Tuesday Reads: SCOTUS and the Upcoming ElectionPosted: October 27, 2020 Filed under: 2020 Elections, Afternoon Reads, U.S. Politics | Tags: Amy Coney Barrett, Bush v. Gore, Donald Trump, SCOTUS, U.S. Supreme Court 14 Comments
Election day is one week away. I haven’t slept normally since the pandemic began, and–along with millions of other Americans–I’ve been stressed out since Trump was elected. It’s exhausting. I honestly don’t think I can survive another four years of this insanity. The polls are looking good for Biden; but as of yesterday we now have to worry about the possibility that the Supreme Court could overturn the election results if Trump loses.
Mark Joseph Stern at Slate: Amy Coney Barrett’s First Votes Could Throw the Election to Trump.
Although George W. Bush prevailed in the Bush v. Gore decision, it’s often forgotten that the Supreme Court declined to affirm his chief legal argument. This claim was so radical, so contrary to basic principles of democracy and federalism, that two conservative justices stepped back from the brink. Instead, the majority fabricated a novel theory to hand Bush the election—then instructed lower courts never to rely on it again.
But the court has changed. Republican lawmakers revived the original Bush v. Gore argument in fraught election cases this year, and, following Amy Coney Barrett’s nomination, four sitting justices appeared to endorse it. Barrett’s confirmation on Monday will almost certainly tip the balance to make that argument the law of the land on the eve of an election. The result would be an immediate invalidation of thousands of disproportionately Democratic ballots in Pennsylvania and North Carolina—two swing states that could decide the outcome of the election. Put simply, Barrett’s first actions on the court could hand Donald Trump an unearned second term, and dramatically curtail states’ ability to protect the right to vote….
In an unsigned opinion that allegedly spoke for the five conservative justices, the court held that Florida’s recount used procedures that violated “the equal dignity owed to each voter.” Because the standards used to recount ballots varied between counties, the court concluded, the process violated the U.S. Constitution’s equal protection clause. Then, in an unprecedented move, the court declared that this analysis was a ticket good for one ride only, and that lower courts should never invoke its made-up principle again.
The reason the Court said this argument shouldn’t be used again is that is took away a state’s ability to control it’s own elections. If repeated, the argument would turn the SCOTUS into a national arbiter of election laws.
It is black letter law that state courts hold ultimate authority to determine the meaning of their own state’s statutes and constitution. And the Florida Supreme Court had simply provided its best interpretation of a “legal vote” under Florida law. Secretary of State Katherine Harris rejected ballots with “hanging chads” on which voters had indicated their preference but failed to punch through the hole all the way. The Florida Supreme Court disagreed, citing a state statute that required the counting of defective ballots “if there is a clear indication of the intent of the voter.” Federal judges had a constitutional obligation to accept that (eminently plausible) reading of the law. By refusing to do so, Rehnquist, along with Scalia and Thomas, impermissibly substituted the Florida Supreme Court’s judgment with their own.
But now Republicans are again trying to get the Court to rule on individual states’ election policies, and yesterday they intervened in Wisconsin’s election decisions. The New York Times: Supreme Court Won’t Extend Wisconsin’s Deadline for Mailed Ballots.
The Supreme Court refused on Monday to revive a trial court ruling that would have extended Wisconsin’s deadline for receiving absentee ballots to six days after the election.
The vote was 5 to 3, with the court’s more conservative justices in the majority. As is typical, the court’s brief, unsigned order gave no reasons. But several justices filed concurring and dissenting opinions that spanned 35 pages and revealed a stark divide in their understanding of the role of the courts in protecting the right to vote during a pandemic.
The ruling was considered a victory for Republicans in a crucial swing state, which polls have shown Mr. Trump trailing in after winning by about 23,000 votes in 2016.
Returning to the Slate article:
By confirming Barrett on Monday, Senate Republicans may well create a five-justice majority that is ready, willing, and able to make Rehnquist’s position the law of the land. There are currently two cases pending before SCOTUS that ask the justices to nullify thousands of mail ballots in Pennsylvania and North Carolina. Both rest on Rehnquist’s Bush v. Gore concurrence. Both give the far-right majority a chance to stomp on states’ ability to protect voting rights.
I urge you to go read the whole piece at Slate. Right now, Massachusetts rules allow votes to be counted if they arrive 6 days after the election and are postmarked by November 3. Will the SCOTUS decision in Wisconsin also force Massachusetts and other states to throw out ballots received after election day?
Ian Millhiser at Vox: The radical implications of the Supreme Court’s new ruling on Wisconsin mail-in ballots.
The Supreme Court just handed down an order in Democratic National Committee v. Wisconsin State Legislaturedetermining that a lower federal court should not have extended the deadline for Wisconsin voters to cast ballots by mail.
The ruling, which was decided by a 5-3 vote along party lines, is not especially surprising. The lower court determined that an extension was necessary to ensure that voters could cast their ballot during a pandemic, but the Court has repeatedly emphasized that federal courts should defer to state officials’ decisions about how to adapt to the pandemic. Monday night’s order in Democratic National Committee is consistent with those prior decisions urging deference.
What is surprising, however, is two concurring opinions by Justices Neil Gorsuch and Brett Kavanaugh, each of which takes aim at one of the most foundational principles of American constitutional law: the rule that the Supreme Court of the United States has the final word on questions of federal law but the highest court in each state has the final word on questions of state law.
This division of power is implicit in our very system of government. As the Supreme Court has explained, the states and the federal government coexist in a system of “dual sovereignty.” Both the federal government and the states have an independent power to make their own law, to enforce it, and to decide how their own law shall apply to individual cases.
