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Javier E

The Suffocation of Democracy | by Christopher R. Browning | The New York Review of Books - 0 views

  • In the 1920s, the US pursued isolationism in foreign policy and rejected participation in international organizations like the League of Nations. America First was America alone, except for financial agreements like the Dawes and Young Plans aimed at ensuring that our “free-loading” former allies could pay back their war loans. At the same time, high tariffs crippled international trade, making the repayment of those loans especially difficult. The country witnessed an increase in income disparity and a concentration of wealth at the top, and both Congress and the courts eschewed regulations to protect against the self-inflicted calamities of free enterprise run amok. The government also adopted a highly restrictionist immigration policy aimed at preserving the hegemony of white Anglo-Saxon Protestants against an influx of Catholic and Jewish immigrants. (Various measures barring Asian immigration had already been implemented between 1882 and 1917.) These policies left the country unable to respond constructively to either the Great Depression or the rise of fascism, the growing threat to peace, and the refugee crisis of the 1930s.
  • Today, President Trump seems intent on withdrawing the US from the entire post–World War II structure of interlocking diplomatic, military, and economic agreements and organizations that have preserved peace, stability, and prosperity since 1945.
  • Paul von Hindenburg, elected president of Germany in 1925, was endowed by the Weimar Constitution with various emergency powers to defend German democracy should it be in dire peril. Instead of defending it, Hindenburg became its gravedigger, using these powers first to destroy democratic norms and then to ally with the Nazis to replace parliamentary government with authoritarian rule. Hindenburg began using his emergency powers in 1930, appointing a sequence of chancellors who ruled by decree rather than through parliamentary majorities, which had become increasingly impossible to obtain as a result of the Great Depression and the hyperpolarization of German politics.
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  • Thinking that they could ultimately control Hitler while enjoying the benefits of his popular support, the conservatives were initially gratified by the fulfillment of their agenda: intensified rearmament, the outlawing of the Communist Party, the suspension first of freedom of speech, the press, and assembly and then of parliamentary government itself, a purge of the civil service, and the abolition of independent labor unions. Needless to say, the Nazis then proceeded far beyond the goals they shared with their conservative allies, who were powerless to hinder them in any significant way.
  • If the US has someone whom historians will look back on as the gravedigger of American democracy, it is Mitch McConnell. He stoked the hyperpolarization of American politics to make the Obama presidency as dysfunctional and paralyzed as he possibly could. As with parliamentary gridlock in Weimar, congressional gridlock in the US has diminished respect for democratic norms, allowing McConnell to trample them even more. Nowhere is this vicious circle clearer than in the obliteration of traditional precedents concerning judicial appointments. Systematic obstruction of nominations in Obama’s first term provoked Democrats to scrap the filibuster for all but Supreme Court nominations. Then McConnell’s unprecedented blocking of the Merrick Garland nomination required him in turn to scrap the filibuster for Supreme Court nominations in order to complete the “steal” of Antonin Scalia’s seat and confirm Neil Gorsuch. The extreme politicization of the judicial nomination process is once again on display in the current Kavanaugh hearings.
  • Like Hitler’s conservative allies, McConnell and the Republicans have prided themselves on the early returns on their investment in Trump. The combination of Trump’s abasement before Putin in Helsinki, the shameful separation of families at the border in complete disregard of US asylum law (to say nothing of basic humanitarian principles and the GOP’s relentless claim to be the defender of “family values”), and most recently Michael Cohen’s implication of Trump in criminal violations of campaign finance laws has not shaken the fealty of the Republican old guard, so there is little indication that even an explosive and incriminating report from Special Counsel Robert Mueller will rupture the alliance.
  • Republicans begin with a systemic advantage in electing senators and representatives, because the Democratic Party’s constituency has become heavily concentrated in big states and big cities. By my calculation every currently serving Democratic senator represents roughly 3.65 million people; every Republican roughly 2.51 million. Put another way, the fifty senators from the twenty-five least populous states—twenty-nine of them Republicans—represent just over 16 percent of the American population, and thirty-four Republican senators—enough to block conviction on impeachment charges—represent states with a total of 21 percent of the American population. With gerrymandering and voter suppression enhancing even more the systemic Republican advantage, it is estimated that the Democrats will have to win by 7 to 11 points (a margin only obtainable in rare “wave” elections) in the 2018 elections to achieve even the narrowest of majorities in the House of Representatives
  • In France the prospect of a Popular Front victory and a new government headed by—horror of horrors—a Socialist and Jew, Léon Blum, led many on the right to proclaim, “Better Hitler than Blum.” Better the victory of Frenchmen emulating the Nazi dictator and traditional national enemy across the Rhine than preserving French democracy at home and French independence abroad under a Jewish Socialist.
  • The fascist movements of that time prided themselves on being overtly antidemocratic, and those that came to power in Italy and Germany boasted that their regimes were totalitarian. The most original revelation of the current wave of authoritarians is that the construction of overtly antidemocratic dictatorships aspiring to totalitarianism is unnecessary for holding power
  • the most apt designation of this new authoritarianism is the insidious term “illiberal democracy.” Recep Tayyip Erdoğan in Turkey, Putin in Russia, Rodrigo Duterte in the Philippines, and Viktor Orbán in Hungary have all discovered that opposition parties can be left in existence and elections can be held in order to provide a fig leaf of democratic legitimacy, while in reality elections pose scant challenge to their power. Truly dangerous opposition leaders are neutralized or eliminated one way or another.
