Senior Biden officials have told progressive activists and lawmakers in recent days that they do not see the 14th Amendment — which says the “validity of the public debt” cannot be questioned — as a viable means of circumventing debt ceiling negotiations. They have argued that doing so would be risky and destabilizing, according to three people familiar with the discussions.
Lazy Caturday Reads
Posted: June 24, 2023 Filed under: cat art, caturday | Tags: insurrection in Russia, Russia, Sergei Shoigu, Vladimir Putin, Yevgeny Prigozhen 11 Comments
The Merchant’s Wife at Tea, by Boris Kustodiev
Happy Caturday!!
All hell has broken loose in Russia, and I’m not a good judge of what is happening, although it’s certainly interesting to watch events as they happen. It does look as though Putin is getting weaker. Yevgeny Prigozhin, formerly known as “Putin’s Chef,” who is the leader of the Wagner Group, a private mercenary organization, is challenging Putin’s Defense Minister Sergei Shoigu and top general Valery Gerasimov over the way the Ukraine war is going.
It’s important to note that Prigozhin is not a good guy. He was in charge of the Internet Research Agency, which led the disinformation campaign to interfere with the 2016 U.S. election and put Trump in the White House.
I’ve been watching TV and reading knowledgeable people on Twitter off and on since late last night when Dakinikat called and got me to pay attention. I was sort of hibernating yesterday and sure enough, something big happened while I was escaping reality. Anyway, I’ll post some of what Russia experts are saying at the moment. Obviously, this is a fast-moving story. In fact, MSNBC is reporting right now that mercenary forces are marching toward Moscow and Putin has ordered makeshift truck blockades of roads into the city.
One interesting thing I’ve seen on Twitter is the number of former Republicans who are expressing relief that Biden is in the White House now and not Donald Trump.
This is from Russia expert Tom Nichols, who posted a primer at The Atlantic last night: A Crisis Erupts in Russia.
A simmering political feud in Russia has exploded into a crisis. The head of a Russian mercenary army fighting in Ukraine alongside Moscow’s official military forces has declared war against the Russian ministry of defense, claiming that Russia’s war in Ukraine was all the result of a giant plot by defense bureaucrats to mislead Russian President Vladimir Putin into a pointless conflict.
‘A Girl With Kittens’ (1895) by Ivan Gorokhov (1863-1934)
Yevgeny Prigozhin, the head of the Wagner Group, also claims that Russian government forces struck his men and inflicted numerous casualties. The Russian Defense Ministry denies any involvement with the strike, but Prigozhin has gone, literally, on the warpath, claiming that he will march into the southern Russian city of Rostov and onward if necessary to topple the corrupt officials leading the Russian Defense Ministry and military high command. He is asking Russian police and military forces to stand aside while he gets “justice” for his troops.
The Russian government, which has long welcomed Prigozhin’s assistance in conflicts in Syria and Ukraine, has apparently had enough of all this, especially now that Prigozhin is dismantling the Kremlin’s rationalizations for the war—and by extension, making Putin look like a fool or a liar or both. The Russian security service has opened a criminal case against Prigozhin for instigating a coup and issued a warrant for his arrest, something they could do only with Putin’s approval.
As for why this is happening, Nichols writes:
Think of this conflict not as a contest between the Russian state and a mercenary group, but as a falling-out among gangsters, a kind of Mafia war.
A government doing a lot of bad things in the world can make great use of a cadre of hardened and nasty mercenaries, and Prigozhin has been making his bones for years as a tough guy leading other tough guys, ultranationalist patriots who care more about Mother Russia than the supposedly lazy and corrupt bureaucrats in Moscow do. The Ministry of Defense, meanwhile, is led by a political survivor named Sergei Shoigu, who has managed to stay in the Kremlin in one capacity or another since 1991. Shoigu never served in the Soviet or Russian military, yet affects the dress and mannerisms of a martinet.
Prigozhin and Shoigu, both personally close to Putin, have good reason to hate each other. Shoigu’s forces have been humiliated in Ukraine, shown up both by the Ukrainians and by Prigozhin’s mercenaries (a point Prigozhin hammers home every chance he gets). Prigozhin claims that Shoigu has withheld ammunition and supplies from Wagner, which is probably true; a defense minister is going to take care of his own forceto displace Shoigu or move up somehow in the Moscow power structure. But Shoigu is no rookie, and a Russian Defense Ministry edict was about to go into force requiring all mercenaries to sign up with the Russian military, which would place them under Shoigu’s control.s first. The two men have a lot of bad blood between them, and Prigozhin might have been hoping to displace Shoigu or move up somehow in the Moscow power structure. But Shoigu is no rookie, and a Russian Defense Ministry edict was about to go into force requiring all mercenaries to sign up with the Russian military, which would place them under Shoigu’s control.
Read more at The Atlantic. If you can’t get past the paywall, try emptying your cache. They allow a couple of free articles.