If the Supreme Court of the United States had the power to overrule a state supreme court on a question of state law, this entire system of dual sovereignty would break down. It would mean that all state law would ultimately be subservient to the will of nine federal judges.
With Barrett on the Court,
last week’s decision allowing a Pennsylvania Supreme Court decision to stand could be very short-lived. That decision, after all, was 4-4, with Chief Justice John Roberts voting with the Court’s three liberals. With Barrett, the Court’s right flank may well be getting a fifth vote to toss out the state supreme court’s decision — and to order an unknown number of ballots tossed out in the process.
In her first few weeks at SCOTUS, Barrett will also have the opportunity to vote on cases involving the Affordable Care Act, Trump’s taxes, abortion, and a case about whether a Catholic agency can refuse to place foster children with LGBT couples.
The only recourse for Democrats in the future may be to increase the size of the Supreme Court–if they can take the Senate, that is.
At The Los Angeles Times, Nicholas Goldberg sees a possible silver lining in the Barrett confirmation:
So now it is official: The same Republican senators who in 2016 refused to consider Merrick Garland’s appointment to the Supreme Court because, with eight months to go, it was supposedly too close to the presidential election, have now confirmed Amy Coney Barrett with just eight days left before the election.
This is so unprincipled, so inconsistent and so cynical that it defies the imagination. It is the flip-flop of the century, undertaken by the Republicans for one reason: Barrett’s confirmation ensures a conservative majority on the high court for the foreseeable future.
But here is one good thing that could come of this shameful episode. With millions of people still casting their votes before Nov. 3, perhaps the Barrett confirmation will open Americans’ eyes, once and for all, and show them who they’re dealing with. Perhaps it will persuade them to reject the radical and hypocritical Senate Republicans at the polls.
Barrett’s confirmation, after all, is only one of many irresponsible moves by the Senate majority, led by the craven Mitch McConnell (R-Kentucky), who long ago threw his lot in with President Trump. In recent years, he and his caucus have grown not just more extreme in their ideology but more unscrupulous in their tactics.
Not only did they refuse a hearing to Garland (giving that seat instead to Trump appointee Neil M. Gorsuch), but not long after, McConnell and his colleagues rammed Brett Kavanaugh’s nomination through without a comprehensive investigation of the sexual assault allegations against him.
Maybe. It seems unlikely that many votes are going to change at this late date, but I hope Goldberg is right. On the other hand, it’s possible the evidence that the pandemic is getting worse might influence some voters to reject Trump and other Republicans.
One more from The New York Times Editorial Board: The Republican Party’s Supreme Court. The quest to entrench political conservatism in the country’s highest court comes with a steep cost.
What happened in the Senate chamber on Monday evening was, on its face, the playing out of a normal, well-established process of the American constitutional order: the confirmation of a president’s nominee to the Supreme Court.
But Senate Republicans, who represent a minority of the American people, are straining the legitimacy of the court by installing a deeply conservative jurist, Amy Coney Barrett, to a lifetime seat just days before an election that polls suggest could deal their party a major defeat.
As with President Trump’s two earlier nominees to the court, Neil Gorsuch and Brett Kavanaugh, the details of Judge Barrett’s jurisprudence were less important than the fact that she had been anointed by the conservative activists at the Federalist Society. Along with hundreds of new lower-court judges installed in vacancies that Republicans refused to fill when Barack Obama was president, these three Supreme Court choices were part of the project to turn the courts from a counter-majoritarian shield that protects the rights of minorities to an anti-democratic sword to wield against popular progressive legislation like the Affordable Care Act.
The process also smacked of unseemly hypocrisy. Republicans raced to install Judge Barrett barely one week before a national election, in defiance of a principle they loudly insisted upon four years ago.
I hope you’ll read the whole thing, but here’s a bit more:
Of all the threats posed by the Roberts Court, its open scorn for voting rights may be the biggest. In 2013, Chief Justice John Roberts wrote the lead opinion in the most destructive anti-voter case in decades, Shelby County v. Holder, which gutted the central provision of the Voting Rights Act and opened the door to rampant voter suppression, most of it targeted at Democratic voters. Yet this month, Chief Justice Roberts sided with the court’s remaining three liberals to allow a fuller count of absentee ballots in Pennsylvania. The four other conservatives voted against that count. In other words, with Justice Barrett’s confirmation the court now has five justices who are more conservative on voting rights than the man who nearly obliterated the Voting Rights Act less than a decade ago.
I hope I haven’t ruined your day with this post, but the Barrett confirmation is clearly the most important issue of the day. I can only hope that the outcome of next week’s election will be a landslide that prevents SCOTUS from overturning the results.
Please take care today and protect your health and sanity over the next week. I hope you’ll stop by and leave a comment or two.
Tuesday ReadsPosted: October 13, 2020 Filed under: just because | Tags: Amy Coney Barrett, Amy Klobuchar, coronavirus, Donald Trump, SCOTUS, Suzanne Valadon 26 Comments
NOTE: The paintings in today’s post are by Suzanne Valadon, artists’ muse, self-taught painter, and mother of another famed artist.
I’m grateful to Dakinikat for covering the Senate hearing on Amy Coney Barrett’s nomination to SCOTUS. I’m not going to spend much time on it today, because her confirmation is pretty much a forgone conclusion. It’s horrible, but we are just going to have to deal with it somehow.
Axios: Klobuchar: There’s no “secret, clever, procedural way to stop” Barrett confirmation.
Sen. Amy Klobuchar (D-Minn.) acknowledged on Monday that Democrats do not have “some secret, clever, procedural way to stop” the confirmation of Amy Coney Barrett to the Supreme Court, arguing that the only way for Americans to “change the trajectory of this nomination” is by voting.