  • Total control of the press and other media is likewise unnecessary, since a flood of managed and fake news so pollutes the flow of information that facts and truth become irrelevant as shapers of public opinion. Once-independent judiciaries are gradually dismantled through selective purging and the appointment of politically reliable loyalists. Crony capitalism opens the way to a symbiosis of corruption and self-enrichment between political and business leaders. Xenophobic nationalism (and in many cases explicitly anti-immigrant white nationalism) as well as the prioritization of “law and order” over individual rights are also crucial to these regimes in mobilizing the popular support of their bases and stigmatizing their enemies.
  • Both Mussolini and Hitler came to power in no small part because the fascist-conservative alliances on the right faced division and disarray on the left. The Catholic parties (Popolari in Italy, Zentrum in Germany), liberal moderates, Social Democrats, and Communists did not cooperate effectively in defense of democracy.
  • In the five presidential elections of the twenty-first century, Democrats have won the popular vote four times. Two of these four (2000 and 2016) nonetheless produced Republican presidents, since the Electoral College reflects the same weighting toward small, more often Republican states as the Senate. Given the Supreme Court’s undermining of central provisions of the Voting Rights Act (Shelby County v. Holder), its refusal to take up current flagrant gerrymandering cases (Gill v. Whitford for Wisconsin; Benisek v. Lamone for Maryland), and its recent approval of the Ohio law purging its voting rolls (Husted v. Randolph Institute), it must be feared that the Court will in the future open the floodgates for even more egregious gerrymandering and voter suppression.
  • The unprecedented flow of dark money into closely contested campaigns has distorted the electoral process even further. The Supreme Court decision declaring corporations to be people and money to be free speech (Citizens United v. FEC) in particular has greatly enhanced the ability of corporations and wealthy individuals to influence American politics
  • To consolidate his dictatorship, Hitler had to abolish the independent unions in Germany in a single blow. Trump faces no such problem. In the first three postwar decades, workers and management effectively shared the increased wealth produced by the growth in productivity. Since the 1970s that social contract has collapsed, union membership and influence have declined, wage growth has stagnated, and inequality in wealth has grown sharply. Governor Scott Walker’s triumph over public sector unions in Wisconsin and the recent Supreme Court decision striking down mandatory public sector union dues (Janus v. AFSCME) simply accelerate a process long underway.
  • Alongside the erosion of an independent judiciary as a check on executive power, other hallmarks of illiberal democracy are the neutralization of a free press and the steady diminution of basic human rights
  • In Trump’s presidency, those functions have effectively been privatized in the form of Fox News and Sean Hannity. Fox faithfully trumpets the “alternative facts” of the Trump version of events, and in turn Trump frequently finds inspiration for his tweets and fantasy-filled statements from his daily monitoring of Fox commentators and his late-night phone calls with Hannity. The result is the creation of a “Trump bubble” for his base to inhabit that is unrecognizable to viewers of PBS, CNN, and MSNBC and readers of The Washington Post and The New York Times. The highly critical free media not only provide no effective check on Trump’s ability to be a serial liar without political penalty; on the contrary, they provide yet another enemy around which to mobilize the grievances and resentments of his base. A free press does not have to be repressed when it can be rendered irrelevant and even exploited for political gain.
  • the curtailment of many rights and protections Americans now enjoy is likely. Presumably marriage equality will survive, given the sea change in American public opinion on that issue. But the right of businesses and individuals to discriminate against gays is likely to be broadly protected as a “sincerely held religious belief.” Chief Justice John Roberts’s favorite target, affirmative action, is likely to disappear under his slogan that to end racial discrimination, one must end all forms of racial discrimination. And a woman’s right to abortion will probably disappear in red states, either through an outright overturning of Roe v. Wade or more likely through narrower rulings that fail to find any “undue burden” in draconian restrictions that in practice make abortion unavailable. And equal protection of voting rights is likely to be eroded in red states through ever more insidiously designed voter suppression laws and gerrymandering once the Supreme Court makes clear that it will not intervene to curb such measures
  • No matter how and when the Trump presidency ends, the specter of illiberalism will continue to haunt American politics. A highly politicized judiciary will remain, in which close Supreme Court decisions will be viewed by many as of dubious legitimacy, and future judicial appointments will be fiercely contested. The racial division, cultural conflict, and political polarization Trump has encouraged and intensified will be difficult to heal. Gerrymandering, voter suppression, and uncontrolled campaign spending will continue to result in elections skewed in an unrepresentative and undemocratic direction. Growing income disparity will be extremely difficult to halt, much less reverse.
  • Finally, within several decades after Trump’s presidency has ended, the looming effects of ecological disaster due to human-caused climate change—which Trump not only denies but is doing so much to accelerate—will be inescapable. Desertification of continental interiors, flooding of populous coastal areas, and increased frequency and intensity of extreme weather events, with concomitant shortages of fresh water and food, will set in motion both population flight and conflicts over scarce resources that dwarf the current fate of Central Africa and Syria. No wall will be high enough to shelter the US from these events. Trump is not Hitler and Trumpism is not Nazism, but regardless of how the Trump presidency concludes, this is a story unlikely to have a happy ending.
katherineharron