Also from the Atlantic, by Anne Applebaum: Russia Slides Into Civil War. Is Putin facing his Czar Nicholas II moment?
The hall of mirrors that Vladimir Putin has built around himself and within his country is so complex, and so multilayered, that on the eve of a genuine insurrection in Russia, I doubt very much if the Russian president himself believed it could be real.
‘Tête-à-tête’ (1868) by Vladimir Makovsky (1846-1920)
Certainly the rest of us still can’t know, less than a day after this mutiny began, the true motives of the key players, and especially not of the central figure, Yevgeny Prigozhin, the leader of the Wagner mercenary group. Prigozhin, whose fighters have taken part in brutal conflicts all over Africa and the Middle East—in Syria, Sudan, Libya, the Central African Republic—claims to command 25,000 men in Ukraine. In a statement yesterday afternoon, he accused the Russian army of killing “an enormous amount” of his mercenaries in a bombing raid on his base. Then he called for an armed rebellion, vowing to topple Russian military leaders.
Prigozhin has been lobbing insults at Russia’s military leadership for many weeks, mocking Sergei Shoigu, the Russian minister of defense, as lazy, and describing the chief of the general staff as prone to “paranoid tantrums.” Yesterday, he broke with the official narrative and directly blamed them, and their oligarch friends, for launching the full-scale invasion of Ukraine in 2022. Ukraine did not provoke Russia on February 24, he said: Instead, Russian elites had been pillaging the territories of the Donbas they’ve occupied since 2014, and became greedy for more. His message was clear: The Russian military launched a pointless war, ran it incompetently, and killed tens of thousands of Russian soldiers unnecessarily….
Up until the moment it started, when actual Wagner vehicles were spotted on the road from Ukraine to Rostov, a Russian city a couple of miles from the border (and actual Wagner soldiers were spotted buying coffee in a Rostov fast-food restaurant formerly known as McDonald’s), it seemed impossible. But once they appeared in the city—once Prigozhin posted a video of himself in the courtyard of the Southern Military District headquarters in Rostov—and once they seemed poised to take control of Voronezh, a city between Rostov and Moscow, theories began to multiply….
But the Kremlin may not have very good information either. Only a month ago, Putin was praising Prigozhin and Wagner for the “liberation” of Bakhmut, in eastern Ukraine, after one of the longest, most drawn-out battles in modern military history. Today’s insurrection was, by contrast, better planned and executed: Bakhmut took nearly 11 months, but Prigozihin got to Rostov and Voronezh in less than 11 hours, helped along by commanders and soldiers who appeared to be waiting for him to arrive.
There’s more speculation at the link. Again, try emptying your cache to get by the paywall. I was able to get these two free articles this morning.
Some background from Max Seddon at The Financial Times: ‘He went nuts’: how Putin’s caterer served a dish of high treason.
When they first appeared in 2014 to fight covertly in Ukraine, the masked militiamen of Russia’s Wagner group epitomised how Vladimir Putin’s Kremlin had mastered a new, underhand form of warfare.
‘Girl In Front of a Mirror’ (1848) by Filipp Budkin (1806-1850)
But after Wagner paramilitaries took control of at least one Russian city on Saturday and began a “march of justice” on Moscow, the blowback from nine years of war in Ukraine threatened the very foundations of Putin’s state — with a problem of his own making.
After months of lurid public infighting, the conflict between Yevgeny Prigozhin’s paramilitaries and the Russian defence ministry has boiled over into the first coup attempt in Russia in three decades.
Although Putin appeared shocked by his former caterer Prigozhin’s “treason” during a stern five-minute address to the nation, the chaos indicated how years of covert warfare, poor governance and corruption had created the greatest threat to his rule in 24 years….
The roots of Prigozhin’s revolt date back to 2014 when Prigozhin set up Wagner as a way for Russia to disguise its involvement in a slow-burning war in Ukraine’s eastern Donbas region. The group helped keep eastern Ukraine under Russian proxy control and, as its mission expanded, gave Russia plausible deniability for sorties as far away as Syria and Mozambique.
Seddon provides quite a bit more background on the conflict between Prigozhin and Putin. Read that at the link if you’re interested. On what’s happening now, Seddon writes:
The exact circumstances leading to the uprising remain unclear. One person close to the FSB said Russia’s security forces had spent the past several days preparing for some kind of assault, suggesting Prigozhin had learnt of the plan and had decided to go out all guns blazing. “This isn’t out of nowhere and it didn’t come as a surprise,” the person said.
Another former senior Kremlin official said the conflict with the army had driven Prigozhin — a former criminal who is said to revel in publicly executing deserters — to even further extremes.
“He went nuts, flew into a rage and went too far. He added too much salt and pepper,” the former official said. “What else do you expect from a chef?”
An important trigger for Prigozhin’s uprising appears to have been Putin’s decision to back the defence ministry’s attempts to bring Wagner to heel.
Read more insights on Prigozhin’s state of mind at The Financial Times.