The big picture: Klobuchar and other Democrats on the Senate Judiciary Committee used day one of Barrett’s confirmation hearings to criticize the process of rushing through a nomination after voting in the 2020 election has already begun, attacking it as a “sham” and “illegitimate.”
— They also painted Barrett’s confirmation as a proxy fight for health care, with a number of Democratic senators displaying posters of constituents who have benefited from protections under the Affordable Care Act.
— The Supreme Court is set to hear a case seeking to invalidate the ACA on Nov. 10. Klobuchar argued that “you don’t have to be a lawyer or a senator to figure out” that Barrett was nominated to help President Trump overturn the Affordable Care Act.
What they’re saying: “My point today is, you cannot divorce this nominee from the moment we’re in, in time. And that we do not have some secret, clever, procedural way to stop this sham. Let’s be honest,” Klobuchar told reporters after Monday’s hearing.
— “And as good as we are, it’s probably not going to be some brilliant cross-examination that is going to change the trajectory of this nomination, but there is one thing that will. And that is the people of this country, that is them voting, that is them understanding exactly what the Republican Party and this administration are doing right now and how it’s going to affect their lives.”
— “Because this is not Donald Trump’s country. This is your country, America’s country, and this should not be Donald Trump’s judge. It should be your judge.”
So what are the likely consequences of Barrett being elevated to SCOTUS?
At Vox, Anna North writes about the future without Roe v. Wade: This is the future of abortion in a post-Roe America.
Some have predicteda Handmaid’s Tale-esquefuturein which women are forced to bear children. Meanwhile, anti-abortion groups have begun quietly preparing for a baby boom once all Americans are forced to carry their pregnancies to term.
But the reality is that overturning Roe won’t end abortion in America. What it will end, across much of America, is legal abortion.
That will have devastating consequences for many people, especially low-income Americans and people of color in red states where the fall of Roe would likely shut down the few remaining clinics. “This is already an abortion desert,” Laurie Bertram Roberts, the executive director of the Mississippi Reproductive Freedom Fund, told Vox. If Roe falls, “you’re just talking about an abortion wasteland.”
But that doesn’t mean people who want to end a pregnancy would be completely without options. Abortion funds around the country would continue their work, in some cases helping patients travel to blue states to get the procedure. Community-based providers, who perform abortions outside the official medical system, would likely continue to operate. And self-managed abortion, in which people perform their own abortions with pills, would take a bigger role.
Preparing for that reality will require a lot from advocates and providers, from raising money to campaigning against laws that can send people to jail for self-managing an abortion. But people have been ending their pregnancies in America since long before Roe v. Wade or even abortion clinics existed, and a court decision isn’t going to stop them. It’s just going to change what their options — and the risks involved — look like.
At The Washington Post, Ruth Marcus claims that the Affordable Care Act will survive, but we have a lot more to worry about: There are many reasons to fear Barrett’s confirmation. The Affordable Care Act isn’t one of them.
In the midst of a pandemic, on the eve of an election, with yet another challenge to the Affordable Care Act coming before the Supreme Court next month, it’s no surprise that Democrats decided to focus on the future of the health-care law at the confirmation hearings for nominee Amy Coney Barrett.
As a matter of substance, not so much. Barrett’s nomination is about so much more than a law that has already survived two challenges and is likely, even with a Justice Barrett on the court, to survive this one.
Read Marcus’ detailed argument at the WaPo.
In other news, Trump held a superspreader rally in Florida last night, even though he could still be contagious.
The Washington Post: Trump returns to campaign trail after bout with covid-19, amid criticism he is still not taking pandemic seriously.
Though Trump has declared himself now “immune” to the virus — which has killed more than 214,000 Americans and infiltrated the White House — he and his team have not clarified for the public the last time he tested negative before his covid-19 diagnosis was announced Oct. 2. This has raised questions about whom Trump may have infected before isolating himself at the White House and then at Walter Reed National Military Medical Center.
On Monday afternoon, however, Trump’s doctor, Sean P. Conley, said in a memo released by the White House that the president had tested negative for the virus “on consecutive days,” using the Abbott rapid testing machine, and was no longer contagious.
The Abbott antigen test produces quick results but has a greater chance of false negatives than the more reliable polymerase chain reaction, or PCR, test. Conley said other diagnostic factors were considered when determining that the president did not pose a threat to others.
Either Trump is afraid to take the more accurate PCR test, or he tested positive on it and the White House is covering it up.
Some of Trump’s aides and associates initially hoped that his coronavirus diagnosis would help focus him on the pandemic, allowing him to emerge as a sympathetic figure with a newfound sense of seriousness and empathy.
That, so far, has not happened.
“The cure cannot be worse than the problem itself can. The cure cannot be worse,” Trump told the Sanford crowd — many of whom were not wearing masks — referring to public health restrictions in many states. “But if you don’t feel good about, if you want to stay, stay relaxed, stay. But if you want to get out there, get out. One thing with me, the nice part, I went through it. Now they say I’m immune . . . I feel so powerful.”
Since contracting the virus, Trump has remained dismissive of the threat posed by the pandemic, reappearing in public seemingly invigorated by his survival. He has doubled down on his push for reopening the country while continuing to discount social distancing and other public health practices.
In the real world, we’re still living through a global pandemic, and the U.S. still leads world in cases and deaths. Coronavirus news:
Stat: Johnson & Johnson Covid-19 vaccine study paused due to unexplained illness in participant.
The study of Johnson & Johnson’s Covid-19 vaccine has been paused due to an unexplained illness in a study participant.