Amy Coney Barrett hearing: Takeaways from Wednesday - CNNPolitics - 0 views

  • Barrett again declined to preview how she would rule on potential cases during her confirmation hearing, as she did for the previous two days, seeking to portray herself as an independent judge without an agenda.
  • Lindsey Graham seemed to suggest that Barrett would vote to uphold the Affordable Care Act in an upcoming case because of a judicial principle known as severability, defending himself from political attacks in his tough reelection race against Democrat Jaime Harrison.
  • "From a conservative point of view, generally speaking, we want legislative bodies to make laws, not judges," Graham said later. "Would it be further true that if you can preserve a statue you try to, to the extent possible?"
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  • "That is true," Barrett responded.
  • California Sen. Dianne Feinstein, the Judiciary Committee's top Democrat, also asked the nominee about the severability doctrine. Barrett explained to Feinstein that the doctrine was like a game of "Jenga," where a court must decide whether a law can stand if it pulls out part of it.
  • Vermont Democratic Sen. Patrick Leahy said that Barrett had not written or spoken in defense of the ACA but had publicly criticized the court and Chief Justice John Roberts for voting to uphold sections of it. Barrett said on Wednesday she had previously spoken as an academic rather than as a judge, and had "never had occasion to speak on the policy question."
  • Barrett later told Minnesota Democratic Sen. Amy Klobuchar, "I have no animus to, or agenda for, the Affordable Care Act."
  • Barrett said, "No one is above the law," but declined to answer the question, saying it "has never been litigated."
  • "So because it would be opining on an open question when I haven't gone through the judicial process to decide it, it's not one in which I can offer a view."
  • Delaware Democratic Sen. Chris Coons asked Barrett if she agreed with her mentor and former boss, the late Justice Antonin Scalia, that Griswold v. Connecticut, which established that married couples have a right to obtain and use contraception in the privacy of their own home, was wrongly decided.
  • She explained that it's "unthinkable that any legislature would pass such a law" prohibiting the use of birth control and that it's "very unlikely" a lower court would buck the Supreme Court precedent.
  • Barrett said that "the only reason that it's even worth asking that question" is because the 1965 case underpins the 1973 landmark case Roe v. Wade, which found a constitutional right to abortion. "So because Griswold involves substantive due process, an area that remains subject to litigation to the country, I don't think it's an issue or case that I can opine on," she said. "But nor do I think Griswold is in danger of going anywhere."
  • California Sen. Kamala Harris, the Democratic vice presidential nominee, asked Barrett about Shelby County v. Holder, which allowed some jurisdictions with a history of voter suppression to escape additional federal scrutiny under the 1965 Voting Rights Act.
  • "I think racial discrimination still exists in the United States, and I think we've seen evidence of that this summer," added Barrett.Harris later asked Harris if Covid-19 is infectious, whether smoking causes cancer and whether climate change is "happening and is threatening the air we breathe and the water we drink."
  • "I will not do that," she said. "I will not express a view on a matter of public policy, especially one that is politically controversial because that's inconsistent with the judicial role as I have explained."
  • Republican senators appeared confident on Wednesday that they will confirm the Notre Dame law professor and judge on the 7th US Circuit Court of Appeals by the end of the month, giving conservatives a strong 6-3 majority on the Supreme Court.
katyshannon

The Supreme Court Will Review Texas' Law Restricting Abortion Access - 0 views

  • If upheld, Planned Parenthood says the decision would leave 5.4 million Texan women of reproductive age with only 10 abortion providers in their state.
  • This decreased access would be especially detrimental to already marginalized groups and those with limited economic resources. Forty-two percent of the women who have abortions fall below the federal poverty line, according to the Guttmacher Institute. Denying women abortion access only increases the risk of falling into poverty, ThinkProgress reported in 2012.
  • providers disproportionately affects Latina women, according to Jessica González-Rojas, executive director of the National Latina Institute for Reproductive Health. "While this politically-motivated attack threatens all Texas women, it's particularly harmful for the 40% of Texas women who are Latina," González-Rojas said in an emailed statement. "Latinas are twice as likely to experience unintended pregnancies as non-Latina white women and are more likely to be of reproductive age.
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  • In Texas, lack of
  • This particular case has implications for women across the United States, according to Ilyse Hogue, president of NARAL Pro-Choice America.
  • "This case represents the greatest threat to women's reproductive freedom since the Supreme Court decided Roe vs. Wade over 40 years ago."
  • The Guttmacher Institute estimates that 1 in 3 women will have an abortion in her lifetime. Lawmakers have passed a record-breaking 231 abortion restriction laws in the last four years, and more than 100 anti-abortion bills have been introduced in 28 state legislatures so far this year.
Javier E

Official conservatism has been brain-dead for a while - The Washington Post - 0 views

