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Defending democracy

More strange bedfellows

MSNBC’s “Deadline White House” on Tuesday featured a long segment with members of Operation Saving Democracy. Led by Lt. Col. Amy McGrath (USMC, ret.), the group boasts “almost 600 retired Generals, Admirals, Ambassadors, cabinet and service secretaries, appointed leaders, elected officials, and Senior Executive Service leaders have come together at this time of significant threat to the essential tenets of our Democratic institutions and values.” Joining McGrath were Adm. Steve Abbot (USN, ret.) and Rear Adm. Michael Smith (USN, ret.)

The group believes “The extreme far-right authoritarian ideology that has taken hold in the GOP is an attack on democracy itself.” They hope their credentials and numbers will make an impression on the Trump cult, or else help mobilize ordinary Americans against the domestic terror threat Trumpism poses.

“Donald Trump is an existential threat to democracy,” Abbot states into the camera.

“Donald Trump” is a collective noun here, shorthand for a deeper problem.

What were we just saying about strange bedfellows?

Here’s another bipartisan group (albeit less illustrious) out to save the country from that existential threat. Led by former Biden speechwriter, Mathew Littman, and including former Georgia Democratic congressional candidate Marcus Flowers, former Republican congressman Joe Walsh, and former Trump press secretary Stephanie Grisham, Mission: Democracy is more blunt about calling fascism fascism:

Our mission is to educate all Americans about the dangers posed by MAGA fascism and to encourage them to use our democratic process to help diminish the MAGA influence in our government.

Their ad is more over the top, beginning with a staged book burning:

Despite viral video of two Missouri Republican state senators with flamethrowers setting fire to “books” to chants of “Let’s go, Brandon,” Snopes reports that what the pair claim to have incinerated with their flamethrowers was “pile of empty boxes meant to represent what they described to as ‘woke,’ ‘liberal,’ or ‘leftist’ policies.”

Sure, and the mock gallows erected in front the U.S. Capitol on Jan. 6 and crowd chants of “Hang Mike Pence!” were metaphorical too, like the dead and wounded that day. This is where Ann Coulter once tossed her hair, rolled her eyes, and sighed, “It was just a joke.”

Coulter recently called Trump a “gigantic p—y” after he referred to the conservative commentator as a “has-been” and a “stone cold loser.”

Actually, the appearance of all these strange bedfellows gives me more hope than I’ve had the last few weeks.

As for the flamethrower duo, someone on formerly Twitter captioned their pyro performance video, “Peaked in high school.”

Start playing offense

Stay on message

How they do it,” Digby’s post and comments on “Tough Love For the Democrats” from Rick Wilson’s substack, blew up my Mastodon feed last night. Quite a fewf people agree it’s time for Democrats to stop farting around and treat the fight with MAGA as what it is: a fight.

Wilson shares the GOP’s two rules:

Rule 1: Just win, baby.

Rule 2: Stay on message.

Chuck your “almost religious belief that policy wins elections,” Wilson advises. Quit trying to win on fact-checking. This is a bare-knuckles brawl. Wilson credits Joe Biden for declaring MAGA Republicans a threat in 2022, that what was at stake is democracy and liberty. It still is. Next year’s elections are about “whether the American government is a tool for opportunity or one of oppression.”

“Get on and stay on this message, Democrats,” Wilson insists. Biden has gotten results. The former Republican consultant names Biden “arguably the most successful Democratic President since FDR, taken in total.”

A friend with Clinton White House experience concurs. Clinton came into office with an ambitious agenda and large margins in the House and Senate. In his first two years, Clinton “got one big budget bill through, and a NAFTA bill the Republicans and Big Business liked a lot more than working people and Democrats.” (That’s for sure.) But then things went to hell.

Obama had a decent first two years as well, Mike Lux continues:

When a youthful Barack Obama swept into power with huge margins in both houses of Congress, he had an ambitious agenda as well. Obama did get the Affordable Care Act passed (which was indeed “a big effing deal”) and the Dodd-Frank bill tightened up some Wall Street regulations in the aftermath of the 2008 financial collapse, but everything else on his agenda fell by the wayside as Republicans crushed Democrats in the 2010 election, controlling Congress for the rest of Obama’s presidency.