A document sent to outside researchers running the 60,000-patient clinical trial states that a “pausing rule” has been met, that the online system used to enroll patients in the study has been closed, and that the data and safety monitoring board — an independent committee that watches over the safety of patients in the clinical trial — would be convened. The document was obtained by STAT.
Contacted by STAT, J&J confirmed the study pause, saying it was due to “an unexplained illness in a study participant.” The company declined to provide further details….
J&J emphasized that so-called adverse events — illnesses, accidents, and other bad medical outcomes — are an expected part of a clinical study, and also emphasized the difference between a study pause and a clinical hold, which is a formal regulatory action that can last much longer. The vaccine study is not currently under a clinical hold. J&J said that while it normally communicates clinical holds to the public, it does not usually inform the public of study pauses.
Read more at the link.
David Wallace-Wells at New York Magazine: The Third Wave of the Pandemic Is Here.
When Donald Trump checked into Walter Reed medical center more than a week ago, it appeared likely to have marked the beginning of the end stage of his presidency. But it was also a milestone for the pandemic, and not just because COVID-19 had infected its most prolific and prominent skeptic and dissembler. In recent weeks, a third wave of the coronavirus has come to the U.S. at almost precisely the time of year scientists warned us about in the spring. But the country has hardly noticed, so paralyzed and preoccupied by the spectacle of the presidential campaign it could barely acknowledge any new cases but Trump’s. There were nearly 50,000 new U.S. infections reported on the day the president was hospitalized, along with 835 new deaths. That’s two 747 crashes’ worth.
When the country passed 100,000 deaths, a spectacularly bleak edition of the New York Times marked the occasion with a six-column headline for a flood of obituaries that ran the full length of the front page (and onto several additional pages). When the toll passed 200,000, it did not even mark the tragic landmark on A1. They are running out of hospital beds in Wisconsin — which used to qualify as a battleground state, incidentally — and in North Dakota, which hasn’t imposed a mask mandate, they are down to 39 open ICU spots. But while the pandemic does indeed appear to be getting worse almost everywhere in the country, it also seems unlikely to return to the center stage of America’s attention until after Election Day — at which point perhaps 25,000 more Americans might have died.
But things won’t really change immediately after November 3, either. The apparent collapse of last-minute stimulus negotiations means that our sclerotic Congress won’t likely extrude any meaningful pandemic relief until January 20. There also won’t be a national testing program erected, or a federal contact-tracing system belatedly instituted, or, probably, a vaccine or novel therapeutics in wide distribution before the next presidential inauguration, either. At which point there might be 100,000 more American deaths than there are today, each a tragedy unfolding amid a considerably uglier humanitarian catastro phe — poverty and hunger, evictions and loss of health insurance, mass joblessness without commensurate federal support — than the pandemic has produced to this point. In other words, the third wave will likely be worse, nationally, than the first; much less buffered by political action and support, at least on the federal level; and, as long as the election eclipses the full attention of the news media, many times less salient. We’ve already tuned it out, and nothing is likely to help anytime soon.
More stories to check out today:
Variety: ‘Simpsons’ Lists 50 Reasons Why Re-Electing Trump Is Terrifying in Exclusive ‘Treehouse of Horror’ Clip.
Paul Krugman: Mitch McConnell’s Mission of Misery.
The Daily Beast: Dr. Fauci: The Trump Campaign Is ‘In Effect, Harassing Me.’
Politico: Top general did not give his consent to be used in Trump political ad.
Mary McNamara at The Los Angeles Times: Column: Make way for Slayer Pete. Buttigieg is the Biden campaign’s ruthless secret weapon.
AP: Trump intensifies focus on Harris in final weeks of campaign.
The New York Times: California Republican Party Admits It Placed Misleading Ballot Boxes Around State.
The New York Times: As Trump Flouts Safety Protocols, News Outlets Balk at Close Coverage.
Joshua Holland at Alternet: Here’s the truth behind the Republicans’ big lie about ‘court-packing.’
Hang in there Sky Dancers. Only 20 more days until the election. Take care, and please check in with us today if you have the time and inclination.
Lazy Caturday ReadsPosted: October 10, 2020 Filed under: just because | Tags: 2020 presidential election, Amy Coney Barrett, caturday, coronavirus, Donald Trump, superspreader events 20 Comments
The election is just 23 days away, and Trump is desperate. It’s difficult for Democrats traumatized by the 2016 horror to trust the polls, but things really are looking bad for the Covid-weakened orange lunatic.
Sahil Kapur at NBC News: ‘The president is likely toast’: Trump’s woes raise GOP fears of a blue wave.
A series of setbacks for President Donald Trump has left some Republican operatives and donors fearing that the race for the White House is slipping away and proposing that the party shift focus to protecting seats in Congress.
Vulnerable GOP candidates are currently tethered to an unpopular president, fighting for survival against a potential blue wave after Trump’s widely panned performance in the first debate, his coronavirus diagnosis and his erratic behavior on economic stimulus talks.
Democratic nominee Joe Biden’s lead over Trump has topped 10 points in the NBC News national polling average. Across the country, Trump is hemorrhaging support among seniors and faces widespread defections among white college graduates, particularly women.
“The president has had possibly the worst two-week stretch that a candidate could have going into the final month of an election,” Ken Spain, a Republican strategist, said.
Spain, who worked for the party’s House election arm during Barack Obama’s blowout 7 percentage point first presidential victory, said he sees “echoes of 2008” in the current landscape, with growing chances of a tsunami that drowns congressional Republican candidates.
“In 2016, the president was a buoy. In 2020, he’s more of an anchor. There’s no question there are going to be losses down the ballot,” he said. “Six months ago, Republicans were hoping that we would be talking about Senate races in Colorado, Arizona and Maine. Instead, there’s concern about the potential outcomes in states like South Carolina, Georgia and Kansas.”