  • Yiannopoulos  — a raving, crude white nationalist with zero interest in anything approaching conservative theory or history — is, in the eyes of the biggest conservative confab’s organizer, an ideal speaker (if not for the sex-with-children issue.) That in a nutshell is the problem of the right.
  • As political groupings and causes have gotten stale, the figures left running these groups are intellectually unserious or downright perverse
  • The old “three-legged stool of conservatism” has been moldy for years now.
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  • This segment of the right flipped from insisting on ideological purity to caring nothing about ideology. It’s now about winning, holding power and sneering at anyone not from “real” America.
  • Social conservatives lost on same-sex marriage, have lived with decades of Roe v. Wade and threw their lot in with Donald Trump, who embodies every grotesque habit and quality they’ve ranted about for years (e.g., infidelity, dishonesty, crudeness, cruelty). That leg is gone.
  • The economic leg has rotted away as well. Supply-side tax cuts have no sell with the general public (tax cuts for the rich!), and fiscal-discipline/small-government conservatives are nowhere to be found in Congress (which moves ahead on its own national health-care plan, peddles a “border adjustment tax” and looks to splurge on red ink).
  • In the foreign-policy realm, it’s not clear where the party is headed — but President Trump and his ilk seem bent on destroying the international liberal order, throwing their weight behind despots and blowing up international institutions that have existed since the end of World War II.
  • In the place of ideas and relevant policy, the right is now drenched in cultural resentment and fixated on keeping out immigrants.
  • The right’s rejection of all elites, including the entire mainstream media, has morphed into a rejection of objective truth.
  • Unqualified, ignorant people are preferred over qualified, knowledgeable public servants.
  • Loyalty to a person is the paramount consideration in staffing.
  • Only in a party in such dire straits — where resentment toward coastal elites became the defining feature — could Yiannopoulos  have gotten as far as he did.
  • The conservative movement — neither conservative nor a movement at this point — lies prostrate, reduced to a set of tribal identifiers (climate change denial, cultural resentment, xenophobia).
Javier E

How to Beat Trump - The Atlantic - 0 views

  • I was one of the many who admired the orderly commitment and resolution of the women’s march on Washington the day after President Trump’s inauguration.
  • Yet my admiration is mixed with worry. As I step through the police lines, I bring a message with me: Your demonstrations are engineered to fail. They didn’t stop the Iraq war. They won’t stop Donald Trump.
  • With the rarest exceptions—and perhaps the January 21 demonstration will prove to be one—left-liberal demonstrations are exercises in catharsis, the release of emotions. Their operating principle is self-expression, not persuasion. They lack the means, and often the desire, to police their radical fringes, with the result that it’s the most obnoxious and even violent behavior that produces the most widely shared and memorable images of the event.
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  • Again and again, their most lasting effect has been to polarize opinion against them—and to empower the targets of their outrage. And this time, that target is a president hungering for any excuse to repress his opponents
  • Protesters may be up against something never before seen in American life: a president and an administration determined to seize on unrest to legitimate repression.
  • here’s what I have to offer from the right, amid the storms of the Trump era.
  • The more conservative protests are, the more radical they are.You want to scare Trump? Be orderly, polite, and visibly patriotic.
  • It’s beyond audacious that a candidate who publicly requested help from Russian espionage services against his opponent would claim the flag as his own. But Trump is trying. Don’t let him get away with it. Carry the flag. Open with the Pledge of Allegiance. Close by singing the Star Spangled Banner
  • Trump’s presidency is itself one long flag-burning, an attack on the principles and institutions of the American republic. That republic’s symbols are your symbols. You should cherish them and brandish them.
  • Don’t get sucked into the futile squabbling cul-de-sac of intersectionality and grievance politics. Look at this roster of speakers from the January 21 march. What is Angela Davis doing there? Where are the military women, the women police officers, the officeholders? If Planned Parenthood is on the stage, pro-life women should stand there, too. If you want somebody to speak for immigrants, invite somebody who’s in the country lawfully.
  • Here are a few useful tests:a) Could this demand be achieved by a law passed through Congress?b) Can I imagine my Rush Limbaugh listening brother-in-law agreeing with it?c) Can I tweet it?If so … good.
  • “Tone policing” has entered the left-of-center vocabulary as one of the worst possible things you can do or think. In fact, all effective political communication must carefully consider both tone and content
  • Donald Trump has made clear that he wants to wage a Nixon-style culture war: cops against criminals, soldiers against pacifists, hard hats against hippies. Don’t be complicit. If you want to beat him, you have to reject his categories.
  • Successful movements are built upon concrete single demands that can readily be translated into practical action: “Votes for women.” “End the draft.” “Overturn Roe v. Wade.” “Tougher punishments for drunk driving.
  • People can say “yes” to such specific demands for many different reasons.
  • So it should be for critics of President Trump. “Pass a law requiring the Treasury to release the President’s tax returns.” “An independent commission to investigate Russian meddling in the US election.” “Divest from the companies.” These are limited asks with broad appeal.
  • On the other hand, if you build a movement that lists those specific and limited goals along a vast and endlessly unfolding roster of others from “preserve Dodd Frank” to “save the oceans”—if you indulge the puckish anti-politics of “not usually a sign guy, but geez”—you will collapse into factionalism and futility.
  • if you are building a movement to protect American democracy from the authoritarianism of the Trump administration, you should remember that the goal is to gain allies among people who would not normally agree with you
  • the core demand of your movement should likewise be easy to explain and plausibly acceptable to that mainstream, stretching from Bernie voters to Romney donors.
  • The classic military formula for success: concentrate superior force at a single point
  • bodies in the street represent only potential power, not actual power. Even the largest rally must sooner or later disassemble and return home. What happens after that? The difference between Occupy Wall Street and the Tea Party was that only the second movement translated the energy and excitement of its early mass meetings into steady organizational work aimed at winning elections.
  • it is the steady and often tedious work of organization that sustains democracy—and can change the world. Protests are useful mostly to the extent that they mobilize people to participate in the follow-up meetings to realize the protest’s goals. Collect names and addresses. Form Facebook groups. Keep in touch. Don’t argue: recruit. Meet in real space as well as online. Serve cake. Make your presence felt on your local elected officials not just once, but day after day, week in, week out.
  • to succeed, you should be equally focused and persistent. And that requires above all: be motivated by hope, not outrage.
  • The outrage may get you started, but only hope keeps you going. Hope, as Vaclav Havel insisted, is an expression of the state of our minds, not a description of the state of the world. It powers you to undertake the daunting but essential mission: unlimited efforts for limited goals.
  • ou’re not trying to save the world. Just to pass one law. It doesn’t sound like much. It could be everything.
Javier E

