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Digby's Hullabaloo Posts

A Good Guy

The contrast between both of these people and that Orange Monster is just so profound.

Tracking Your Periods

Did you know about this? It’s outrageous. But I think they’re quite serious. Or at least JD Vance is, and there is a very good reason to believe he will be president if they win the election in November, either in the next term if Trump finally collapses or the one beyond. (If you think elections will still be operative at that point you’re dreaming.)

Josh Marshall has the story:

This spring, HHS finalized new regulations under HIPAA to limit law enforcement access to medical records tied to reproductive health. The rule was first proposed in the aftermath of the Dobbs decision as a way to limit the ability of state and local law enforcement agencies to access medical records to stymie or criminalize access to legal reproductive health services, most specifically abortions, but not only abortions. It also applies to contraception and the full range of other endangered reproductive care.

So for instance, consider the ability of a woman from an abortion-ban state to travel to another state to get a legal abortion, or her ability to receive legal abortion drugs through the mail. The news has been filled with proposed or actual laws which would attempt to restrict travel to receive abortions in other states, charge those who travel or criminalize those who might facilitate such travel or facilitate the legal shipment of prescribed abortion drugs through the mail. Of course, local police agencies might simply take it upon themselves to pull records to see who had unexplained disruptions to their menstrual cycles.

Your local sheriff might just want to know.

And so does JD Vance, it turns out.

But to enforce these laws or know when there’s something to enforce you really need access to medical records. You need to know and be able to prove when a woman was pregnant and then, before the end of normal gestation, stopped being pregnant. So if you live in Texas and you’re pregnant, can you go to your OB-GYN or will that be held against you if you’re found to have ceased being pregnant after a visit to Kansas? Does your OB have to report you to law enforcement if they believe there’s a real and present risk that you’ll go out of state to get an abortion or seek a prescription from an out of state doctor for mifepristone? And what about contraception, which some states are now also making moves to limit? Or how about IVF? This was the context of the HHS rule which was proposed in spring of 2023 and came into effect this spring. It applies to all of those questions.

Now when this rule was first proposed back in 2023, a group of 28 members of Congress wrote to HHS Secretary Xavier Becerra demanding he withdraw the proposed rule “immediately.” (I was reminded of this letter when I saw this write up this morning.) They argued that the proposed rule “unlawfully thwarts the enforcement of compassionate laws” and “creates special protections for abortion that limit cooperation with law enforcement, undermine the ability to report abuse, restrict the provision of public health information … erase the humanity of unborn children” and “interfere with valid state laws protecting life.”

Now, I said 28 members of Congress. That’s not very many. You’ll remember there are 535 of them, or which 100 are senators. Vance was one of only eight Republican senators willing to go this hard for menstrual surveillance by state law enforcement agencies. The other 20 signatories are members of the House and a quick review of the names shows they are mostly hardcore Freedom Caucus types. But think about it: even in the House GOP caucus, they could only get 20 people to sign this thing. That’s how extreme it is. But JD Vance signed.

I don’t know what Vance really believes and judging from his abrupt change of beliefs in the last few years, I suspect he doesn’t believe in much. But this interview with his college roommate was very interesting. He thinks Vance is a very, very angry guy filled with resentment. And it’s pretty clear from his rhetoric that his anger is directed largely at women.

He’s a very dangerous man.

Just Clap…

That was a very bad speech. It turns out he’s not very good at this. Imagine that.

I wrote the other day that Trump made a mistake in picking him, largely because he thought he had it in the bag and was listening to his offspring, Tweedle dee and Tweedle dumb. But I assumed he was at least competent as a MAGA politician. But I guess that was wrong…

In Case You Were Wondering About Those GOP Threats

They are threatening to file all kinds of lawsuits to contest dropping Biden from the ballot. Of course, Biden isn’t on the ballot because there is no ballot yet. And what are they talking about? People drop out of races all the time!

Election expert Rich Hasen explains why they are full of it legally:

With news of President Joe Biden’s withdrawal from the presidential race, some Republicans are claiming he cannot be removed from the presidential ballot in November and that in any case it is undemocratic to do so. The first claim is legally unsupported and the second one is ludicrous. I fully expect the Democrats’ legitimate nominees for president and vice president to be listed on the ballot in November.

