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Month: July 2022

Lindsey Graham says the Democrats are threats to democracy

… because they want majority rule

Josh Marshall:

This is true it took them 50 yrs. But it’s also the first time in history a party plotted to take over the Courts like this. There were 3 Dem appointees on the Court when it decided Roe. And one of those was one of the two dissenters. The Roe Court was dominated by Eisenhower and mostly Nixon appointees. Yes, lots of elections. But the first time in American history any party or movement tried to do such a thing. And when the election thing stopped working they started stealing seats.

The best you can say about the Republican capture of the Courts is that they stole it fair and square, to paraphrase TR. When it wasn’t stealing seats, it was winning elections with the fewest votes, i.e., exploiting the minoritarian quirks of the political system, which is to say to say building up a Court majority overwhelming made up of presidents who got elected without winning the popular vote.

What Graham is complaining about here is that Democrats want to put the whole thing before the peoples representatives with an up or down vote, ie majority rule. Graham is saying that’s not fair. The minority gets to say you can’t vote on it. The Courts power has always rested on the sufferance of political majorities.

The through line through this whole drama is that having captured the Courts through unprecedented political means Republicans like Graham now want to dove headlong onto the fainting couch when the other side wants to repair the damage by political means. And unlike the crafty efforts to steal seats, exploit the minoritarian quirks of the constitution, the remedy is the most foundational of democratic remedies, passing laws by majority vote.

Whether Democrats will be able to pull this off will come down to the results of the November election. Republicans like Graham are so deep in the world of partisan scheming and theft that a majority vote looks like the ultimate travesty. The simple reality is that the corrupt Court majority is the fruit of Republican corruption and the answer is majority rule.

Originally tweeted by Josh Marshall (@joshtpm) on July 1, 2022.

Liz in Cali

Reagan country is not Republican country anymore

Liz Cheney spoke to a zombie political party on Wednesday and got a rousing reception from California Republicans. You can imagine how her speech would be received in Iowa. … or Wyoming:

For Democrats this isn’t a matter of high blown “values.” It’s survival. But if she wants to explode the Trump cult that’s fine with me. Good luck with that.

Also, never forget this too. Cheney is a champion of democracy and deserves credit for putting her career on the line to defend it. But everything else? Not so much:

There was a debate in Wyoming last night. They couldn’t allow the public in because of all the death threats — to Liz Cheney.

The Resistance Revived?

Women wake up

A new poll finds a growing percentage of Americans calling out abortion or women’s rights as priorities for the government in the wake of the Supreme Court’s decision to overturn Roe v. Wade, especially among Democrats and those who support abortion access.

With midterm elections looming, President Joe Biden and Democrats will seek to capitalize on that shift.

[…]

[t]he new poll finds mentions of women’s rights are almost exclusively by those who think abortion should be legal.

According to the poll, the percentage of women prioritizing abortion or women’s rights was already higher in interviews conducted before the ruling than six months ago, 21% vs. 9% in December; it swelled to 37% in the days after. Mentions grew sharply among men, too, but the growth was concentrated in the wake of the ruling, from 6% in interviews conducted before to 21% after.

Lyle Gist said he wouldn’t have thought of abortion as a top priority a few years ago. The court decision to overturn Roe, though unsurprising, makes it a major issue.

“I think the ramifications of this are substantial,” said 36-year-old Gist of Los Angeles. Gist thinks that there will be ripple effects, including a “mass exodus” of people moving out of states with abortion bans.

In a small town in Louisiana in 1968, when abortion was illegal, Anne Jones carried a pregnancy to term and gave her daughter up for adoption. Jones, now 74 in Plano, Texas, worries about what the Republican Party might go after next — like birth control — and thinks it’s hypocritical that lawmakers like Texas Gov. Greg Abbott want to “hold the woman accountable for the child that she may not be able to afford to keep” even as they limit health and social services for women and children.

“Politics in Texas has taken a wrong turn,” she said. She wants to see abortion access made national law but remains skeptical that Biden and Democrats can do so.

The poll shows these issues have been increasingly important to Democrats, growing from just 3% in 2020 to 13% in 2021 and now 33%. In interviews before the ruling, 18% of Democrats mentioned abortion or women’s rights; that was 42% after.

Among Republicans, 11% identify abortion or women’s rights as a priority in the new poll, a modest increase from 5% who said that in December.

Steven Lefemine, who protests outside the Planned Parenthood in Columbia, South Carolina, called Roe’s reversal a “major benchmark” but said lawmakers needed to do much more, including pursuing a constitutional amendment to protect unborn children.

“I’d like to see legislation that lives up to God’s word,” he said.

Biden and Democrats have vowed to fight for abortion access, but they’ve struggled with how to act given crippling opposition from Republicans in a sharply divided Senate. Biden said to reporters on Thursday that he would support an exception to the filibuster rule to codify Roe into law.