Romney's Former Bain Partner Makes a Case for Inequality - NYTimes.com - 0 views

  • He has spent the last four years writing a book that he hopes will forever change the way we view the superrich’s role in our society. “Unintended Consequences: Why Everything You’ve Been Told About the Economy Is Wrong,” to be published in hardcover next month by Portfolio, aggressively argues that the enormous and growing income inequality in the United States is not a sign that the system is rigged. On the contrary, Conard writes, it is a sign that our economy is working. And if we had a little more of it, then everyone, particularly the 99 percent, would be better off.
  • most Americans don’t know how the economy really works — that the superrich spend only a small portion of their wealth on personal comforts; most of their money is invested in productive businesses that make life better for everyone. “Most citizens are consumers, not investors,” he told me during one of our long, occasionally contentious conversations. “They don’t recognize the benefits to consumers that come from investment.”
  • Dean Baker, a prominent progressive economist with the Center for Economic and Policy Research, says that most economists believe society often benefits from investments by the wealthy. Baker estimates the ratio is 5 to 1, meaning that for every dollar an investor earns, the public receives the equivalent of $5 of value
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  • Conard said Baker was undercounting the social benefits of investment. He looks, in particular, at agriculture, where, since the 1940s, the cost of food has steadily fallen because of a constant stream of innovations. While the businesses that profit from that innovation — like seed companies and fast-food restaurants — have made their owners rich, the average U.S. consumer has benefited far more. Conard concludes that for every dollar an investor gets, the public reaps up to $20 in value. This is crucial to his argument: he thinks it proves that we should all appreciate the vast wealth of others more, because we’re benefiting, proportionally, from it.
  • What about investment banks, with their complicated financial derivatives and overleveraged balance sheets? Conard argues that they make the economy more efficient, too. The financial crisis, he writes, was not the result of corrupt bankers selling dodgy financial products. It was a simple, old-fashioned run on the banks, which, he says, were just doing their job
  • He argues that collateralized-debt obligations, credit-default swaps, mortgage-backed securities and other (now deemed toxic) financial products were fundamentally sound. They were new tools that served a market need for the world’s most sophisticated investors,
  • “A lot of people don’t realize that what happened in 2008 was nearly identical to what happened in 1929,” he says. “Depositors ran to the bank to withdraw their money only to discover, like the citizens of Bedford Falls” — referring to the movie “It’s a Wonderful Life” — “that there was no money in the vault. All that money had been lent.”
  • In 2008 it was large pension funds, insurance companies and other huge institutional investors that withdrew in panic. Conard argues in retrospect that it was these withdrawals that led to the crisis — not, as so many others have argued, an orgy of irresponsible lending
  • Conard concedes that the banks made some mistakes, but the important thing now, he says, is to provide them even stronger government support. He advocates creating a new government program that guarantees to bail out the banks if they ever face another run.
  • the central role of banks, Conard says, is to turn the short-term assets of nervous savers into risky long-term loans that help the economy grow.
  • we live longer, healthier and richer lives because of countless microimprovements like that one. The people looking for them, Conard likes to point out, are not only computer programmers, engineers and scientists. They are also wealthy investors like him
  • As Conard told me, one of the crucial lessons he learned at Bain is that it makes no sense to look for easy solutions. In a competitive market, all that’s left are the truly hard puzzles. And they require extraordinary resources. While we often hear about the greatest successes — penicillin, the iPhone — we rarely hear about the countless failures and the people and companies who financed them.
  • A central problem with the U.S. economy, he told me, is finding a way to get more people to look for solutions despite these terrible odds of success. Conard’s solution is simple. Society benefits if the successful risk takers get a lot of money
  • He said the only way to persuade these “art-history majors” to join the fiercely competitive economic mechanism is to tempt them with extraordinary payoffs.
  • When I look around, I see a world of unrealized opportunities for improvements, an abundance of talented people able to take the risks necessary to make improvements but a shortage of people and investors willing to take those risks. That doesn’t indicate to me that risk takers, as a whole, are overpaid. Quite the opposite.” The wealth concentrated at the top should be twice as large, he said. That way, the art-history majors would feel compelled to try to join them.
  • he expressed anger over the praise that Warren Buffett has received for pledging billions of his fortune to charity. It was no sacrifice, Conard argued; Buffett still has plenty left over to lead his normal quality of life. By taking billions out of productive investment, he was depriving the middle class of the potential of its 20-to-1 benefits. If anyone was sacrificing, it was those people. “Quit taking a victory lap,” he said, referring to Buffett. “That money was for the middle class.”
  • Unlike Romney, Conard rejects the notion that America has “some monopoly on hard work or entrepreneurship.” “I think it’s simple economics,” he said. “If the payoff for risk-taking is better, people will take more risks
  • Conard sees the success of the U.S. economy as, in part, the result of a series of historic accidents. Most recently, the coincidence of Roe v. Wade and the late 1970s economic malaise allowed Ronald Reagan to unify social conservatives and free-market advocates and set the country on a pro-investment path for decades. Europeans, he says, made all the wrong decisions. Concern about promoting equality and protecting favored industries have led to onerous work rules, higher taxes and all sorts of social programs that keep them poorer than Americans.
  • Now we’re at a particularly crucial moment, he writes. Technology and global competition have made it more important than ever that the United States remain the world’s most productive, risk-taking, success-rewarding society. Obama, Conard says, is “going to dampen the incentives.” Even worse, Conard says, “he’s slowing the accumulation of equity” by fighting income inequality.
  • Conard’s book addresses what is perhaps the most important question in economics, the one Adam Smith set out to answer in “The Wealth of Nations”: Why do some countries grow so rich and others stay poor? Where you come down on the answer has as much to do with your politics as your economic worldview (two things that can often be the same)
  • Nearly every economist I spoke with said that Conard has too much faith in the market’s ability to reward only those who create real value. Conard, for instance, insists that even the dodgiest financial products must have been beneficial or else nobody would have bought them in the first place. If a Wall Street trader or a corporate chief executive is filthy rich, Conard says that the merciless process of economic selection has assured that they have somehow benefited society. Even pro-market Romney supporters take issue with this. “Ed ought to be more concerned about crony capitalism,” Hubbard told me.
  • “Unintended Consequences” ignores some of the most important economic work of the past few decades, about how power and politics influence economic growth. In technical language, this field is the study of “rent seeking,” in which people or companies get rich because of their power, not because of their ideas.
  • wealthy individuals and corporations are able to influence politicians and regulators to make seemingly insignificant changes to regulations that benefit themselves. In other words, to rig the game
  • Conard’s version of the financial crisis ignores much reporting and analysis — including work I’ve done with NPR’s “Planet Money” team — that shows that some of the nation’s largest banks actively manipulated customers and regulators and, sometimes, their own stockholders to profit from dangerous risk
  • Rather than simply serving as an invitation for everybody to engage in potentially beneficial risk-taking, inequality can allow those with wealth to crush new ideas.
  • Perhaps concentrated wealth will inspire a nation of innovative problem-solvers. But if the view of many economists is right — that it sometimes discourages innovation — then we should worry
  • on this one he resorted to anecdotes and gut feelings. During his work at Bain, he said, he saw that successful companies had to battle against one another. Nobody was just given a free ride because of their power. “Was a person, like me, excluded from opportunity?” he asked rhetorically. “If so, I wasn’t aware!”
  • both could be true. The rich could earn a great deal of wealth through their own hard work, skill and luck. They could also use their subsequent influence to make themselves even richer
  • One of the great political and economic challenges of our time is figuring out the balance between wealth that benefits society and wealth that distorts.
  • Glenn Hubbard said only that at a broad level, Romney and Conard share “beliefs about innovation and growth and responsible risk-taking.”
  • Conard and Romney certainly share views on numerous policy matters. Like many Republicans, they promote lower taxes and less regulation for those who achieve financial succes
clairemann