Let’s start with the legal issue. The premise of the argument that Biden cannot be “removed” from the ballot is that he’s already “on” the ballot for president. He’s not.

When it comes to which candidates are listed on the general election ballot for president, states set their own rules. Typically, the rules provide that after each recognized political party has had its convention or otherwise gone through its process of choosing a nominee, the party must transmit that information to the states by a certain date so that ballots and other election materials can be prepared.The video player is currently playing an ad.00:11Skip Ad

Joe Biden has not yet been nominated to be president even though he had racked up enough delegates at the upcoming Democratic National Convention to have had an easy time getting the official nomination had he stayed in the race. He was only the presumptive nominee, not the official nominee—nobody is, until there’s a vote. So Biden need not be replaced, because he was never the official candidate.

To the extent that there’s even the hint of a legal issue, it’s not over whether it’s Biden or someone else who is the Democrats’ nominee, but about the timing of choosing the official nominee. The key is that nomination happens in time to get the candidate on the ballot in each state. For instance, Ohio originally had a ballot deadline that was before the Democratic National Convention, leading to a risk that no Democratic nominee would be listed on the ballot in that state. Ohio changed its law to a later deadline to accommodate the late convention. As I explained at Election Law Blog, there’s a hypertechnical argument that Ohio could still contend that a nomination coming from Democrats after their convention would be too late. This was the purported reason Democrats were going to do an early virtual roll-call vote to choose Biden. (I think the real reason for an early roll call was for partisans to lock Biden in, not to avoid litigation.)

Any litigation to keep Biden off the Ohio ballot would be extremely unlikely to succeed because Ohio has committed to the later date and transmitted that later date to local election officials. Everyone is relying on that and so Ohio would not be able to just change its mind, any more than any other Republican state could try to retroactively change the ballot access rules. Further, courts generally hold that states can’t make it too hard for serious candidates to get a place on the ballot, and that rule would easily apply to the eventual Democratic Party nominee.

In a handful of other states, including Washington state, there is a different ballot access timing issue that could trigger a lawsuit. (The issue is even more technical and has to do with an election administrator’s power to extend a legislative deadline in a presidential election.) For this reason, Democrats would be smart to still do that virtual roll call by Aug. 7 if they’ve coalesced around Vice President Kamala Harris or another candidate. That would avoid even the small risk of a serious lawsuit.

He goes on to discuss at length why their claims of this being undemocratic are so incredibly stupid. I honestly don’t think we even need to discuss it. Coming from these fascist insurrectionists it’s not even worth considering.

They will try, of course because they are shameless assholes. The whole point is to try and muddy the waters with yet another “I know you are but what am I?” piece of nonsense. It won’t work but their delusional cult followers won’t know the difference.

Meme-ifying

🥥🌴

The New Republic demystifies the Kamala Harris memes:

Many Harris fans have added the coconut and palm tree emojis to their social media handles, a shorthand for support. Her online supporters self-describe as “coconut-pilled,” much like people who fall down right-wing internet rabbit holes became known as “red-pilled.”

Knowledge of Harris and the coconut tree went from an internet joke to important context in the wake of President Joe Biden’s announcement that he would not seek reelection on Sunday and his endorsement of Harris moments later. Memes are important currency for the terminally online, a population largely comprised of young people who will not be reached by cable advertising or classic campaign mailers. In a political era built on vibes, internet jokes can be as significant as actual campaigning.

The coconut emoji references a now-infamous Harris quote that transformed from an ironic meme to an earnest display of support. In a speech in May last year, Harris quoted her mother. “My mother … would give us a hard time sometimes, and she would say to us, ‘I don’t know what’s wrong with you young people. You think you just fell out of a coconut tree?’” Harris said with a laugh. “You exist in the context of all in which you live and what came before you.” (The context of the comment—that she was quoting her mother—was lost when a clip of the speech went viral in February.)