Joe Biden entered the White House with big ambitions, too. The moment he entered was even more perilous than the financial crisis Obama faced. Like Obama and Clinton, he had a trifecta, but his Congress was the most closely divided in modern history — a 50/50 Senate with Vice-President Harris breaking the tie, and a four seat margin in the House.

But because of his age and experience, Joe Biden had far more success in getting things done than any president in modern history. After two years in office, President Biden’s legislative and executive action track record engendered a debate among historians: was it the most sweeping and transformative administration in 60 years or in 90?

Let’s check the box scores:

Joe Biden and the Democratic trifecta got more than 80% of Americans immunized from COVID despite the worst public health disinformation campaign ever. They revived our economy from the depths of the COVID recession faster than any other major country, got Americans much needed money to keep them going in the hardest times, and saved state and local governments from having to make massive cuts in police, fire, and desperately needed public services. They delivered the first gun safety bill in over 30 years. They delivered the biggest infrastructure bill since the interstate highway system was built in the 1950s. They revitalized American manufacturing with Buy in America policies, the CHIPs Act, and the Inflation Reduction Act. They passed legislation to force Big Pharma to negotiate on drug prices and bring the cost of insulin down right away. They made the biggest investment any country has ever made in clean energy.

The four trillion dollars in investments in the American economy and American people will transform the economy for generations to come.

Pundits who take the “Biden’s too old” bait deserve ridicule, Wilson believes. “Trump is just as old, much less fit, and a proven threat to the nation’s future. Start playing offense on this message, Democrats.”

And Lux? “In terms of the great things he got done, [Biden] kicked the ass of every other president in modern times.”

Saving democracy from autocratic movements has in other times and in other countries required strange-bedfellow coalitions, Steven Levitsky and Daniel Ziblatt write in “Tyranny of the Minority.” Republican Reps. Liz Cheney and Adam Kinzinger sacrificed their political careers to join with Democrats on the January 6th Committee. Should our republic survive its current crisis, no doubt our political disagreements with anti-Trump Republicans like them and members of The Lincoln Project will resurface. Until then, welcome to the party, pals.

Republicans in disarray

STEVE BANNON (HOST): Comer announced that this joint effort, you know, Oversight with Judiciary, this, you know, moving towards the impeachment of Biden, that they’re going to meet next week, and they’re going to subpoena the bank records, so that will be September – be the last couple of days of September, almost October, October 2023.

They’re going to go subpoena the bank records of Hunter Biden, something they should have done in the first week. And this is why it’s a clown show, and they’re not serious. It’s all performative. Unless you’re on them 24/7, and I mean, on them. Up in their grill. Nothing will happen. They don’t want to do anything. This is the same surrender caucus. The reason the country is in the shape it’s in, is because the Republican Party under Bush and under these clowns have rolled over and been part of the problem, while lulling you to sleep over TV for stupid people.

Seriously. And they make a big deal about it. We are going to subpoena. Hunter Biden’s bank records. Dude, that should have happened the first day for drama. You should have, you should have gaveled in and subpoenaed him the first day.

In MAGA land, everyone’s a RINO. Lol.

The truth is that Bannon knows this thing is a loser and he’s just getting ahead of that failure by going on record saying they just aren’t doing it right.

How they do it

Former GOP strategist Rick Wilson writes about how the Republicans get over. Normally, I would say that they haven’t got the greatest track record in presidential races over the past 30 years so why listen to them? But with the imbecilic, narcissistic, pathological liar Donald Trump’s inexplicable popularity I think it’s probably a good idea to at least consider some of their tactics:

Republican political operators are raised on two rules.

Just two.

Rule 1: Just win, baby.

Rule 2: Stay on message.

If you have doubts about either of the rules, refer to the other rule.

Just Win

The “Just win” rule is precisely what it sounds like; victory is the only goal, and everything else is noise and distraction. “Just Win” is the rule that leads Democrats to wonder repeatedly why garbage-tier GOP candidates win in states and seats in which they should be competitive. It’s the reason the GOP will defend the indefensible until the last dog dies, whether policy or politician.

It’s why the shamelessness of the GOP political class, of which I was once a successful and very well-compensated member, is their superpower. It’s why they’re so quick to embrace a kind of Ohm’s Law of ugly politics: take the path of least resistance to victory, even if it’s corrosive to the nation, our institutions, and the national character. (With only a handful of exceptions, the consultant class of the GOP loathes Trump with the fire of a million suns, but the winning is so, so profitable, and the rewards of power are so rich that they’ll play along as long as he draws breath into his carcass.)