Roderick Hinton, who voted for Biden, wants to see the president move on court reform, saying the court’s decisions “are not matching today’s time.” He was angry after the court overturned Roe — that the older generation is “putting the screws” to younger Americans, including his two daughters.

Biden commissioned a review of the Supreme Court after promising to do so on the campaign trail, a response to rhetoric within the Democratic Party about expanding the court following former President Donald Trump’s three conservative appointments. The report released last year exercised caution about proposals to expand the court or set term limits.

“Their lifetime position is really crazy,” Hinton said. “As neutral as the courts were, it’s now becoming political. Their personal beliefs are being put in place.”

The High Court takes a case to overturn democracy

Will John Eastman get the last laugh?

The 2021-2022 Supreme Court term will go down in infamy.

The right-wing majority behaved as if they were kids in a candy store, stuffing their faces with all their favorite goodies knowing there was no one who could stop them and no one who could hold them accountable for having done it. On gun rights, abortion, religion and the environment they took a wrecking ball to the court’s precedents and created bold new tests out of thin air. It was a breath-taking exercise of sheer institutional power — and they’re just getting started.

On the last day of the term, after handing down yet another shocking ruling (hamstringing the government’s ability to deal with climate change), they announced that they plan to take up one of the most hare-brained, right-wing assaults on democracy yet this fall — Moore vs Harper. Surprising even their most cynical critics, the Supreme Court agreed to take up the so-called “Independent State Legislature Doctrine,” a half-baked idea that sprang out of nowhere in the opinion written by Chief Justice William Rehnquist and signed by Justices Antonin Scalia and Clarence Thomas in Bush v. Gore. Rehnquist held that since Article II of the Constitution says that states are to appoint electors “in such Manner as the Legislature thereof may direct” a federal court can reverse a state court’s decision regarding state election law if it finds that that the state court disregarded the intent of the state legislature. Justice John Paul Stevens wrote a scathing dissent in response, accusing the opinion of displaying “an unstated lack of confidence in the impartiality and capacity of the state judges who would make the critical decisions if the vote count were to proceed.” He said it would “only lend credence to the most cynical appraisal of the work of judges throughout the land.”

Rehnquist’s novel idea was pretty much relegated to the ash heap of history except for some far-right judicial gadflies who were apparently chattering about it a Federalist Society cocktail parties for the past couple of decades. Until it reared its ugly head again before the 2020 election when Republicans started litigating their complaints about changes to the voting system due to the pandemic.

In a Wisconsin “shadow docket” case that was vacated by the full court, Justice Brett Kavanaugh weirdly inserted an irrelevant footnote referencing Rehnquist’s idea saying that “the text of the Constitution requires federal courts to ensure that state courts do not rewrite state election laws.” A few days later Justices Samuel Alito, Neil Gorsuch and Clarence Thomas filed a statement in a case in Pennsylvania suggesting that they also believe the Court must reverse a state supreme court that “squarely alters” election law enacted by a state legislature. So that makes four justices who have at least hinted that they are sympathetic to the idea that they are empowered to overrule state courts if they follow their own state constitutions in voting rights and procedures. In fact, it appears that all four are willing to overrule all state actors in favor of the legislature which they deem to be the only authority over election laws. Well, except, of course, for the Supreme Court which reserves for itself the final word.

What this means in practice is that Moore could potentially put an end to state laws designed to end partisan gerrymandering, including in places like California where they use independent commissions. Even more concerning, closely divided states in which the legislatures are dominated by Republicans with Democratic governors and Democratic majorities on the Supreme Court, could end up being totally at the mercy of state legislatures which could act with total impunity. Governors could not even exercise their normal veto power and the courts would be nothing but potted plants when it comes to elections. With partisan gerrymandering untouchable, those Republican majorities would pretty much be permanent.

J. Michael Luttig, an ultra-conservative former jurist, highly respected among Federalist Society types like the Supreme Court majority, sounded the alarm months ago, calling the Republican attempts to overturn the election in 2020 a “dry run for 2024.” He specifically mentions the Supreme Court’s apparent interest in the Independent State Legislature Doctrine and his analysis of the probable outcome in Moore tracks with other court observers: The three liberals will reject it along with Chief Justice John Roberts while Alito, Gorsuch, Thomas and Kavanaugh are all onboard. Only Amy Coney Barrett’s vote is unknown and she’s firmly an “originalist” which this court uses as a catch-all rationale for whatever partisan outcome they desire.

Luttig made plain what needs to be done:

Trump and the Republicans can only be stopped from stealing the 2024 election at this point if the Supreme Court rejects the independent state legislature doctrine (thus allowing state court enforcement of state constitutional limitations on legislatively enacted election rules and elector appointments) and Congress amends the Electoral Count Act to constrain Congress’ own power to reject state electoral votes and decide the presidency.

