerous expansion of these exports is the right thing to do for Gulf Coast communities, wildlife, and all of us who hope to keep living on a sustainable planet."
Climate advocates have argued that the United States' status as the world's largest LNG exporter is harmful to both consumers and the planet, pushing up domestic energy costs while threatening to lock in decades of potent emissions as fossil fuel-driven extreme weather intensifies and scientists warn the world is barreling toward devastation.
"Coupled with last week's court rulings, rolling back the LNG pause shows that Trump judges are hellbent on torching environmental safeguards, the climate, and our democracy," Lauren Parker, an attorney at the Center for Biological Diversity's Climate Law Institute, said in a statement Monday. "This ruling means the Energy Department should deny any more LNG exports and facilities. Halting the massive and dangerous expansion of these exports is the right thing to do for Gulf Coast communities, wildlife, and all of us who hope to keep living on a sustainable planet."
Cain's decision to block the Biden administration's LNG export pause came after the U.S. Supreme Court handed down several rulings that could imperil federal agencies' ability to limit planet-warming pollution.
“Coupled with last week’s court rulings, rolling back the LNG pause shows that Trump judges are hellbent on torching environmental safeguards, the climate, and our democracy," said Lauren Parker, an attorney at the Center for Biological Diversity's Climate Law Institute. "This ruling means the Energy Department should deny any more LNG exports and facilities. Halting the massive and dangerous expansion of these exports is the right thing to do for Gulf Coast communities, wildlife, and all of us who hope to keep living on a sustainable planet."
Cain's ruling also came days after the Federal Energy Regulatory Commission (FERC)—an agency increasingly embraced by Republicans and the fossil fuel industry—approved Venture Global's Calcasieu Pass 2 (CP2) LNG terminal, which if completed would become the nation's largest fracked gas export terminal and increase daily U.S. gas exports by roughly 20%.
"A rubber stamp from FERC is business-as-usual for fossil fuel projects," Lukas Ross, climate and energy justice deputy director at Friends of the Earth,
said in a statement last week. "Thankfully CP2 has a long way to go and we intend to fight it every step of the way. No amount of lobbying will make this project anything other than a climate and environmental justice nightmare."
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Planned Parenthood Warns House GOP Appropriations Bills Attack Global Health
The "slate of dangerous and unpopular provisions" includes "eliminating the Title X family planning program and reinstating the Trump-era expanded global gag rule."
Jul 01, 2024
As the Republican majority in the U.S. House of Representatives uses the appropriations process to promote the GOP agenda ahead of the November elections, Planned Parenthood Action Fund on Monday highlighted how the spending bills attack health within and beyond the United States.
"Once again, anti-abortion rights politicians in Congress are manipulating the federal appropriations process to push for a recycled slate of dangerous and unpopular provisions to block access to sexual and reproductive healthcare across the country and around the world," states the new PPFA memo.
The PPFA document details anti-health policies in spending legislation for fiscal year 2025 that House Republicans have advanced recently, which include provisions "eliminating the Title X family planning program and reinstating the Trump-era expanded global gag rule."
The global gag rule bars U.S. government funding for foreign groups that provide information, referrals, or services for abortion care, or advocate for decriminalization or increasing access. It was initially implemented by former Republican President Ronald Reagan as the Mexico City policy, then reinstated and expanded by former President Donald Trump.
"In all, anti-abortion rights politicians continue to act in defiance of the vast majority of their constituents who believe that the government has no right to control people's personal healthcare decisions with attacks on abortion, birth control, and gender-affirming care."
Despite Trump's ongoing legal battles, he is the presumptive Republican nominee to face Democratic President Joe Biden in November. Biden rescinded his predecessor's gag rule shortly after taking office in 2021. Reproductive freedom has been a key issue in not only that contest but races at all levels of U.S. politics this cycle, as GOP policymakers and candidates have set their sights on abortion care, birth control, and in vitro fertilization.
The gag rule was included in the appropriations bill for the Department of State, foreign operations, and related programs, which the House on Friday passed 212-200. The only Democrat who voted in favor was Rep. Marie Gluesenkamp Perez of Washington—who supports reproductive rights and has shared her own abortion story.
That bill would also "cap funding for international family planning and reproductive health programs at $461 million, a nearly 25% cut," and end funding for United Nations entities including the U.N. Population Fund, as the PPFA memo notes. It would also "restrict information about and access to gender-affirming care," and "maintain the Helms Amendment in addition to restrictions on abortion coverage for Peace Corps volunteers."
Speaking out against the legislation last week, Rep. Rosa DeLauro (D-Conn.), ranking member of the House Appropriations Committee, said that "much like last year, the fiscal year 2025 state and foreign operations bill resurrects the doomed isolationism of the early 20th century."
"For the sake of our national security, women's health globally, and our response to the climate crisis, Republicans must abandon this reckless and partisan path and join Democrats at the table to govern," declared DeLauro, who raised the alarm about House GOP appropriations proposals throughout June.
Taking aim at the labor, health and human services, and education legislation last week, she said that "in keeping with the majority's other partisan bills, this bill is chock full of dozens of poison pill riders, including multiple provisions that attack women's freedom and block abortion and reproductive healthcare services."
Specifically, as the PPFA memo points out, it would interfere with postgraduate training in abortion care, impose the Hyde and Weldon amendments, restrict access to gender-affirming care, block Biden administration executive orders intended to boost abortion care access in the wake of Dobbs v. Jackson Women's Health Organization, and eliminate funding for Title X family planning and teen pregnancy prevention programs while pouring money into abstinence-only-until-marriage initiatives.