‘Morning Tea’ by Vladimir Makovsky (1846-1920)
Yaroslav Trofimov at The Wall Street Journal writes about what’s happening now: Russia’s Putin Orders Military to Crush Wagner Power Grab, Calls It Treason.
Russian President Vladimir Putin said Saturday he ordered his military to act against the Wagner paramilitary group that seized the southern Russian city of Rostov, describing its actions as treason that put the country’s survival in peril.
As Wagner columns moved toward Moscow Saturday, they were attacked by Russian aircraft in the Voronezh region, some 300 miles south of the capital. Videos from the area showed the city of Voronezh’s main fuel depot ablaze, a Ka-52 helicopter destroying a vehicle, and another helicopter narrowly escaping a Wagner antiaircraft missile. A Russian plane was also shot down.
The crisis unfolding in Russia represents the most serious challenge to Putin’s 23-year rule—a direct consequence of the strains put on Russian society and armed forces by the war that he unleashed against Ukraine in February last year.
If the Wagner insurrection isn’t put down swiftly, the strife could significantly undermine Russia’s front-line troops in Ukraine just as Kyiv carries out a Western-backed offensive to reclaim occupied lands. The uprising exposes the fault lines that have already emerged in Russian society and challenges Putin’s strategy of waging a long war against Ukraine in the hopes that Western political will to support Kyiv would eventually collapse.
Wagner troops, led by Yevgeny Prigozhin, earlier in the day took over the main military headquarters for southern Russia, in Rostov, and other installations there, encountering virtually no resistance from the regular armed forces. After that, Wagner sent columns of troops northward toward Moscow, as the Russian army rushed to cut off highways and defend the capital city. Moving past Voronezh, Wagner’s tanks and troop carriers were seen by Saturday lunchtime crossing the Lipetsk region, where authorities called on residents to remain indoors.
While Putin’s spokesman Dmitry Peskov said that the Russian president remained in the Kremlin, flight-monitoring services showed that at least two special flight-squadron aircraft used by Russia’s top leadership left the capital for St. Petersburg on Saturday. Russian troops started preparing fortifications on approaches to Moscow.
Read more at the WSJ. I didn’t encounter a paywall when I used the link at Memeorandum.

‘Her Favorite’ (1905) by Nikolai Bodarevsky (1850-1921)
The Guardian is posting live updates here.
2 hours ago:
The governor of Russia’s Lipetsk province says the Wagner mercenary group has entered the region, AP reports.
The Lipetsk region is about 360km (225 miles) south of Moscow and much closer to the capital than Rostov-on-Don, where Wagner forces appeared during the night.
3 minutes ago:
The Moscow region has suspended mass events outdoors and at educational institutions until 1 July, authorities have announced.
This follows the mayor of Moscow urging residents to refrain from travelling around the capital.
31 minutes ago:
Former Russian president, Dmitry Medvedev, said on Saturday that Russia will not allow the Wagner mutiny led by Yevgeny Prigozhin to turn into a coup or a global crisis, Russia’s state news agency TASS reports.
Answering questions from journalists, Medvedev, deputy chairman of Russia’s security council, said the whole world would be on the brink of catastrophe if Russian nuclear weapons fell into the hands of Wagner.
“The history of mankind hasn’t yet seen the largest arsenal of nuclear weapons under control by bandits,” Medvedev said. “Such a crisis will not be limited by just one country’s borders, the world will be put on the brink of destruction.”
He added: “We won’t allow such a turn of events.”
The New York Times is also providing live updates here.
I’m going to end there and get this posted. This could get even more interesting.
Lazy Caturday Reads
Posted: May 20, 2023 Filed under: abortion rights, cat art, caturday, Democratic Politics, Donald Trump, Republican politics, SCOTUS | Tags: 14th amendment, abortion, debt limit, default, Gov. Roy Cooper, Joe Biden, media, North Carolina, recession, Ron DeSantis, Russia, shadow docket, Steve Vladeck, Supreme Court 22 Comments
The Cat by an open Window (Aix-en-Provence) Charles Camoin
Happy Caturday!!
It is just me, or is the political news getting so complex and frightening as to be overwhelming? I’ve been looking around the internet for stories to post today, and it seems to me there is way too much going wrong. Is it my own anxiety and depression interfering with my judgment? Or is the country really on the brink of disaster? I hope it’s just me.
Let’s see, there is the most immediate crisis: the debt ceiling impasse. Then there’s frightening long-term threat of Donald Trump and his followers. There’s the building threat of Ron DeSantis. And there are more frightening issues: the Supreme Court and the effects of their recent decisions on women–abortion bans in many states, and the possibility of limits on birth control. There’s also Russia’s war on Ukraine–which I’ve pretty much given up on following–and the danger to our country posed by Republicans who support Russia in that conflict. And of course, for the longer-term, there are the threats to the environment and to humans from climate change. Have our lives always been this complicated?