Lawmakers Renew Fight To Reverse 'Anti-Choice,' 'Blatantly Racist' Hyde Amendment | Huf... - 0 views

  • The landmark Supreme Court ruling Roe v. Wade has protected a person’s right to a safe and legal abortion since 1973. But many people, especially low-income women and women of color, still face heightened barriers to access the medical procedure due to the Hyde Amendment, which bars federal health insurance programs like Medicaid from covering abortions, except in cases of rape, incest or to save the life of the mother. 
  • The Hyde Amendment — named after former Illinois Rep. Henry Hyde, a vocally anti-abortion Republican — was passed in 1976 and has been renewed every year since. Congress has the opportunity to repeal the Hyde Amendment during the federal appropriations process each spring.
  • Research shows that 1 in 4 low-income women seeking an abortion are forced to carry an unwanted pregnancy to term when lawmakers restrict abortion coverage under Medicaid. Studies also show that a woman denied an abortion is more likely to fall into poverty than a woman who is able to get one.
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  • President Joe Biden has expressed his support for repealing the Hyde Amendment, giving abortion rights advocates hope that the policy could be reversed under the new administration.
  • “Although they might have the right to an abortion on paper, they certainly cannot exercise it,” Murray said of low-income women affected by the Hyde Amendment. “A right on paper but not in practice doesn’t do you much good. And the consequences can be devastating.”
martinelligi

Arkansas Passes Near-Total Abortion Ban : NPR - 0 views

  • Arkansas Gov. Asa Hutchinson on Tuesday signed into law one of the country's most restrictive abortion bans, a measure supporters hope will force the U.S. Supreme Court to revisit its 1973 decision sanctioning the procedure.
  • Under Senate Bill 6, abortion would only be allowed in cases where it's necessary to save the life or preserve the health of the fetus or mother. The law does not allow any exceptions in situations of rape or incest — a line that anti-abortion rights activists and lawmakers have supported in the past.
  • The measure's supporters expect the law to be challenged by abortion rights activists. It's future is uncertain, as similar attempts to restrict access to abortion services in Ohio, Georgia, and Alabama in the last two years have failed after federal courts struck down local laws.
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  • Republican lawmakers across the country have been emboldened by last year's confirmation of Judge Amy Coney Barrett to the Supreme Court. Lawmakers in Texas and Tennessee have also pushed new abortion restrictions believing a conservative majority at the nation's highest court will strike down the landmark abortion decision, Roe v. Wade.
anonymous