“Just win” means when it comes to lies, conspiracy, and holding a pillow over the faces of the better angels of our nature until they stop moving, they’re all-in.

Democrats just can’t get to “just win.” They want to argue and persuade on policy, not personality and character. They want voters to be enlightened and engaged about the election with the glittery promise of 600-page legislative action plans and slide decks.

It’s a sweet, if Panglossian, view of the American electorate. The Democrats are, as Bob Cesca tweeted this week, “We’re in this dangerously awkward place 1) where fascism is one election away, and 2) where regular voters don’t want to hear that fascism is one election away.”

The “Just Win” approach to this moment will require Democrats to universally drive the Biden record on the economy and foreign policy. Still, it will also demand amping up the loathing of Trump and Trumpism and telling the American people the horrors that await in the second Trump era.

I know you want to win on policy, but “want” and “need” are always miles apart. You need to win on making this a contest of good versus evil, freedom versus fascism, and America’s future versus Donald Trump and the darkness that follows.

This race will be hideous. Dirty. Demeaning. Grotesque. If you’re unwilling to draw political blood and to go as low and cut as deep as the other side, Trump wins. I wish I could tell you a prettier story about light and love, but this race will make 2016 and 2020 look like a quiet round of whist.

The second rule is more important by far.

Stay On Message

“Stay on message” reflects two big character traits of the GOP: a belief in hierarchy and a belief in consistency of message at every level of the political and media apparatus. (Spoiler: for the MAGA GOP, there is very little difference between the two divisions. The political and media space are wedded and interdependent.)

If the Democratic party, its assorted power centers, interest groups, allies, friends, noisemakers, and donors don’t get on a set of clear, unified messages on three significant areas, there’s trouble ahead. In that case, they’re handing this election to Donald Trump.

Make The Stakes Clear

Democratic party grandees in early 2022 told us the race would be about prescription drug prices and inflation. Still living in the issues-driven past, they took whatever vomitus the latest focus group emitted and ran with it. To his credit, Biden was clear about the stakes: he declared early that 2022 was about democracy and liberty.

Get on and stay on this message, Democrats.

This race is about the nation’s future and, not to put too fine a point on it, the world. Nothing about Joe Biden’s tenure has been more salutatory than his willingness to speak the truth about the consequences of failure, the survival of the American Republic, and small-d democratic principles. Why can’t national Democrats lock in on this simple message?

The enemy of this clear message is policy. Democrats have an almost religious belief that policy wins elections, and the various constituency groups want their slice of the pie; they want the election to be about their pet issue, be it abortion, gun control, climate change, LGBTQ rights, or other matters about which they’re most passionate.

But it’s not.

It’s about democracy, individual liberty, and whether the American government is a tool for opportunity or one of oppression.

Trump represents a terrifying future, and he articulates it constantly. The MAGA GOP always tells you the horrors they intend.

Democrats must drive a message of liberty versus authoritarianism and hatred at every level. If Trump wins again, Democrats can expect historic reverses at every conceivable level. The rest is all elite self-indulgence and drawing-room political noise.

Spectacle or Success

Trump and the MAGA GOP are the masters of political spectacle in every dimension. They have both intent and a media ecosystem to spread chaos and disinformation. It’s why impeachment, Hunter Biden’s laptop, imaginary immigrant caravans, Chy-na, Antifa, the World Economic Forum, drag queen story hour, and the rest of their catalog of imaginary demons will be front and center in the election.

In the words of their movement’s infamous and scabrous intellectual leader, Steve Bannon, this kind of spectacle aims to “flood the zone with shit.” And it does.

The temptation is to try to rebut all of the insanity, absurdity, and political trash piecemeal, to hit back with facts and data.

Stop. That’s the box canyon into which they’re trying to herd the pro-democracy side of the 2024 election.

Instead, get on the positive Biden record and ride it hard. This isn’t about policy; it’s about tangible results. The CHIPs Act, Inflation Reduction, and the Infrastructure Bill were all tangible wins for American workers, not Trumpian vaporware.

There’s a lot to love and more than I will include in this essay, which is already overlong. On the economy, foreign policy, democracy, leadership, and humanity, Joe Biden is a better man and a better candidate than Trump.