The coconut reference is not the only time Harris has achieved meme fame. Another quote from her 2020 presidential campaign has taken on new life in recent weeks: “I can imagine what can be, unburdened by what has been.” Videos have sprouted on TikTok remixing her laugh to popular songs. One recent viral tweet remixed some of Harris’s most memorable quotes to a song by the pop singer Charli XCX. After Charli XCX wrote on X on Sunday that “Kamala IS brat,” a reference to her popular new album, the TikTok page for Harris’s campaign—recently rebranded from being the Biden campaign account—released a video alternating the tweet with “Kamala HQ,” with Charli’s song “Brat” playing in the background.

“The thing about having a candidate people are excited about is that you can actually have fun and be creative on socials, because people are going to embrace it, rather than find it embarrassing,” said Annie Wu Henry, a digital strategist who has overseen social media for Democrats such as Representative Alexandria Ocasio-Cortez and Senator John Fetterman. “People don’t want to feel bad about politics. They want to have fun, they want to enjoy, they want to be excited about a candidate. There can be creativity and community.”

I just met Henry over the weekend at a fundraiser in Raleigh. I hope she’s on the Harris payroll.

Also, “Donald Trump is the joke to young people,” said Marianna Pecora, the communications director for Voters of Tomorrow.

The Lincoln Project gets that too.

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We’ve Got A New Candidate

She’s got Trump’s number

How much was sheer dumb luck? Joe Biden might have held to his May 2020 promise to be a “transition” president and bowed out of the 2024 race last year. Democrats might have had a knock-down, drag-out primary season between members of its deep bench of next-generation leaders. The fights might have left the party embittered and weakened going into the fall campaign.

Yes, old party hands helped. They saw handwriting on the wall for the Biden candidacy and convinced him he had to bow out for the good of his party. In late July.

Somehow in spite of themselves, Democrats flipped the script (not in an Aaron Sorkin way) on the 2024 election and turned it from a contest between two, old white men with little curb appeal to one where an energetic, mixed-race, former-prosecutor Democrat faces an aged sexual predator, multiply indicted and convicted, a Republican with dreams of turning the United States into a dictatorship.

Within hours of Biden’s Sunday passing of the baton to his vice president, Kamala Harris, Democrats are unified and reenergized. Harris pulled in $81 million in donations in the first 24 hours, the largest one-day haul in presidential history, anecdotally, many from first-time donors. By Monday night, enough Democratic convention delegates had declared their support for Harris (nonbinding) to nominate her on their first August ballot.

All this without many a pundit’s wet-dream of “a contested convention, blitz primaries, and the like.” It’s not just Stephen Miller who has a sad.

“The first party to retire its 80-year-old candidate is going to be the one who wins this election,” former South Carolina Governor Nikki Haley predicted before Republican primary supporters in January.

Talk about dumb luck, a friend told me.

Now there is no joy in MAGAville. Republicans are stuck after massive investments of time and money into running against “Sleepy Joe” with having to rewrite their scripts for a race in which Donald Trump is the faltering old man in obvious decline, and still convicted and indicted. Team MAGA is in panicked disarray.

https://x.com/JeffSharlet/status/1815701315143483545

“I know Donald Trump’s type,” the former prosecutor told her campaign staff Monday afternoon to cheers.

Never Trumper George Conway reduced the current state of play to a simple formula:

I always thought this election is relatively simple. In 2016, Trump won because Hillary became the issue. In 2020, Trump was the incumbent and he was the issue because of his behavior, because of Clorox, because of everything. What happens this year is whoever becomes the issue loses. The problem we were having was that Biden was becoming the issue when Trump needs to be the issue. Now, Trump isn’t going to be able to avoid being the issue… Now, Trump is the old man in the race. Now, after having raised the issue of cognitive decline, he’s the only one that argument applies to.

When Donald Trump spoke of American carnage, he wasn’t promising to fix it but to bring it.

Get back on offense, Democrats. Yes, sell the brownie. “Paint the beautiful tomorrow.” Young voters care about the cost of rents, groceries, and about student loans. Tout what Biden-Harris delivered and what more help is coming for them and their families. But also make Trump the issue. Make Project 2025 the issue. Make Republicans becoming an authoritarian cult bent on taking your freedoms the issue. Women’s freedoms especially, but everyone else’s too. Make what kind of future we want for our country the issue.

#ShesWithUs Now, go kick ass and take names.

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Warrior

Thank you President Biden for your service to our country and for having the grace to usher in Kamala Harris to finish the job.