Politico: Republicans are finally ready to diss Don.
For Republicans, fearful of a possible electoral disaster just weeks away, it has become safe at last to diss Donald Trump — or at least to distance themselves from him in unmistakably purposeful ways.
A barrage of barbed comments in recent days shows how markedly the calculus of fear has shifted in the GOP. For much of the past four years, Republican politicians were scared above all about incurring the wrath of the president and his supporters with any stray gesture or remark that he might regard as not sufficiently deferential. Now, several of them are evidently more scared of not being viewed by voters as sufficiently independent.
* Sen. Ted Cruz of Texas acknowledging in a Friday interview with CNBC’s “Squawk Box” that he’s “worried” about the election, which he warned could be a “bloodbath of Watergate proportions” for his party, depending on how voters view the pandemic and economy on Election Day.
* Senate Majority Leader Mitch McConnell telling reporters Thursday he has not been to the White House in more than two months, since Aug. 6, because he doesn’t have confidence that Trump and his team are practicing good coronavirus hygiene. McConnell said, “my impression was their approach to how to handle this was different than mine and what I insisted that we do in the Senate, which is to wear a mask and practice social distancing.”
* Sen. Thom Tillis, in a perilous fight for reelection in North Carolina, telling POLITICO in an interview that one reason to vote for him is to help Republicans keep their Senate majority as “the best check on a Biden presidency.”
* Sen. Martha McSally, running behind in her bid to keep her Arizona seat, refusing to say at a debate with challenger Mark Kelly — despite being pressed repeatedly by the moderator — whether she is proud of being a backer of Trump. “Well, I’m proud that I’m fighting for Arizonans on things like cutting your taxes … ” she filibustered.
* Sen. John Cornyn, still ahead in polls but facing a tougher-than-usual race in Texas, told the Houston Chronicle that Trump did not practice “self-discipline” in combating the coronavirus, and that his efforts to signal prematurely that the pandemic is receding are creating “confusion” with the public. Trump got “out over his skis,” Cornyn said.
Meanwhile, Trump will resume his superspreader events today, even though we have no way of knowing whether Trump is still contagious, because the White House will not provide results of any recent tests or the date of his last negative test before contracting the coronavirus.
The Washington Post: Trump will speak at a public event at the White House; it is not clear if he’s still contagious with coronavirus.
Lazy Caturday Reads: We Survived Another Wild Week in Trump WorldPosted: September 26, 2020 Filed under: morning reads, U.S. Politics | Tags: 2020 presidential debates, 2020 presidential election, Amy Coney Barrett, coronavirus pandemic, Donald Trump, Hitler comparisons, Joe Biden, Reichstag fire, SCOTUS 18 Comments
We’ve reached the end of another wild week in Trump World. The 2020 election is only 38 days away; on Tuesday Biden will meet Trump in the first presidential debate; and we’re still in the first wave of an out-of-control pandemic and the resulting economic meltdown. Today Trump nominates a woman to the Supreme Court who will vote to end the Affordable Care Act and Roe v. Wade. On top of all that, the fake “president” suggests he won’t accept the results of the election if he loses, and he’s counting on the election being decided the newly far right SCOTUS. That’s where we are right now.
Last night at his super-spreader rally in Virginia, Trump doubled down on his promise to disrupt the election. Raw Story: Trump tells supporters he won’t be ‘stupid’ enough for peaceful transition of power if he loses.
President Donald Trump continued to spread debunked conspiracy theories about the 2020 presidential election during a Friday night campaign rally in Virginia.
Trump argued that it was impossible for him to lose the election, thus concluding he would be “stupid” to hand over power peacefully should he lose.
“We not gonna lose this, except if they cheat,” Trump falsely claimed about the 2020 campaign, where he trails Joe Biden in national and battleground polling.
“That’s the only way we’re gonna lose is if there’s, uh, mischief,” he argued. “And it will have to be on a big scale.”
“And we do want a very friendly transition, but we don’t want to be cheated and be stupid and say, ‘oh, let’s transit — we’ll go and we’ll do a transition’ and we know that there were thousands and thousands of ballots that made the difference through cheating,” he said, repeating the debunked conspiracy theories.
“We’re not going to stand for it,” he vowed. “We’re not going to stand for it.”
Yesterday at The Washington Post, Dana Millbank brought out the Hitler comparisons: This is not a drill. The Reichstag is burning.
With his repeated refusals this week to accept the peaceful transfer of power — the bedrock principle that has sustained American democracy for 228 years — President Trump has put the United States, in some ways, where Germany was in 1933, when Adolf Hitler used the suspicious burning of the German parliament to turn a democracy into a totalitarian state.
Overwrought, you say? Then ask Yale historian Timothy Snyder, a top authority on Nazism and Stalinism. “The Reichstag has been on a slow burn since June,” he told me. “The language Trump uses to talk about Black Lives Matter and the protests is very similar to the language Hitler used — that there’s some vague left-wing conspiracy based in the cities that is destroying the country.”
Trump, as he has done before, has made the villain a minority group. He has sought, once again, to fabricate emergencies to justify greater powers for himself. He has proposed postponing elections. He has refused to commit to honoring the results of the election. And now, he proposes to embrace violence if he doesn’t win.
“It’s important not to talk about this as just an election,” Snyder said. “It’s an election surrounded by the authoritarian language of a coup d’etat. The opposition has to win the election and it has to win the aftermath of the election.”