Biden's Budget Removes A Longstanding Ban On Abortion Funding : NPR - 0 views

  • President Biden's budget proposal fulfills a campaign promise to remove a longstanding ban on federal funding for most abortions known as the Hyde Amendment.
  • Abortion rights advocates have praised the move; a statement from Planned Parenthood President Alexis McGill Johnson called the Hyde Amendment "racist, sexist, deeply unjust" and thanked Biden for working to remove it.
  • Biden reversed his longtime position on Hyde, joining other Democratic hopefuls in saying he would work to overturn it. "If I believe heath care is a right, as I do, I can no longer support an amendment that makes that right dependent on someone's zip code," Biden said in June 2019.
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  • Biden said his position had changed in response to changing circumstances, including increasing efforts by Republican lawmakers to restrict abortion. "It was not under attack," Biden said. "As it is now."
  • At the same time, Republican state lawmakers have continued a nationwide push to limit abortion, introducing hundreds of restrictions this year alone. Anti-abortion rights groups hope one of those laws will invite the U.S. Supreme Court to reconsider the Roe v. Wade decision that legalized abortion nationwide in 1973.
  • The budget plan, released late last week, would drop the policy which has restricted funding for abortion through federal programs such as Medicaid. The rule, in effect since 1980, includes exceptions in cases of rape, incest, or to save a pregnant woman's life.
  • Biden, a lifelong Catholic, supported Hyde for decades — as did many other Democrats, often as a compromise position with Republicans. It often has been a sticking point in negotiations over healthcare policy, including the debate surrounding the Affordable Care Act and subsequent legislation.
  • Later that month, in a forum on abortion rights hosted by Planned Parenthood in South Carolina, Biden explained his reversal, saying he'd supported Hyde in an effort to expand federally-funded healthcare. But he suggested that for low-income women who rely on federal programs, Hyde had become an obstacle to full healthcare access.
  • Promising to reverse multiple Trump-era abortion restrictions, Biden ultimately marshaled the support of Planned Parenthood and other reproductive rights advocacy groups, who put the weight of their campaign operation behind him in his fight against Trump in 2020.
  • Since taking office, Biden has taken steps toward providing federal funding for abortions for low-income people. Like other Democratic Presidents before him, Biden announced plans soon after taking office to reverse the Mexico City Policy, or what critics describe as the "Global Gag Rule." It forbids international aid groups who receive U.S. funding from providing or referring patients for abortion.
  • Abortion rights groups are asking the administration to take additional steps, including reversing the Helms Amendment, which also restricts the use of U.S. dollars in paying for abortions abroad.
martinelligi

How Biden's Catholicism Could Influence The Abortion Debate : President Biden Takes Off... - 0 views

  • Joe Biden is only the second Catholic president of the United States. He's also a supporter of abortion rights — a position at odds with official teachings of the Roman Catholic Church.
  • Jamie Manson, president of Catholics for Choice, said she hopes for what she describes as a "better dialogue" between church leaders and some rank-and-file Catholics who disagree with aspects of the church's teachings.
  • Polling suggests a majority of American Catholics support abortion rights in most or all cases and oppose overturning Roe v. Wade, the 1973 U.S. Supreme Court decision that legalized abortion nationwide.
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  • Conservative Catholics, meanwhile, worry that Biden will roll back Trump administration policies that they've seen as victories for religious liberty or the goal of restricting abortion.
clairemann

Why Women Vote for Democratic Presidential Candidates More | Time - 0 views

  • As the electoral odds facing President Donald Trump and former Vice President Joe Biden have continued to diverge in national and state polls, there’s at least one area where the divergence has been particularly striking: By early October, one national poll had Biden leading Trump by over 20 points among registered female voters; Trump and Biden were tied among likely male voters
  • Nationally, women in the U.S. have had the vote for 100 years. For the last 40 of those years, they have voted for the Democratic presidential candidate in greater numbers than men have.
  • It took 60 years for women to vote in the same proportion as men. In 1980, for the first time since the passage of the 19th Amendment, women voted at the same rate as men. That was also the first time they voted noticeably differently from men.
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  • The party removed support for the Equal Rights Amendment (ERA) from its platform that year, after 40 years of relatively consistent support. Further, for the first time since Roe v. Wade was decided, there was a clear divide between the candidates on support for abortion rights, as Reagan was on the record supporting a constitutional amendment banning them.
  • What then was driving the gap?
  • Political analysts attributed this loss to the GOP’s continuing failure to win over women voters.
  • In the end, the explanation Hinckley offered was predictable and mundane: women were voting their economic interests.
  • Reagan spent quite a bit of time and energy in 1982 and 1983 trying to appeal to women. He nominated women to his cabinet and put energy into promoting accomplishments like expanded tax credits for childcare. He was not, however, willing to address the issue that his pollsters had identified as driving the gender gap; he continued to cut government benefits.
  • Reagan never really tried to win over Black women, for example; instead, he focused on white homemakers and professionals and tried to persuade those women that his economic policies were in their best interests.
  • At the same time, Democrats have recognized women more broadly as a key element of their coalition. The Democratic platform has continuously paid proportionally more attention to women’s issues such as abortion rights and family leave than the GOP platform.
  • That these were both bills specifically addressing women’s economic interests is unlikely to be an accident. Women drive Democratic victories, and women’s economic experiences drive their votes.
  • If Joe Biden manages to win in November, it is likely to be with the largest gender gap ever recorded. The question that should be on voters’ minds is what legislation women want him to act on first.
cartergramiak