A unified uplift on messaging on the economy’s strength and the tough-as-nails Biden foreign policy viz both Russia and China can allow the Biden record to be framed as…and for my Democratic friends, you might want to sit down before reading this next bit…Reaganesque.

Don’t swoon. Reagan’s age was an issue going into 1984. His policies were beginning an economic and foreign policy impact, but it was a mixed picture, to say the least.

Republicans declared Reagan to be the second coming and a free basket of fries. They locked arms and declared Morning in America. It worked. It blocked Walter Mondale’s message of nuanced critiques of policy impacts with a big, smiling vision of optimism.

Joe Biden needs his allies to be unified in praise of his record. It has, almost uniquely in American politics, the advantage of being true.

Biden’s Age

I’m unsure if you heard this, but Joe Biden is old. He’s old as hell. He’s a gaffer. A codger. Older than the hills. He’s so old he remembers the party after the signing of the Treaty of Utrecht.

Great. Fine. Now, stop it. Biden is arguably the most successful Democratic President since FDR, taken in total.

Every Democrat seems to want to spear Biden over his age, and in the flood of stories in the mainstream media, the concern trolling from Biden’s ostensible allies boggles the mind. Some want to be the Democratic nominee for President in 2024. Some want to get a cheap media hit. Some want to take out Harris (a longer, more complex, and ugly story) and be the Fresh Young Thing in the Vice Presidential role for 2024.

There’s the party difference: not one prominent GOP elected official or talking head spends even 15 seconds talking about Trump’s obesity, his fast-food diet, his roaring mendacity, verbal tics, constant malapropisms, hissing intakes of breath, evident paranoia and fabulism, and raging criminality.

Here’s the counter-message: Trump is just as old, much less fit, and a proven threat to the nation’s future. Start playing offense on this message, Democrats.

It’s a choice of Old versus Evil.

Take Old every time.

Agree with this. Also — Trump is a criminal defendant in 4 different trials which means that if he is elected again we will likely have a convicted felon in the White House, one announced his candidacy by saying “I am your Retribution.” Sounds good right?

I wouldn’t care if Biden had one foot in the grave and Kamala Harris was a potted plant, I would crawl on hot coals to prevent that fascist imbecile and his henchmen from ever holding power again. Every sane American should understand those stakes and do the same thing.

QOTD

This is so depressing, and a major media failure. Devastatingly dangerous.

They’re all liars

By the way:

New testimony from a number of FBI and Internal Revenue Service officials casts doubt on key claims from an IRS whistleblower who alleges there was political interference in the federal criminal investigation of Hunter Biden’s taxes.

According to transcripts provided to CNN, several FBI and IRS officials brought in for closed-door testimony by House Republicans in recent days said they don’t remember US Attorney David Weiss saying that he lacked the authority to decide whether to bring charges against the president’s son, or that Weiss said he had been denied a request for special counsel status.

Those twin claims, made by IRS whistleblower Gary Shapley, form the basis of Republican accusations that the Justice Department’s investigation into Biden’s taxes was tainted by political influence and that Weiss and Attorney General Merrick Garland tried to protect Hunter Biden in the investigation.

The new testimony comes as House Republicans begin an impeachment inquiry into President Joe Biden and his family, potentially undercutting one element of that effort.

At issue is an October 2022 meeting between prosecutors and case agents working on the Hunter Biden investigation. Shapley alleges that during that meeting, Weiss, the then-US attorney for Delaware, told participants that he was “not the deciding person” on whether Hunter Biden was charged, according to Shapley’s notes from the meeting. House Republicans have taken that to mean Weiss was not in charge of his own investigation, and was deferring to a higher authority.

In addition to Shapley and Weiss, there were five others in that meeting, three of whom have recently testified to the Republican-led congressional committees now spearheading the impeachment inquiry.

Marcy Wheeler has looked closely at Shapley’s notes (they are public) and they are not as clear as they are being portrayed. He may have misinterpreted or misremembered what was actually said in that meeting but his own notes do not back up what is being said.

This is the sort of arcana featured in all these right wing pseudo-scandals from Whitewater to Benghazi and they almost always feature a whistleblower of some sort who is either full of shit or totally manipulated. I think that’s what we have here. Wheeler doesn’t suggest that Shapley is lying only that he heard something incorrectly and that his notes actually bear that out.