Harris went to campaign headquarters today.

Yes.

The president called in and it was moving:

The Democrats Are Healthy, The Republicans Are Sick

JV Last at the Bulwark has some interesting thoughts on the events of the last day:

On the night of June 27, the various power centers within the Democratic party began a difficult conversation: Was Joe Biden still capable of running a vigorous campaign?

Over three weeks the party reached a diffuse—if not unanimous—consensus: He was not. This consensus was the product of all levels of the party: Elder statesmen such as Nancy Pelosi, elected Democrats analyzing their own future prospects, donors making decisions about spending, and the main body of public opinion among Democratic voters.

Once this consensus was reached, the various power centers began a dialogue with the party’s leader, President Biden. The party expressed its choice. Biden pushed back. The party took up the question again and, after due consideration, held firm.

Joe Biden then stepped aside for the good of the nation.

This is how healthy institutions are supposed to work.

[…]

He notes that the party vetted Harris over the three weeks of fretting, with voters, donors and elected Dems getting comfortable with the idea and when no anti-Harris movement surfaced they realized that she was the best candidate. In fact, the party is more unified than was before.

He makes the point that Harris has all the benefits of incumbency but can run as a change agent. That’s unusual and I think it’s a true advantage. Also, Trump now “holds the age bomb.” No one deserves it more.

Every split screen now makes Trump look old and decrepit by comparison.

He notes that since the announcement, Harris has raised over r $100 million from small-dollar donors And there’s news today that one of the big super pacs has also raised over $150 million, which means that the campaign has raised at least a quarter of a billion dollars in 24 hours. That suggests some very serious enthusiasm.

The Republicans are losing it, screeching about filing lawsuits to force Biden on to the ticket and other ridiculous tantrums.

Why? Last says this:

The Republican party is a failed state.

At the debate, Donald Trump also demonstrated (again) that he is unfit for office. He rambled and lied incoherently. He is a convicted felon. A jury found him guilty of sexual assault. He has said he wants to be a “dictator” and that he wants to “terminate” parts of the Constitution. He selected as his running mate a man who advised disobeying orders from the Supreme Court and forcing a constitutional crisis.

Until last week there was nothing stopping the Republican party from forcing Trump off the ticket. The party elders and elected officials could have demanded that Trump step aside. Republican voters could have said that they had no confidence in his ability to govern. Donors could have closed their wallets.

But the plain fact is that not one single Republican called on Trump to step aside.

Not one.

Why? Because the various precincts of the Republican party understand that they hold no power—at all—over Trump. They could not ask him to withdraw from the race. Even broaching the subject would be grounds for excommunication from the party.

The Democratic party is a functioning institution, with checks and balances; constituencies and power structures. Like any institution, it is amorphous and its decision making is mostly organic.

The Republican party is an autocracy where the only thing that matters is the will of the leader. All power flows through him. All decisions are made by him. There are no competing power centers—only vassal states overseen by his noblemen.

That’s right. And it’s one of those decrepit institutions that’s imploding from within. If we can keep them from power — again — it’s possible that it might just finally collapse and make way for something more normal. (Or not.)

He Has Been A Good President

Sen. Chris Murphy:

On this historic day, I want to tell you a story about Joe Biden, and what he did behind the scenes to make the historic 2022 gun bill – the first major gun safety legislation in 30 years – a reality.

1/ It starts with a phone call he made to me days after the Uvalde shooting. 

2/ After the tragic Uvalde and Buffalo shootings, Biden wanted to give a prime time address to push the Congress to act.

But several of his advisors told him not to waste one of his few prime time speeches on guns. Congress will never pass a gun bill, they told him. 

3/ He called me to ask my opinion. In 2013, he and I had sat for hours with the Sandy Hook parents, and parents of kids killed in Hartford and Bridgeport. I knew how personal those families’ pain was to him.

“I want to give this speech, even if a bill is a long shot,” he said. 

4/ Days later, he called back and told me he had made up his mind to give the speech – bc he worried if he didn’t, the urgency would dissipate (Congress was on recess that week) and our chance to do something would be lost.

Now, he wanted to go over the details of the address. 

5/ He went through the speech with me, line by line, asking what words would spur on or hurt the bipartisan negotiations that had just begun.