If not? There won’t be another “normal” election for some time, he said. But that doesn’t have to happen, and Snyder is optimistic it won’t. To avoid it, we voters must turn out in overwhelming numbers to deal Trump a lopsided defeat. The military must hold to its oath. Homeland Security police must not serve as Trump’s brownshirts. And we citizens must take to the streets, peacefully but indefinitely, until the will of the people prevails.
“It’s going to be messy,” Snyder said. “He seems pretty sure he won’t win the election, he doesn’t want to leave office,” and he appears to Snyder to have “an authoritarian’s instinct” that he must stay in power or go to prison.
There’s more at the link.
Trump has announced that he will nominate Amy Coney Barrett to replace Supreme Court Justice Ruth Bader Ginsburg. The New York Times: To Conservatives, Barrett Has ‘Perfect Combination’ of Attributes for Supreme Court.
…Judge Barrett…would be the sitting justice with the least courtroom experience, but one viewed as a home run by conservative Christians and anti-abortion activists.
“She is the perfect combination of brilliant jurist and a woman who brings the argument to the court that is potentially the contrary to the views of the sitting women justices,” said Marjorie Dannenfelser, the president of the Susan B. Anthony List, an anti-abortion political group….
Liberal groups have been sounding the alarm over Judge Barrett for two years because of concerns over how she might rule on abortion and the Affordable Care Act.
“Amy Coney Barrett meets Donald Trump’s two main litmus tests: She has made clear she would invalidate the A.C.A. and take health care away from millions of people and undermine a woman’s reproductive freedom,” said Nan Aron, the president of Alliance for Justice, a liberal group.
Jay Michaelson at The Daily Beast: Kiss Your Rights Goodbye When Amy Coney Barrett Joins SCOTUS.
Like Judge Garland, who was denied even a hearing, Judge Barrett is unquestionably qualified. She has written numerous scholarly articles on a wide variety of legal and philosophical issues, and unlike some recent Trump nominees, appears to have a spotless ethical record.
But Barrett is also an arch-conservative who has espoused troubling views about the intersection of her personal beliefs with her role as a judge, and who will fundamentally alter the American legal landscape on a number of issues.
Obviously, abortion is the highest-profile of these, and it’s easy to see why every major anti-abortion organization in America hailed Barrett when she was appointed to the Seventh Circuit. She has criticized Roe v. Wade as “judicial fiat” and an “erroneous decision.”
And at a Notre Dame Law School event 2013, she asked, rhetorically, “Would it be better to have this battle in the state legislatures and Congress rather than the Supreme Court?”
That, of course, is intrinsically an anti-choice position. We don’t ask whether it would be better or worse for a state to violate constitutional rights–for Mississippi to outlaw Islam, for example, or Vermont to ban the Republican party. If a constitutional right is at issue–as the Supreme Court held in Roe–then the whole point of judicial review is that it doesn’t matter if it would be “better” for legislatures to fight it out.
Barrett has made similar remarks about same-sex marriage and is a guaranteed vote against Obamacare. On Monday, Dakinikat discussed Barrett’s extreme religious beliefs. From the Daily Beast article:
On its own, none of that matters since Barrett’s religious beliefs should have no bearing on her fitness as a Supreme Court justice.
However, Barrett has made several troubling statements regarding how religious belief impacts the roles of lawyers and judges. Most famously, she said in 2006 that a legal career should be “a means to an end,” namely “building the Kingdom of God.” Now, despite much liberal hand-wringing over this comment, it, alone, is not so problematic. It may simply mean to build a more just and equitable world, as the Bible requires. Indeed, Justice Ginsburg herself had Biblical injunctions to pursue justice on her chamber walls.
But when Barrett’s “means to an end” statement is placed in the context of other statements she has made, it raises questions. For example, in her first law review article, published in 1998, Barrett wrote that “Catholic judges (if they are faithful to the teaching of their church) are morally precluded from enforcing the death penalty.”
That is an unusual position, suggesting that a judge cannot discharge her public duty if she has a personal religious belief regarding it. Ironically, if that principle is applied to all cases in which the Catholic Church has stated moral positions, it might require Justice Barrett to recuse herself from cases regarding abortion and homosexuality, as well as the death penalty.
On next Tuesday’s debate, The Washington Post’s Sean Sullivan and Josh Dawsey anticipate vicious Trump attacks: Trump readies a debate onslaught — and Biden allies worry.
President Trump is gearing up to launch blistering personal attacks on Joe Biden and his family in the first presidential debate on Tuesday, while Biden is bracing for an onslaught and worried allies are warning the Democratic nominee not to lose his temper and lash out, according to people with knowledge of the strategies in both camps.
Trump has told associates he wants to talk specifically about his opponent’s son Hunter Biden and mused that the debates are when “people will finally realize Biden is just not there,” according to one adviser. The president is so eager to lay into his rival that he has called aides to test out various attacks, focusing on broadsides that cast Biden as a longtime Washington insider with a limited record of accomplishment, said another adviser, who like many interviewed for this story spoke on the condition of anonymity to candidly describe private talks.
Biden and his advisers are anticipating a venomous barrage, according to a person with knowledge of their thinking, and they are preparing to counter with an affirmative case for a Biden presidency. The Democrat wants to stay focused on how he would address the coronavirus pandemic and the country’s economic problems, which he blames Trump for worsening.
The prospect of a cage match between a president for whom no subject is off-limits and a challenger who can be openly emotional is making some Biden advisers nervous. They see a fine line between Biden’s passion and empathy, which can appeal to voters, and the raw anger that sometimes gets him in trouble and could undercut his pitch as a calming alternative to a president who thrives on chaos.