I’m going to start by recommending a very long essay by Michael Tomasky at The New Republic: Donald Trump Against America. The subhead is, “He loves an America of his twisted imagination. He hates—and fears—the America that actually exists. And if he gets back to the White House … look out.” I haven’t actually finished reading this article–it’s practically book-length, but I’ve read quite a bit and plan to go back and finish it. It’s a look at the modern history of U.S. politics and an analysis of the current negativity of the Republican party as opposed to what Americans actually believe and want today. Republicans are completely out of step with modern American attitudes, and yet they have outsize power to affect our reality because of their control of the Supreme Court, Congress, and state governments.
Now for the most immediate issue–the debt ceiling fight.
Talking Points Memo: Growing List Of Dems Urge Biden To Cite 14th Amendment To Sidestep McCarthy’s Debt-Ceiling Hostage Crisis.
A growing group of Senate Democrats is urging President Joe Biden to seriously consider invoking the 14th Amendment to declare the debt ceiling unconstitutional, a strategy that — if upheld by the courts — could avert a looming default without any concessions to House Republicans, who have used their slim majority to take the debt ceiling hostage.
Sens. Tina Smith (D-MN), Elizabeth Warren (D-MA), Jeff Merkley (D-OR), Ed Markey (D-MA) and Bernie Sanders (I-VT) have been circulating a letter amongst their colleagues this week to collect support for Biden to invoke the 14th Amendment and lift the debt ceiling without any help from House Republicans.
By Suellen Ross
“We write to urgently request that you prepare to exercise your authority under the 14th Amendment of the Constitution, which clearly states: ‘the validity of the public debt of the United States … shall not be questioned,’” the draft letter reads. “Using this authority would allow the United States to continue to pay its bills on-time, without delay, preventing a global economic catastrophe.”
As the so-called “x-date” — when House Republicans may push the country to default on its debts — draws closer, legal scholars have pointed out that the 14th Amendment seemingly declares the debt ceiling unconstitutional. It’s an argument that also gained traction during the Obama-era debt-ceiling standoffs, though that Democratic administration ultimately chose not to embrace it.
Now, some Democrats are saying the Biden White House should give it a hard look, arguing that the Civil War-era amendment requires the administration to continue to pay the U.S.’s bills regardless of the early 20th century debt ceiling statute, and Republicans’ 21st century attempts to take it hostage. A list of demands passed by the Republican-controlled House last month includes spending cuts to some of Democrats’ most prized priorities.
At Politico, Adam Cancryn claims that’s not likely: Biden’s 14th Amendment message to progressives: It ain’t gonna happen.
Progressive lawmakers renewed their call for President Joe Biden to bypass Congress to avert a default after the abrupt cancellation of debt ceiling talks on Friday.
But the White House remains resistant. It issued a subdued statement indicating it sees no reason to pull the plug on talks. And privately, its message has been even blunter.
The White House has studied the issue for months, with some aides concluding that Biden would likely have the authority to declare the debt limit unconstitutional as a last-ditch way to sidestep default. But Biden advisers have told progressives that they see it as a poor option overall, fearing such a move would trigger a pitched legal battle, undermine global faith in U.S. creditworthiness and damage the economy. Officials have warned that even the appearance of more seriously considering the 14th Amendment could blow up talks that are already quite delicate.
“They have not ruled it out,” said one adviser to the White House, granted anonymity to speak candidly about discussions. “But it is not currently part of the plan.”
Well, at least they haven’t completely ruled it out.

A Cat Basking in the Sun, Bruno Lijefors
Sara Chaney Cambon at The Wall Street Journal: Debt-Ceiling Standoff Could Start a Recession, But Default Would Be Worse.
Prolonged debt-ceiling squabbling could push the U.S. economy into recession, while a government default on its obligations might touch off a severe financial crisis.
U.S. lawmakers are negotiating over raising the federal government’s borrowing limit and may have just days to act before the standoff reverberates through the economy.
Treasury Secretary Janet Yellen said that the government could become unable to pay bills on time by June 1. In that case, the Treasury Department could halt payments, such as to federal employees or veterans.
In a worst-case scenario, a failure to pay holders of U.S. government debt, a linchpin of the global financial system, could trigger severe recession and send stock prices plummeting and borrowing costs soaring.
Many economists don’t expect a default for the first time in U.S. history. But they outline three potential ways the standoff could affect the economy and financial system, ranging from not great to extremely scary.
Camon discusses the likely results of three scenarios:
1) Last minute deal
The economy is already slowing due to rising interest rates, with many forecasters expecting a recession this year. While lawmakers haggle, uncertainty could cause consumers, investors and businesses to retrench, increasing the chances of a recession, said Joel Prakken, chief U.S. economist at S&P Global Market Intelligence.
Workers aren’t likely to lose their jobs, but the unpredictability of the economic outlook could cause them to put off purchases.