It would also "defund" Planned Parenthood, preventing people in communities across the United States—particularly in rural and medically underserved areas—from accessing services including sexually transmitted infection testing and treatment, cancer screenings, and birth control, as the memo outlines.
The recently introduced commerce, justice, and science bill would block most federal prisoners from attaining abortion coverage and prevent the U.S. Department of Justice from suing state or local governments over anti-choice laws, according to the memo. The financial services and general government legislation would reverse a District of Columbia law protecting workers from being fired for their reproductive healthcare choices, bar D.C. from using local funds to cover abortion care, and ban Federal Employee Health Benefits Program coverage of most abortions.
"In all, anti-abortion rights politicians continue to act in defiance of the vast majority of their constituents who believe that the government has no right to control people's personal healthcare decisions with attacks on abortion, birth control, and gender-affirming care," the publication states.
The document also targets provisions in multiple recently passed spending bills focused on homeland security, the Pentagon, and veterans—including attacks on abortion and gender-affirming care for current and former service members and their families as well as anyone in U.S. Immigration and Customs Enforcement custody.
"Anti-abortion rights lawmakers recently included similar measures in the National Defense Authorization Act (NDAA)—an annual must-pass bill," the memo highlights.
"Everyone deserves access to abortion and gender-affirming care, including service members and their families. But these lawmakers would rather play games with our fundamental rights in their attempt to control our bodies, lives, and futures."
After the mid-June NDAA vote, PPFA president Alexis McGill Johnson said that "it's like Groundhog Day. Anti-abortion rights House members use must-pass bills as a vehicle to force through their deeply unpopular and dangerous agenda—again and again and again. Everyone deserves access to abortion and gender-affirming care, including service members and their families. But these lawmakers would rather play games with our fundamental rights in their attempt to control our bodies, lives, and futures."
The NDAA and spending bills aren't expected to pass the Senate—which is narrowly controlled by Democrats—in their current forms, but they send a message about what Republicans would prioritize if they fully reclaimed Congress and the White House.
"The majority's policy riders do not belong in appropriations bills, and like last year, we will defeat them," DeLauro said last month. "But it is disappointing that we are going through this charade again, just months after Republicans and Democrats voted for the 2024 appropriations bills."
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Campaign Collects 730,000+ Signatures for Ohio Amendment to End Rigged Maps
"Our chance to finally achieve fair maps in Ohio is just around the corner," said one supporter of the proposed constitutional amendment.
Jul 01, 2024
The campaign for an Ohio ballot measure for a state constitutional amendment to end gerrymandering has collected more than 730,000 signatures, according to the initiative's organizers.
The Citizens Not Politicians campaign said it delivered 731,306 signatures to the office of Ohio's secretary of state in Columbus on Monday, significantly more than the 413,487 valid signatures needed to qualify for November's ballot.
If approved, the Citizens Not Politicians Amendment will:
- Create the 15-member Ohio Citizens Redistricting Commission made up of Republican, Democratic, and Independent citizens who broadly represent the different geographic areas and demographics of the state;
- Ban current or former politicians, political party officials, and lobbyists from sitting on the commission;
- Require fair and impartial districts by making it unconstitutional to draw voting districts that discriminate against or favor any political party or individual politician; and
- Require the commission to operate under an open and independent process.
Nearly 100 organizations, businesses, and thought leaders across Ohio are supporting the amendment. If the measure is certified for November's ballot and approved by voters, the new commission could draw maps for use as soon as the 2026 elections. Seven other states have similar independent commissions: Arizona, California, Colorado, Idaho, Michigan, Montana, and Washington.
After the delivery, hundreds of campaign staff, volunteers, and supporters rallied in the Statehouse Atrium to celebrate their achievement and send a message to gerrymandering politicians.
"This is our house, the people's house, and with today's signature turn-in, we move one giant step closer to ensuring that the citizens decide who serves here, not the politicians who just scheme and rig the game to stay in power," said retired Ohio Supreme Court Chief Justice Maureen O'Connor, a Republican who helped write the amendment. "This constitutional amendment will restore power to Ohio citizens and take it away from the self-serving politicians and their lobbyist friends and big-money donors."
Ted Linscott, a retired bricklayer from Appalachian Ohio, said: "Where I come from, we believe in fairness and working together to do what's right. For too long, career politicians and their lobbyist friends have manipulated our districts to serve their interests. It's time we put an end to this. We need a system that is open, transparent, and fair."
According to the Citizens Not Politicians campaign:
Nationally, Ohio is recognized as one of the worst states for gerrymandering, undermining proportional representation and leading to political stagnation and ineffective policy.
More than 9 million Ohioans, or 77% of the state population, live in districts where one party has a severe advantage in the 2024 Ohio House of Representatives elections, according to an analysis by the Brennan Center for Justice at the NYU School of Law.
"In my work for voter access and education, I have seen firsthand how gerrymandering creates a Legislature that is ineffective and unresponsive to the needs of Ohio voters," amendment supporter Tucker Sutherland said. "They don't have to care what we think because they draw themselves into cozy districts where they often don't even face opposition for reelection."
Equal Districts, a coalition of 30 advocacy groups,
said on social media that "our chance to finally achieve fair maps in Ohio is just around the corner."
"Let's end gerrymandering in Ohio," the group added.
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