“When you go at his family, he becomes hotter than hell, which is part of the thing I worry about,” said John Morgan, a Florida trial lawyer and major Biden donor. “I think what Biden has to be careful about is not letting his Irish temper blow when that happens.”
Would it really be so awful for Biden to give Trump a tongue-lashing? I’m not so sure.
Philippe Reines writes, also at The Washington Post: I played Trump in Clinton’s debate prep. Here’s what Biden can expect.
Donald Trump is a very bad debater. Donald Trump is very difficult to debate.
These two seemingly contradictory statements are equally true. He’s a dangerous opponent. In 2016, it was because he had nothing to lose. Now, it’s because he has everything to lose.
I would know. In the last cycle, I had a unique assignment: playing Trump’s stand-in during Hillary Clinton’s mock debates. Before donning the ill-fitting suit I had tailored, my preparation included studying the 11 Republican primary debates in which Trump participated, watching each three times: once start to finish; then only exchanges involving Trump; and finally only Trump, standing at a lectern in my living room with the sound off to focus entirely on his gestures and body language.
Mimicking his appearance, gesticulations and histrionics aside, my overall approach meant zeroing in on the four topics that obsessed Trump: immigration, Obamacare, trade and “the swamp.” When he was on offense, his attacks on (and nicknames for) Clinton were honed and simple by the time the debates began in September. But he rarely, if ever, defended himself. No matter the attack against him — and there were some doozies — he dispensed with them quickly. And in the GOP primary debates, his answers involved three parts: I am great; you are terrible; and a nonsensical digression that often changed the subject entirely.
Four years later, Trump is not different, but the circumstances are. The Trump we see at the first presidential debate in Cleveland on Tuesday may be even harder to debate than last time, because whatever ability he possessed to engage has been subsumed by a constant need to launch into tirades over grievances. (“I sort of prepare every day by just doing what I’m doing,” he told “Fox and Friends” about his pre-debate regimen.) He exists in a double bubble — isolated in the Oval Office, consuming and regurgitating nothing but friendly right-wing media and Twitter bile. And he’s desperate: The debate presents the first big chance to shake up a race he’s losing, but he doesn’t seem to have a plan to turn things around other than to hope for Joe Biden to collapse.
Read Reines’ suggestions for Biden at the link.
Finally, at The New York Times, Hannah Beech reports that the world pities the USA: ‘I Feel Sorry for Americans’: A Baffled World Watches the U.S.
BANGKOK — Myanmar is a poor country struggling with open ethnic warfare and a coronavirus outbreak that could overload its broken hospitals. That hasn’t stopped its politicians from commiserating with a country they think has lost its way.
“I feel sorry for Americans,” said U Myint Oo, a member of parliament in Myanmar. “But we can’t help the U.S. because we are a very small country.”
The same sentiment prevails in Canada, one of the most developed countries. Two out of three Canadians live within about 60 miles of the American border.
“Personally, it’s like watching the decline of the Roman Empire,” said Mike Bradley, the mayor of Sarnia, an industrial city on the border with Michigan, where locals used to venture for lunch.
Amid the pandemic and in the run-up to the presidential election, much of the world is watching the United States with a mix of shock, chagrin and, most of all, bafflement.
Click the link to read the rest.
That’s it for me. What’s happening from your point of view? I hope you all have a great weekend, and please check in at Sky Dancing blog if you have a moment free.
Tuesday ReadsPosted: September 18, 2018 Filed under: morning reads, U.S. Politics, Women's Rights | Tags: "presidential alert", Amy Coney Barrett, Anita Hill, attempted rape, Brett Kavanaugh, democracy in crisis, Don McGahn, Donald Trump, FEMA, Hillary Clinton, Mario Kart, Mitch McConnell, PTSD, Roe v. Wade, Senate Judiciary Committee, triggered 40 Comments
I’m sure I’m not alone in this, but the whole Kavanaugh thing has really triggered my PSTD. I haven’t been able to sleep much at night, I wake up early, and then I fall asleep in the afternoon. I feel disgusted and depressed by the entire ugly episode. It was bad enough that Republicans were determined to confirm a political operative whose main goal in life seems to be to curtail the rights of women and hand corporations the power to rip off and poison Americans, but now we may get a reprise of the Anita Hill hearings.
I’m glad that Christine Blasey Ford has come forward with her story of being nearly raped by Trump’s SCOTUS pick, but at the same time I wish the whole horrible thing would just go away.
Actually, I’m convinced that there won’t be a hearing next Monday. I think Kavanaugh will be forced to withdraw. It seems that Trump isn’t really all that enthused about him, and he can always nominate another evil right wing nut. In fact, he could solve the whole sexual abuse/assault issue by appointing a conservative woman, Amy Coney Barrett. She probably didn’t try to rape anyone when she was in high school, and she would likely vote to overturn Roe v. Wade.
Here’s the latest tick tock from the WaPo White house reporters: With Trump muted, White House leans on Kavanaugh to defend himself.
White House aides said they persuaded the president to refrain from tweeting a defense of Kavanaugh in the accusation’s immediate aftermath and deliberately worked to keep him from meeting personally with the nominee, even though the two men spent most of the day in proximity.
Kavanaugh was hunkered down in the West Wing office of White House Counsel Donald McGahn, strategizing to save his nomination and calling senators to deny the claim against him….
One senior White House official said Trump thinks Kavanaugh can survive and told top advisers he thought the judge’s denial of wrongdoing was forceful. “The president’s thinking is, don’t get out there and defend him if he’s not defending himself,” this official said. “But he liked that he defended himself.”