MyKevin is the problem

Michelle Cottle is right about this:

The dysfunctional dance taking place in the House between Speaker Kevin McCarthy and his right flank has driven me to consider something I never imagined possible: that Matt Gaetz is right.

A House speaker can be successful only with the confidence of the members who put him or her in charge, when he or she can follow through on promises made and concessions extracted. Indeed, there may be no job in American government that calls for crackerjack deal-making skills more than that of speaker: so many egos, alliances and grievances to manage to keep things moving.

Mr. McCarthy, in his desperate pursuit of the speakership last winter, ran around making promises willy-nilly to the House’s small band of right-wingers, and he will now rise and fall on how he handles those commitments and expectations. So far, things are not looking good for Kev — and, by extension, for a functional Congress.

Miffed at the speaker’s handling of the spending fight, the right’s hard-liners have been threatening to oust him, shut down the government or both. His attempt to placate them by announcing an impeachment investigation into President Biden went over poorly, prompting multiple Freedom Caucusers to scold him for trying to buy them off. Mr. Gaetz, the Florida congressman and frontman for the rebels who temporarily blocked Mr. McCarthy’s speakership in January, dismissed the move as a disingenuous “baby step,” accused him of being “out of compliance” with his commitments to hard-liners and threatened to force daily votes to vacate the chair — that is, depose him. All of which apparently sent Mr. McCarthy into a profanity laced tirade at a closed-door conference meeting on Thursday that, according to multiple attendees, boiled down to (and here I’ve tidied it up to be family friendly): If you want to file a motion to vacate, file the flipping motion!

The speaker is clearly fed up with being bullied by his radicals. But here’s the thing. Gaetz & Company have a point: Mr. McCarthy is out of compliance with several of his promises — or at least several they claim he made. (That’s the problem with secret back-room deals.) So if the rabble-rousers want to be taken seriously going forward, they need to stop all the chest-thumping. It’s time to step up and file the flipping motion.

[…]

The extremists are easy to denounce, especially with their tendency to act out like unruly teens — or Lauren Boebert at “Beetlejuice.” But they are not to blame for the chaos consuming the House. It is Mr. McCarthy who led them to believe he would champion their policies and priorities. And it is Mr. McCarthy who elevated their influence in the conference, empowering them to wreak even greater havoc. Of course they are going to make more and more outrageous demands. That’s what they do.

Some of what Mr. McCarthy committed to was beyond his power to deliver. Take the ongoing showdown over government funding. He pledged to try to cap discretionary spending at 2022 levels or lower. But with the Democrats in control of the Senate and the White House, that is a non-starter. Worse, Mr. McCarthy effectively gave the hard-liners license to play chicken with the debt ceiling. Small wonder they were brassed off when he cut a debt deal with the Democrats in May.

Maybe the key word for Mr. McCarthy in these promises was “try.” Maybe he figured that, as long as he let the rebels take their best shot, they would cut him slack even if they failed to carry the day. If so, their outraged, burn-it-all-down reaction to the debt agreement should have disabused everyone of that notion. At that point, Mr. McCarthy really should have started adjusting his strategy — and the hard-liners’ expectations — accordingly. Instead, he doubled down on coddling them, encouraging them to plow ahead with fantasy spending cuts. The latest proposal for a stopgap bill to keep the government running through October, which the chamber’s G.O.P. leadership put forward on Sunday, was being savaged by around a dozen House Republicans on Monday, dimming its prospects for passage.

Other McCarthy promises involved bits of partisan theater. Mr. Gaetz says the rebels were guaranteed a vote on term limits, something Mr. McCarthy presumably could have arranged time for in the past eight months. But he didn’t. Because he doesn’t give a fig about the radicals’ priorities. He just aims to keep them calm enough for him to keep his gavel.

Am I rooting for the hard-liners to get their way on policy matters such as … well, anything? Good Lord, no. Their revanchist vision for America is not one that I — or a majority of voters for that matter — share. But I get their frustration and anger. Mr. McCarthy created and unleashed this right-wing monster to serve his own ambitions. And yet somehow he seems flummoxed that it is now smashing up things and demanding its due.