Most presidents would send a staffer on this mission. But he was personally invested in getting every line right. 

6/ His speech was perfect and deeply impactful. During a week when we could have lost all momentum, Biden’s prime time address helped keep the attention on the issue and pressure on the negotiations.

I’m not sure the historic 2022 gun bill would have passed without that speech. 

Franklin Foer wrote a book about Biden recently and spent a lot of time with him. In this piece in the Atlantic he says that Biden’s self-confidence, skill and wisdom led him to have a unexpectedly successful term. (Foer wrote this before those same skills led Biden to make the decision to withdraw, saying they were leading him astray. They didn’t…)

Anyway, this is an excellent short rundown of what will make his legacy historic:

When Biden came to office, pundits liked to cast him as a placeholder—a well-meaning grandpa who would help restore the country’s equilibrium in the aftermath of Donald Trump’s madness. In Biden’s mind, that was just the members of the elite dismissing him, as they always did. Their underestimation stoked his determination to prove himself as one of history’s great men. He privately boasted that his performance would make him worthy of the presidential pantheon that included Franklin D. Roosevelt and Lyndon B. Johnson.

With a one-vote majority in the Senate, he audaciously set out to test the limits of what he could accomplish. The American Rescue Plan, passed in the first months of his presidency, pushed social policy in novel directions. It transferred money directly into bank accounts through the child tax credit, the closest the federal government has come to experimenting with universal basic income. For a brief, glorious moment, the legislation helped cut childhood poverty in half.

But the American Rescue Plan was just the early harvest of an exceptionally verdant legislative season. At a moment when Democrats described moderate Republicans as useless toadies, Biden wooed them—and cobbled together bipartisan majorities to pass an infrastructure bill and the CHIPS Act. Like Biden, these bills were dismissed as unexciting. But Biden was trying to restore the American state to its postwar glories. Harkening back to Cold War investments in science, the CHIPS bill spends significant cash on research and development, and the infrastructure bill renovates the transit systems, byways of economic competitiveness.

His signature accomplishment was the Inflation Reduction Act, a dreadfully unexciting name for a hugely significant bill. With its subsidies for clean energy, it will be remembered as the first massive American effort to contain climate change. And perhaps just as significantly, it will be remembered as the moment when the nation reembraced industrial policy. That is, the state began using its resources to guarantee the international dominance of American firms in electric vehicles and alternative energies, the industries of the future.

That’s the most surprising part of the Biden presidency. He broke with the economic paradigm that dominated policy in the Clinton and Obama administrations. Whereas those presidents choked when delivering the praise for unions that party politics demanded, Biden walked the picket line and lent presidential prestige to the movement. He reversed several generations of indifference to the problem of monopoly and installed regulators who went after Big Tech ferociously.

His supreme self-confidence allowed him to buck the conventional wisdom of foreign-policy mandarins. Both Barack Obama and Trump wanted to end the war in Afghanistan, but only Biden had the courage to actually follow through on that decision—although his chaotic execution of a move that voters overwhelmingly supported eroded confidence in his presidency. A devoted believer in old-fashioned transatlanticism, he plowed money and arms into the defense of Ukraine, as if the future of Europe depended on it. These were bold decisions that a president with lesser experience—and a lesser sense of his own acumen—wouldn’t have had the gumption to make.

Biden hates abstraction and pretension. But in his best moments, he could think like a grand strategist. I once heard him extemporaneously describe everything he had done to counter China, and it was impressive to behold. He deepened America’s entanglement with Australia. He helped mend the long rift between Japan and South Korea, so that they could focus on the shared threat they now faced. He successfully schmoozed Narendra Modi, so that India shifted toward the American sphere of influence. Without receiving much credit, he actually managed the pivot to Asia that Obama first promised.

Over the course of Biden’s term, when the press dismissed him as a failure, he kept pushing forward. He never shifted blame onto his aides—and never fired them to cover his own mistakes. He pushed ambitiously, even though he often did so at the risk of his own humiliation.

Before his age became the source of his political demise, it supplied him with wisdom. Before his stubbornness inured him to the inevitable, it carried him to unlikely triumphs. His response to criticism was to always double down on himself.

And in the end those characteristics led him to the right decision.