Stock prices could start to decline as June 1 nears….“Even if we get an agreement before we run out of resources there still could be a legacy effect of the uncertainty that restrains economic growth,” Prakken said.
2) Deal after deadline
If negotiations extend beyond Thursday June 1, economists expect a more severe reaction from financial markets, as the possibility for default looks more real.
“The shock would tend to accelerate quite rapidly” on June 1, said Gregory Daco, chief economist at Ernst & Young.
If consumers’ retirement and investment accounts suddenly shrink, they could sharply curtail their spending, the lifeblood of the U.S. economy. Businesses could pause hiring and investment plans.
3) No deal
If no deal is reached and the government can’t pay all its bills for days or weeks, repercussions would be enormous.
“There would be chaos in the global financial system because Treasurys are so important,” said Wendy Edelberg, an economist at the Brookings Institution. “What happens when that thing that everybody is benchmarking themselves to proves to be one of the riskiest things out there?”
Ernst & Young’s Daco said a default would trigger a recession more severe than the 2007-09 downturn.
Read more details at the WSJ link. If you can’t get in with my link, try using the one at Memeorandum.
A couple more stories on the debt limit impasse:
Jason Linkins at The New Republic: The Beltway Media Is Spreading Debt Limit Misinformation. The political press bears a share of the blame for the fact we are once again on the precipice of default.
Carl Hulse at The Washington Post: Finger-Pointing Won’t Save Anyone if Default Leads to Economic Collapse.

Jacobus van Looy, White Cat at an Open Window, 1895
In other news, if Biden manages to win the debt ceiling war, will Republican missteps on the abortion issue help him win in 2024?
CNN: ‘Reap the whirlwind’: Biden and North Carolina Democrats see 2024 edge in GOP abortion ban.
North Carolina Republicans jumped out on a limb this week when they passed a controversial new abortion ban. Democrats are now rushing to saw it off.
The state GOP legislative supermajority’s decision to override Democratic Gov. Roy Cooper’s veto of the measure sharpened the stakes for next year’s elections – and gave Democrats new impetus to invest up and down the North Carolina ballot.
At the top of the ticket, President Joe Biden’s campaign is already drawing up plans to focus on the ban, which outlaws most abortions after 12 weeks, in its bid to win a state last captured by a Democratic presidential candidate in 2008. Former President Donald Trump’s victory there in 2020 was his narrowest of the election, and North Carolina is critical to any Republican’s path to the White House.
The shock waves from the brief but fierce abortion fight – 12 days that saw the bill pass, get vetoed by Cooper, then resurrected by Republican lawmakers – are also expected to reach into next year’s races for governor, state attorney general and both legislative chambers. With Cooper term-limited, the campaign to succeed him is expected to be the most competitive governor’s race of 2024, potentially pitting far-right GOP Lt. Gov. Mark Robinson against Democratic Attorney General and Cooper protégé Josh Stein.
The race to succeed Cooper, who has for years beat back the Republican agenda in North Carolina with his veto pen, will be especially heated if Robinson wins the Republican nomination. Democrats are already highlighting his absence from the legislature during the abortion votes – arguing that he is trying to distance himself from the ban. The Republican had tried to avoid publicly commenting on the issue in recent weeks – a reversal from his usual posture – though he told a conservative radio host the day after Republicans overrode Cooper’s veto that North Carolina continued to “move the ball” on abortion.
Read more at CNN.
People have been asking where Ron DeSantis got the money to pay for his round the world and cross country political tour, and The New York Times’ Alexandra Berzon and Rebecca Davis O’Brient got the goods: Air DeSantis: The Private Jets and Secret Donors Flying Him Around.
For Ron DeSantis, Sunday, Feb. 19, was the start of another busy week of not officially running for president.
That night, he left Tallahassee on a Florida hotelier’s private jet, heading to Newark before a meet-and-greet with police officers on Staten Island on Monday morning. Next, he boarded a twin-jet Bombardier to get to a speech in the Philadelphia suburbs, before flying to a Knights of Columbus hall outside Chicago, and then home to his day job as governor of Florida.
Rapp and Johan, Bruno Liljefors, 1886
The tour and others like it were made possible by the convenience of private air travel — and by the largess of wealthy and in some cases secret donors footing the bill.
Ahead of an expected White House bid, Mr. DeSantis has relied heavily on his rich allies to ferry him around the country to test his message and raise his profile. Many of these donors are familiar boosters from Florida, some with business interests before the state, according to a New York Times review of Mr. DeSantis’s travel. Others have been shielded from the public by a new nonprofit, The Times found, in an arrangement that drew criticism from ethics experts.
Mr. DeSantis, who is expected to formally announce his candidacy next week, is hardly the first politician to take advantage of the speed and comfort of a Gulfstream jet. Candidates and officeholders in both parties have long accepted the benefits of a donor’s plane as worth the political risk of appearing indebted to special interests or out of touch with voters.