Of course, there are practical reasons Gaetz et al. might opt not to boot the speaker. For all their bluster, he may be the best they can hope for. He won’t get them everything they want, but he is willing to be their dancing monkey in plenty of situations. At the same time, he gives the conference enough of a sheen of establishment respectability to retain the support of its non-wingers and to not terrify more moderate voters. Arguably few other House Republicans could or would toe this degrading line.

This speaker is often said to have made a deal with the devil. But the conference’s hard-liners have made one with a cynical, inconstant opportunist. They clearly suspect their slippery chief never intended to deliver on a whole host of stuff they care about, just as they know deep down that an individual so hollow is fundamentally untrustworthy. But until someone is willing to break this stalemate, we are all stuck with their twisted, codependent relationship.

They want to vacate the chair so badly they can taste it. But the bit question remains: who wants that thankless job?

Contrasts

https://x.com/atrupar/status/1704140636738244767?s=20

Update: Let’s not forget this winner…

Fight back better

PA institutes automatic voter registration

Pennsylvania Gov. Josh Shapiro (D) announced this morning that “eligible voters getting a new driver’s license or ID card in Pennsylvania will now be automatically registered to vote,” reports NBC News.

Shapiro’s office issued a statement:

“Pennsylvania is the birthplace of our democracy, and as Governor, I’m committed to ensuring free and fair elections that allow every eligible voter to make their voice heard,” said Governor Josh Shapiro. “Automatic voter registration is a commonsense step to ensure election security and save Pennsylvanians time and tax dollars. Residents of our Commonwealth already provide proof of identity, residency, age, and citizenship at the DMV – all the information required to register to vote — so it makes good sense to streamline that process with voter registration. My Administration will keep taking innovative actions like this one to make government work better and more efficiently for all Pennsylvanians.”

The howls you hear outside belong to opponents of universal suffrage who believe the goal is to “bloat” voter rolls to boost Democratic turnout. Shapiro campaigned on implementing automatic voter registration (AVR).

The Washington Post’s Greg Sargent adds:

An underappreciated success story, it has been put into effect in two dozen states, mostly by Democrats. It typically works by automatically registering customers at state Department of Motor Vehicles offices (or other agencies) or by automatically extending them that option, while offering an opt-out alternative.

[…]

By keeping a registration process in place while removing the need to affirmatively initiate it, studies show, AVR encourages democratic participation. AVR also tends to make voter rolls more accurate and more up to date.

Despite the right’s insistence that voter roll accuracy is critical to “election integrity,” GOP-led states are exiting the Electronic Registration Information Center (ERIC), the voter roll maintenance consortium, under pressure from the usual assortment of conspiracy theorists and election deniers. Election integrity is a right-wing marketing slogan for disguising efforts to undermine popular sovereignty.

Sargent continues:

Republicans at the state level have been gerrymandering, restricting ballot access and manipulating the rules of political competition for decades. But Trump has exacerbated these tendencies: Right now, Republicans in numerous states are responding to recent election losses by supercharging anti-democratic, anti-majoritarian tactics — even though evidence is mounting that people are growing accustomed to voting in defense of democracy.

That is encouraging at a time when democracy is under constant attack.

Not to rain on anyone’s parade, but a caveat about AVR. As part of an ongoing outreach effort to my local Hispanic/Latino community (designated HL in the state voter file), I surveyed multiple county precincts with concentrations of HL registrants.

Of the HL voters 45 and under, some unscientific observations. Note bolded section:

  • About 60% of HL registrants 45 and under are registered unaffiliated.
  • Only 9% report being born outside the U.S.; for another 18% birth_state is left blank.
  • 35% of voters vote irregularly; women more than men by 3 to 2. (Many are presidential-year-only voters.)
  • Of the nearly one-quarter (22%) of registrants who vote consistently, women outperform men by 2 to 1.
  • Women and men who register but never vote (30%) do so about equally.

A local elections official suspects many of the non-voters register as an afterthought when prompted during a visit to the DMV or a social services agency, then forget about it. Registering them automatically could be even more invisible (depending on the style of AVR), even if citizens receive registration cards in the mail.

As the AVR study notes, while AVR “ultimately has a net positive effect on turnout,” new registrants “have a somewhat lower propensity to vote.”

Automatic registration is no panacea for boosting election participation. Outreach and voter engagement is key, especially since campaigns typically prioritize outreach to registrants with solid voting track records (the low-hanging fruit). What my limited survey in one population suggests is that many lower propensity registrants may not even remember they are registered by election time. They’ll need encouraging no matter their track record.