It’s possible they’ll be able to do the latter but after what we’ve seen this term it will be a shock if the court does not let loose the hounds of hell on our electoral system by empowering far right, super-gerrymandered legislatures to create election “rules” in federal elections that could conceivably overturn the vote of the majority. That is, after all, what Trump and his legal henchmen were pressuring state officials to do in 2020. Is there any question that they will do it in the future once they have the imprimatur of the Supreme Court?

As a political institution, the Republican Party no longer has any commitment to basic democratic principles. And from what we saw this term, it’s clear that as a legal institution the Supreme Court is no longer committed to them either. This case could literally spell the end of democracy as we’ve known it. ‘

Salon

Working around democracy

If Republicans can’t win at the polls, well….

Rep. Chris Murphy gets it.

If you are not following David Pepper’s “white board” talks on Twitter, please do. And please pay attention to your down-ballot races.

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Request a copy of For The Win, 4th Edition, my free, countywide get-out-the-vote planning guide for county committees at ForTheWin.us.

Citizenship “on the same terms”

Not there yet, nor anywhere close

Greeting voters at the polls, sharing sample ballots and stories about candidates, thanking voters for participating regardless of affiliation, is joyful work. Planning and assembing the mechanisms behind that and seeing them set in motion is highly satisfying. The 5 a.m. dark and chill on Election Day is envigorating. Knowing regular poll workers will only give up their jobs effecting democracy when carried out feet first is truly inspirational.

When a candidate chalks up a big win, others cheer, hug, and high-five. I grow quiet. I want to savor the moment and take pride in a job well done.

Is that patriotism?

Jedediah Britton-Purdy believes Democrats need more of it. Polls suggest Democrats and Republicans view patriotism differently (New York Times):

But progressives need patriotism, more than ever in a time of understandable anger and despair. We want to make the world better by our lights, and to do that we need a stronger democracy. Patriotism in the right spirit fosters the civic trust and solidarity that democracy needs.

Patriotism shouldn’t be an excuse for glossing over failures and crimes — just the opposite. It adds responsibilities, even sorrows, to our lives. But it also fosters affection and, yes, pride.

A certain kind of progressive activist sees mostly failure. Every victory is incomplete, every bill flawed, every politician a betrayer, every glass half empty. It’s exhausting.

Lyndon Johnson and Martin Luther King saw the country’s shortcomings as opportunities for America to “rise up and live out the true meaning of its creed.”

This version of patriotism links criticism of our country’s failings with a commitment to changing them. It cleaves to principles of freedom and equality because they are right, and also because they are ours, they are us. It addresses America’s worst aspects, not as enemies to be eliminated (as in our many domestic “wars” on this or that) but as we would approach a friend or family member who had lost their way. In this spirit, even the harshest reproach, the most relentless list of wrongs, comes with a commitment to repair and heal, to build a more just and decent country. It also entails a practical faith: As long as change might be possible, we owe it to one another to try.

For Johnson and King, Britton-Purdy writes, “Patriotism was a practical task: to appreciate and preserve what is good, work to change what is bad, and remember that part of what is good in a country is that citizens can change it.”  

But some among us would rather paint over the flaws than, in evangelical terms (and many are evangelicals), repent and commit to doing and being better. Power for power’s sake is seductive. Always has been. Because “democracy is power, and power is scary and dangerous,” Britton-Purdy explains, “peaceful political change is much harder among people who fear and mistrust one another, and who feel it intolerable for the other side to hold power.”

This is our dilemma. We need basic change, but cannot tolerate making it alongside fellow citizens who are also our partisan enemies. Yet we also cannot make it without them. We need one another’s support, maybe, and one another’s consent and cooperation, absolutely.

Patriotism softens the dilemma. It gives assurance that anger and criticism have affection and loyalty behind them. It conveys what Walt Whitman presented as the democratic promise: “I will accept nothing which all cannot have their counterpart of on the same terms.”

There is more to the essay. Read it here.

Rep. Liz Cheney of Wyoming holds views on many issues that are wrong-headed, in my view. But give her credit for taking a stand and, potentially, sacrificing her political career to preserve the principle that we are a nation of freee people, a nation of laws and not of men. And certainly not of men driven by insatiable hunger for power, and of those of weak character who would follow them blindly and deny citizenship “on the same terms” to those with whom they disagree.

In a speech this week at the Reagan Library, Cheney acknowledged, “We stand at the edge of an abyss and we must pull back. We must pull back.”

“One of my Democratic colleagues said to me recently that he looked forward to the day when he and I can disagree again,” she continued. “Believe me, I share that sentiment.”

As do I.

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Request a copy of For The Win, 4th Edition, my free, countywide get-out-the-vote planning guide for county committees at ForTheWin.us.