But ethics experts said the travel — and specifically the role of the nonprofit — shows how Mr. DeSantis’s prolonged candidate-in-limbo status has allowed him to work around rules intended to keep donors from wielding secret influence. As a declared federal candidate, he would face far stricter requirements for accepting and reporting such donations.
“Voters deserve this information because they have a right to know who is trying to influence their elected officials and whether their leaders are prioritizing public good over the interests of their big-money benefactors,” said Trevor Potter, the president of Campaign Legal Center and a Republican who led the Federal Election Commission. “Governor DeSantis, whether he intends to run for president or not, should be clearly and fully disclosing who is providing support to his political efforts.”
Read the rest at the NYT.
One more important story on one of our huge problems–the Supreme Court.
Ian Ward at Politico Magazine: The Supreme Court Is Hiding Important Decisions From You.
As the Supreme Court begins to release its written opinions from its most recent term, much of the public’s attention is focused on high-profile cases on affirmative action, election law and environmental regulation. But according to Stephen Vladeck, a professor at the University of Texas Law School, this narrow focus on the most headline-grabbing decisions overlooks a more troubling change in the High Court’s behavior: The justices are conducting more and more of the court’s most important business out of the public eye, through a procedural mechanism known as “the shadow docket.”
Quantitatively speaking, cases arising from the shadow docket — which include everything apart from the court’s annual average of 60 to 70 signed decisions — have long made up a majority of the justices’ work. But as Vladeck documents in his new book, The Shadow Docket, published this week, the court’s use of the shadow docket changed dramatically during the Trump years, when the court’s conservative majority used a flurry of emergency orders — unsigned, unexplained and frequently released in the middle of the night — to greenlight some of the Trump administration’s most controversial policies.
“What’s remarkable is that the court repeatedly acquiesced and acquiesced [to the Trump administration], and almost always without any explanation,” Vladeck said when I spoke with him. “And they did it in ways that marked a pretty sharp break from how the court would have handled those applications in the past.”
It wasn’t just the frequency of the court’s shadow docket decisions that changed during the Trump years; it was also the scope of those decisions. Whereas the justices have traditionally used emergency orders as temporary measures to pause a case until they can rule on its merits, the current court has increasingly used emergency orders to alter the basic contours of election law, immigration policy, religious liberty protections and abortion rights — all without an extended explanation or legal justification. To illustrate this shift, Vladeck points to the court’s emergency order in September 2021 that allowed Texas’s six-week abortion ban to take effect — a move that effectively undermined Roe v. Wade nine months before the court officially overturned it in Dobbs v. Jackson Women’s Health Organization.
“It really highlights a problem that’s endemic to how we talk about the court, which is that we fixate on the formality of the court’s decision and explanations and downplay the practical effect of its rulings, whether or not they come with those explanations,” Vladeck explained.
Read the rest at Politico.
That’s it for me today. What stories are you following?
Tuesday Reads
Posted: November 15, 2022 Filed under: 2022 Elections, Donald Trump, just because, morning reads | Tags: Adam Frisch, Arizona, California, Colorado, House of Representatives, iran, Katie Hobbs, Loren Boebert, Nancy Pelosi, Russia, Trump whisperers 27 Comments
Solitude (Loneliness), Paul Delvaux, 1956
Good Morning!!
As Daknikat wrote yesterday, it looks as if Republicans will win enough seats to control the House with a very small majority. But they won’t be able to do much. I suppose they’ll spend their time and energy investigating Hunter Biden and any other crackpot problem they can dream up. The good news is than Lauren Bobert’s seat is still undecided for now.
AP News: California wins leave GOP poised to seize US House control.
Two threatened U.S. House Republicans in California triumphed over Democratic challengers Monday, helping move the GOP within a seat of seizing control of the chamber while a string of congressional races in the state remained in play.
In a bitter fight southeast of Los Angeles, Republican Rep. Michelle Steel defeated Democrat Jay Chen in a district that was specifically drawn to give Asian Americans, who comprise the largest group in the district, a stronger voice on Capitol Hill. It includes the nation’s largest Vietnamese community.
East of Los Angeles, Republican Rep. Ken Calvert notched a win over Democrat Will Rollins. With 80% of the votes tallied, Calvert, the longest serving Republican in the California congressional delegation, established a nearly 5,500-vote edge in the contest.
Ten races in the state remained undecided as vote-counting continued, though only a handful were seen as tight enough to break either way.
It takes 218 seats to control the House. Republicans have locked down 217 seats so far, with Democrats claiming 205.
Should Democrats fail to protect their fragile majority, Republican Rep. Kevin McCarthy of Bakersfield would be in line to replace Speaker Nancy Pelosi of San Francisco.
Read about the remaining undecided races at the link.
The Independent: Lauren Boebert – live: Republican under fire for ‘embarrassing’ tweet as she leads race by just 1,200 votes.
Lauren Boebert has taken aim at Nancy Pelosi and called for the House Speaker’s ousting while her own future in politics continues to hang in the balance.