A stake through the heart of the VRA

Is Kavanaugh standing back and standing by?

The GOP loves a twofer, or even a threefer. Political maneuvering some might call strategic might less flatteringly be called sneaky or outright dishonest. Diabolical is not out of the running.

Donald Trump withholds final payments to subcontractors, for example, just enough that court costs make it a losing proposition for a subcontractor to take him to court to recover what he owes. Or Trump plays delay, delay, delay when he finds himself in court holding a losing hand.

Gerrymandering cases are another example. GOP legislatures draw district maps patently illegal under the Voting Rights Act (VRA). Democrats and aligned groups take them to court, win, and judges orders new maps. Then GOP legislators draw a second set of unacceptably gerrymandered maps, and the exasperated court appoints a special master to draw them instead. It happened in North Carolina. Or the GOP-led legislature might simply defy the courts until there is no time left before the next election to implement new maps. Something like what happened in Ohio.

Or in the case of Alabama, that maneuver is where dark money meets hidden agenda.

The Alabama Political Reporter (APR) offers a “twofer” explanation for Alabama Republicans’ defying a U.S. Supreme Court ruling in Allen v. Milligan that Alabama draw a second majority Black congressional district. Leonard Leo, the “hidden architect of the Supreme Court,” is allegedly involved:

APR’s reporting shows the extent to which Alabama’s calculation to defy the Supreme Court was made not simply by state legislators in Alabama but has been driven by nationally connected political operatives at the center of the well-documented right-wing effort to reshape the composition and jurisprudence of the Supreme Court and to overturn the remaining key protections established by the 1965 Voting Rights Act. 

[…]

As APR reported on July 27, Alabama lawmakers working in conjunction with state Attorney General Steve Marshall’s office and Washington D.C. lawyers had “intelligence” that Supreme Court Associate Justice Brett Kavanaugh — who voted with the majority in Milligan just weeks ago to order the new maps under the statutory language — is open to rehearing the case as a constitutional challenge to the validity of Section 2 of the Voting Rights Act. 

The Alabama government’s briefs before the three-judge panel in September referenced a concurring opinion by Kavanaugh that questioned whether “race-based redistricting” can “extend indefinitely into the future.” Alabama further relied on arguments — also rejected by the U.S. District Court — that a subsequent U.S. Supreme Court decision this same term ending affirmative action in college admissions (called Students for Fair Admissions v. Harvard ) compels the Court to find that a state’s use of a map in which “race predominates” now violates the 14th Amendment’s guarantee of equal protection. As in Milligan, Kavanaugh filed a concurrence in Students for Fair Admissions, emphasizing the potential for time limits on race-related policies. 

Having gutted Section 5 (pre-clearance) in Shelby (2013), the right is now gunning for Section 2 (ban on discrimination on the basis of race, color or minority status).

APR’s Bill Britt writes, “The tangled web of previously unreported ties centers around Marshall, Alabama Solicitor General Edmond LaCour — dubbed “the architect behind Alabama’s voting rights defiance” — and the D.C.-area law firm Consovoy McCarthy, the firm founded by William Consovoy, a now-deceased former clerk to Justice Clarence Thomas who represented Shelby County in Shelby County v. Holder.” He maps out a web of connections between LaCour and his wife, the D.C. law firm, Leo, “the Catholic far-right,” and Kavanaugh.

Joan McCarter at Daily Kos cautions:

None of this proves that Kavanaugh is involved in the effort to allow Alabama’s racist gerrymander and effectively gut the Voting Rights Act; that’s resting on that supposed “intelligence” that Alabama Political Reporter sources assert. What is clear is that strands of Leo’s web of dark money are at work here, with the goal of eradicating the scraps of the VRA that still exist. There’s no denying that Kavanaugh owes his lifetime appointment on the court to that network.

Alabama joined forces with Leo’s team to file this as an emergency petition, one that’s decided on the shadow docket. They want the Supreme Court to blow up the VRA behind closed doors—again.

MSNBC’s “The ReidOut” interviewed Britt Monday night.

What has long been clear is that “an authoritarian minority,” its political and cultural preeminence threatened by an expanding multicultural, secularizing society, is bent on preventing further slippage in its role as apex dominator. However many thumbs it must apply to the scales of fairness, so be it.