But two Trump confidants Monday also underscored the president’s history of self-interested calculations amid political tumult. “He’s going to do what’s best for Trump,” said one of them, who spoke on the condition of anonymity to offer a candid assessment. “The president thinks it’s rough for Kavanaugh, and he’d decry the process as disgusting if he withdraws, but he’d nominate a carbon copy of Kavanaugh in a second if he goes down.”
Another reason why Kavanaugh might be thrown overboard, again from the WaPo: Republicans fear reversals in November due to accusation against Supreme Court nominee.
Republicans are bracing for political aftershocks from the sexual assault accusation against Supreme Court nominee Brett M. Kavanaugh, with some expressing fear that the coming investigation will refocus the nation’s attention on an issue that could drive up the Democratic vote in the midterm elections.
The initial hope that the conservative Kavanaugh’s appointment would encourage turnout by grateful GOP voters this fall has been tempered by new fears that more voters, especially independent women, might head to the polls with fresh anger about Republican handling of sexual impropriety after a new round of public hearings.
“It’s not just about Kavanaugh but more about the midterms,” Rick Hohlt, a Republican lobbyist and veteran strategist, said of the party’s concerns. “With more women running for public office than ever before and the majority of them being Democrats, we could have a 1992 situation.”
That’s a reference to the elections in 1992, dubbed the “Year of the Woman” after the number of women elected to the House nearly doubled, to 47, and the number of women elected to the Senate tripled, to six. The election came one year after Justice Clarence Thomas was confirmed to the Supreme Court despite allegations that he had sexually harassed a subordinate, Anita Hill, in the workplace.
Even before the accusation against Kavanaugh surfaced, polls showed women preferred Democrats more than men did and were more likely to disapprove of President Trump, who faced accusations of sexual misconduct by 19 women before his 2016 election. A Washington Post-ABC News poll in late August found 58 percent of female registered voters intended to cast a ballot for a Democrat for Congress, compared with 45 percent of men.
Remember Mitch McConnell never wanted Trump to appoint Kavanaugh. It’s a long time until next Monday’s scheduled hearing. A lot can happen in that time. My guess is the Republicans will cut Kavanaugh loose. Certainly, if another woman comes forward, he will be dead in the water.
Meanwhile, FEMA’s threatened presidential emergency alert system rollout has been postponed because of all the protests. NBC News:
The Federal Emergency Management Agency, which oversees the wireless emergency alert (WEA) system, announced that the test that had been scheduled for Thursday will be pushed back to Oct. 3, citing the “ongoing response efforts to Hurricane Florence.”
The initial announcement was met with concerns from social media users who stated that a direct message from President Donald Trump to the nation could be used for political purposes, similar to how he uses his official Twitter page.
Many also went on to raise the issue of the alert being mandatory, with no way to opt of it. One user even messaged Verizon Wireless, one of the 100 wireless service companies that have agreed to provide the alert to their network, asking how she can avoid receiving it.
Some users even threatened to cancel their cellphone service, while others said they would protest the test by turning their phones off, creating the hashtag #GoDark920 in response to the original test date.
Stephen Cobb, a security researcher at ESET, a technology security company, tweeted via his verified account that the blowback against the test indicated the broader frustration with the president.
“This POTUS is so bad that folks are prepared to forgo the potential benefits of a national alert system – which already exists on radio and TV – because it is hard to believe Trump will not abuse it.”
As long as we’re talking about the sexual predator in the White House, I might as well include this creepy info from The Guardian on Stormy Daniels’s tell-all book:
Trump’s bodyguard invites Daniels to dinner, which turns out to be an invitation to Trump’s penthouse, she writes, in a description of alleged events that Daniels has disclosed previously but which in the book are rendered with new and lurid detail. She describes Trump’s penis as “smaller than average” but “not freakishly small.”
“He knows he has an unusual penis,” Daniels writes. “It has a huge mushroom head. Like a toadstool…
“I lay there, annoyed that I was getting fucked by a guy with Yeti pubes and a dick like the mushroom character in Mario Kart…
“It may have been the least impressive sex I’d ever had, but clearly, he didn’t share that opinion.”
Ugh. Still, I’d love to be a fly on the wall when someone reads this to Trump.
Finally, if you haven’t already done so, you should read Hillary Clinton’s new essay at The Atlantic: American Democracy Is in Crisis.
It’s been nearly two years since Donald Trump won enough Electoral College votes to become president of the United States. On the day after, in my concession speech, I said, “We owe him an open mind and the chance to lead.” I hoped that my fears for our future were overblown.
They were not.
In the roughly 21 months since he took the oath of office, Trump has sunk far below the already-low bar he set for himself in his ugly campaign. Exhibit A is the unspeakable cruelty that his administration has inflicted on undocumented families arriving at the border, including separating children, some as young as eight months, from their parents. According to The New York Times, the administration continues to detain 12,800 children right now, despite all the outcry and court orders. Then there’s the president’s monstrous neglect of Puerto Rico: After Hurricane Maria ravaged the island, his administration barely responded. Some 3,000 Americans died. Now Trump flatly denies those deaths were caused by the storm. And, of course, despite the recent indictments of several Russian military intelligence officers for hacking the Democratic National Committee in 2016, he continues to dismiss a serious attack on our country by a foreign power as a “hoax.”
Trump and his cronies do so many despicable things that it can be hard to keep track. I think that may be the point—to confound us, so it’s harder to keep our eye on the ball. The ball, of course, is protecting American democracy. As citizens, that’s our most important charge. And right now, our democracy is in crisis.
I don’t use the word crisis lightly. There are no tanks in the streets. The administration’s malevolence may be constrained on some fronts—for now—by its incompetence. But our democratic institutions and traditions are under siege. We need to do everything we can to fight back. There’s not a moment to lose.
Read the rest at the Atlantic link.