“Waiting this long for election results is going to make firing Nancy Pelosi as Speaker of the House that much sweeter,” she wrote on Twitter on Monday.
Automat, Edward Hopper
Republicans are just one seat away from control of the House of Representatives, with the balance of power potentially hinging on th eoutcome of Ms Boebert’s race among serveral others that have not yet been decided.
Ms Boebert’s race is still too close to call and it is unlikely that the outcome will be known until the end of the week – at the soonest.
The far-right Republican is currently leading Democratic challenger Adam Frisch by just 1,122 votes in what has shaped up to be an unexpectedly close race. The race could be headed for an automatic recount if neither candidate fails to win by a margin of more than 0.5 per cent.
If only she would lose! This is from Newsweek yesterday: Lauren Boebert in Danger as Rejected Mail-in Ballot Checks Could Help Rival.
The race for Colorado’s third congressional district remains too close to be called, as Trump-endorsed Rep. Lauren Boebert is currently only slightly ahead of her rival, Democrat Adam Frisch.
But the incumbent congresswoman’s narrow lead could once again be overturned if thousands of likely rejected votes in favor of her challenger were to be “cured”, as a recount looms over the Colorado race.
Every year in Colorado, thousands of ballots are reportedly rejected for issues related to signature verification, such as a missing signature or a discrepancy in the signature. Local officials then alert voters of the issue, giving them a week to fix the problem and make their vote count. The process, which is done in 23 other state besides Colorado, is called “ballot curing.”
Boebert was widely projected to win the midterms, with polling website FiveThirtyEight giving her a 97 in 100 chance of victory in the days ahead of the vote.
As of November 14 and with nearly all of the ballots being counted, Boebert is leading with 50.1 percent of the vote (162,040 votes) against Frisch’s 49.8 percent (160,918 votes).
A recount could be called if the final margin between Boebert and Frisch is less than or equal to 0.5 percent of the leading candidate’s vote total. At the moment, the gap between the two candidates is 0.38 percent.
Frisch could still oust the Republican incumbent, an election denier and one of Donald Trump‘s most ardent supporters, if thousands of votes likely rejected for signature verification were cast in support of the Democratic nominee.
So it’s still up in the air.
In Arizona, Katie Hobbs finally triumphed in the race for governor. AZ Central: Katie Hobbs elected Arizona’s 5th female governor, defeating election denier Kari Lake.
Katie Hobbs, Arizona’s Democratic election chief who built a national profile by standing up to false claims about the 2020 presidential election, has won the state’s race for governor.
The Associated Press, NBC News and CNN called the race for Hobbs shortly after 7 p.m. Monday, following a nail-biter week of election returns that highlighted the competitiveness of politics in the state.
The Lonely Ones, by Edvard Munch, 1935
“Democracy is worth the wait,” Hobbs posted on social media before issuing a statement thanking her family, volunteers and staff for their work.
“This was not just about an election — it was about moving this state forward and facing the challenges of our generation,” the statement read, ending: “Let’s get to work.”
Late-in-the-race polling showed her Republican opponent Kari Lake, the former television news anchor, with the momentum as Nov. 8 neared. Instead, voters offered a stunning rebuke of Lake, who was one of the nation’s most prominent election deniers.
With Hobbs’ win, Arizonans followed voters in other battleground states who rejected gubernatorial candidates who pushed false claims about election results.
As Arizona’s 24th governor, Hobbs will be the fifth female to hold the top elected office, more than in any other state.
That’s amazing. We just finally got our first female governor here in Massachusetts.
Donald Trump is supposedly announcing that he’s running for president today, and The New York Times and Washington Post can hardly wait. The NYT even hired another “Trump whisperer” to go along with their star access journalist Maggie Haberman. This is from Emptywheel: In the Wake of Trump’s Third Electoral Failure, NY Times Boasts of Hiring a Third Trump Whisperer.
…Jonathan Swan is a good reporter. Indeed, his move to the NYT, which frees him to write like a human being rather than a McKinsey consultant (AKA Axios style), will likely be a significant improvement on his coverage of DC politics.
But it is downright insane that, at a time the GOP and Fox News are at least making noise about ditching Trump, the NYT pitched this hire — and their own political reporting — in terms of Trump.
Our insightful, authoritative and addictive coverage of the election this year drove home an essential truth: The Times’s political team is simply the best in the business.
Take our coverage of Republicans and Donald J. Trump.
We have Maggie Haberman, the dominant reporter of the Trump era, whose prolific, revealing and exclusive coverage has become indispensable to millions of readers. We have Michael Bender, whom Maggie admired as her “fierce competitor” from his days at The Wall Street Journal, and who has delivered exclusives on everything from the former president’s plans to buy Greenland to examinations of how Trumpism remade the Republican party.
And today we are thrilled to tell you that Jonathan Swan, a gifted, dogged and high-impact reporter, will be joining The Times. Jonathan, a national political reporter at Axios, is one of the biggest news breakers and best-sourced reporters in Washington.
Even if you have never met Jonathan, you know his stories. He first reported that Trump would recognize Jerusalem as Israel’s capital, that the U.S. would pull out of the Paris climate deal, that Steve Bannon would be fired and that Paul Ryan would retire from Congress.
Or perhaps you watched his riveting interview with then-President Trump in 2020, which won Jonathan an Emmy (and made his facial expressions famous.) Ben Smith, the former media columnist for The Times, wrote at the time that it was “perhaps the best interview of Mr. Trump’s term.’’
Jonathan’s nine-part written series on the final days of the Trump administration won broad acclaim, and the podcast on which it was based rose to No. 1 on the Apple charts. [my emphasis]
Weekend Retreat, by Alan Parry
Again, I think the Swan hire is a net good for reporting — but aside from the degree to which Swan is an improvement over Jonathan Martin, who just moved to become Politico’s Politics Bureau Chief — that has nothing to do with the NYT.
Particularly accompanied as it is by Maggie’s multiple efforts to suggest Trump is still The One, the pitch of Swan as a Trump-whisperer — rather than simply as a very good reporter of right wing politics — this announcement commits to keeping Trump (as a politician, rather than, for example, a criminal suspect, something none of these three are very good at reporting) the center of attention.
The Washington Post article hyping Trump’s announcement–two years ahead of the 2024 election–of courses features gossip reporters Ashley Parker and Josh Dawsey: Trump campaign operation takes shape ahead of expected 2024 announcement.
Really, who the hell cares? Why don’t these newspapers cover President Biden, who is actually accomplishing plenty, while Trump is likely to be indicted before 2024? Or they could cover the fact that Russia is still working to influence our elections, which CNN reported this morning: CNN Exclusive: US intelligence suggests Russia put off announcing Kherson retreat until after midterm elections.
The US has intelligence that Russia may have delayed announcing its withdrawal from the Ukrainian city of Kherson in part to avoid giving the Biden administration a political win ahead of the midterm elections, according to four people familiar with the intelligence.
Senior Russian officials discussed the US midterms as a factor during deliberations about the withdrawal announcement, one person familiar with the intelligence said. Waiting until after the US election was always a “pre-planned condition” of Russia’s withdrawal from Kherson, a second person familiar with the intelligence told CNN.
Still, the election was far from the only consideration in Russia’s retreat, officials said. Military analysts say Russia had few other operational options and had been preparing to pull back for weeks, leading US officials to wonder when the Russians would officially acknowledge the withdrawal.
While the intelligence is not a formal assessment of Russia’s intentions, it is a sign that Russia has a continued interest in influencing the US political landscape — although the sources said Russia probably miscalculated the impact such an announcement would actually have on the elections.
“I doubt Americans would really have noticed,” said another source familiar with western intelligence.
President Joe Biden last week appeared to hint that the US believed that the timing of Russia’s announcement was more than mere coincidence.
“I find it interesting they waited until after the election to make that judgement, which we knew for some time they were going to be doing, and it’s evidence of the fact that they have some real problems – the Russian military,” Biden said at a press conference last Wednesday.

Carl Gustav Carus, Woman on the Balcony
I’m going to end with this shocking story from The New York Times about Iran: Stymied by Protests, Iran Unleashes Its Wrath on Its Youth.
One girl, a 14-year-old, was incarcerated in an adult prison alongside drug offenders. A 16-year-old boy had his nose broken in detention after a beating by security officers. A 13-year-old girl was physically attacked by plainclothes militia who raided her school.
A brutal crackdown by the authorities in Iran trying to halt protests calling for social freedom and political change that have convulsed the country for the past two months has exacted a terrible toll on the nation’s youth, according to lawyers in Iran and rights activists familiar with the cases.
Young people, including teenage girls and boys, have been at the center of the demonstrations and clashes with security forces on the streets and university campuses and at high schools. Iranian officials have said the average age of protesters is 15.
Some have been beaten and detained, others have been shot and killed on the streets, or beaten in the custody of security services, and the lives of countless others have been disrupted as the authorities raid schools in an effort to crack down on dissent.
The authorities are targeting thousands of minors, under the age of 18, for participating in the protests, according to interviews with two dozen people, including lawyers in Iran involved in cases and rights activists, as well as parents, relatives and teenagers living in the country. Rights groups say that at least 50 minors have been killed.
The lawyers and many of the individuals interviewed for this article asked not to be named for fear of retribution.
The targeting of young people comes amid a broader crackdown on protesters in which 14,000 people have been arrested, according to the United Nations. On Sunday, state media said an unidentified person had been sentenced to death for setting fire to a government building.
There’s much more at the link. Sorry to hit you with this horrifying story, but I thought it was urgent. What can the U.S. do about this? The U.N.?
Please share your thoughts and any other stories that interest you in the comment thread.











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