Opinion | Conservatives Try to Lock In Power - The New York Times - 0 views

  • The death of the iconic Supreme Court Justice Ruth Bader Ginsburg has shocked the political world, altered the contours of the upcoming election and induced an overwhelming dread among liberals who fear some basic rights could now be in jeopardy.
  • it remains unclear whether the Senate will hold a vote before Election Day. If it did, it would represent a colossal act of hypocrisy since many of the same senators refused to even give Barack Obama’s last nominee, Merrick Garland, a hearing, arguing that it was inappropriate to fill a seat on the court in an election year.
  • But Republicans have the power to force a vote, and barring defections, they could exercise it.
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  • 78 percent of white evangelical voters are Republicans or lean Republican. So are 62 percent of white men without a college degree, 60 percent of rural southerners and 57 percent of people who attend religious services weekly.
  • the percentage of Americans who are not affiliated with a religion keeps rising — up 9 percentage points since 2009, to 26 percent in 2019 — and the percentage of people identifying as Christians keeps falling — down 12 percentage points, to 65 percent over the same decade
  • Lastly, the percentage of Americans with college degrees keeps rising, moving from 4.6 percent in 1940 to 36 percent in 2019.
  • Conservatives see all of these trends, and they are alarmed. So, they want to freeze time, or even turn it back. Their reading of the Constitution is stuck in the understanding of it when it was written. It is the same for religious texts. They want to return to a pre-1960s era, before the civil rights movement, women’s rights movement and the gay rights movement, before the Immigration and Nationality Act of 1965 and Roe v. Wade, before the Affordable Care Act and gay marriage, before there was a Black president and a browning country.
  • This is why they happily cheer Trump’s attack on immigrants — both legal and undocumented. It is why they encourage efforts to disenfranchise voters. It is why Trump’s attacks on cities resonate, as does his MAGA mantra.
  • Social progress is now on the chopping block. In this way, for many of us, Donald Trump’s legacy will likely be with us for the rest of our lives.
carolinehayter

Here Are The Senators to Watch in Supreme Court Justice Vote - The New York Times - 1 views

  • Republicans hold a narrow majority in the Senate, meaning they can only afford to lose a few votes in their push to confirm a replacement for Justice Ruth Bader Ginsburg.
  • The death of Justice Ruth Bader Ginsburg has touched off a partisan brawl in the Senate to confirm President Trump’s nominee to replace her, a vote that Senator Mitch McConnell of Kentucky, the majority leader, has vowed to hold.
  • With Democrats all but certain to unite in opposition to Mr. Trump’s nominee
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  • Ms. Collins, the lone New England Republican remaining in Congress and one of her party’s most politically endangered members, has been a pivotal swing vote in filling vacancies on the Supreme Court, and all eyes are on her in the battle to come.
  • Republicans hold a 53-to-47 majority in the Senate, meaning they can lose only three votes
  • — or at least the effort to consider one so close to the presidential election —
  • She is one of two Republican senators who support abortion rights, and has said she would not vote to confirm a nominee who would strike down the landmark 1973 Roe v. Wade
  • wait the results of the November presidential election, and the appointmen
  • In a carefully worded statement on Saturday, Ms. Collins, who is trying to defend her reputation as a m
  • the first Republican to explicitly say she would oppose a confirmation vote before the election. Any such vote, she said, should await the results of the November presidential election, and the appointment should ultimately be made by the person who won
  • the decision on a lifetime appointment to the Supreme Court should be made by the president who is elected on Nov. 3,”
  • She said Mr. Trump had the right to choose a nominee and that she had no objection to the Senate beginning to consider the person
  • Opposing a drive by Mr. Trump to swiftly install a successor to Justice Ginsburg could be a powerful way for her to repair her reputation with moderate voters who turned against her after her vote in 2018 to confirm Brett M. Kavanaugh to the Supreme Court.
  • Sara Gideon, her Democratic opponent, has already received millions of dollars raised based on Ms. Collins’s support for Justice Kavanaugh, and after Justice Ginsburg’s death, progressive groups were gearing up to pour more money into targeting voters there.
  • Senator Lisa Murkowski of Alaska was the lone Republican to oppose the confirmation of Justice Kavanaugh in 2018. Like Ms. Collins, she is one of the few remaining Republicans on Capitol Hill who supports abortion rights and has shown a willingness to break with her party in the past.
  • she joined Ms. Collins in saying that she would not support a confirmation vote before the Nov. 3 election.
  • Ms. Murkowski noted that she had also objected to filling the vacancy left by Justice Antonin Scalia’s death early in the final year of President Barack Obama’s second term. Now, less than two months before the November election, she said, “I believe the same standard must apply.”
  • Ms. Murkowski is not up for re-election until 2022
  • Senator Mitt Romney, Republican of Utah, had not yet been elected to Congress when the fight to confirm Justice Kavanaugh became a partisan brawl in the Senate.
  • has shown a willingness to break with the administration and the Republican Party.
  • Most notably, Mr. Romney became the first senator in American history to vote to remove a president of his own party from office during an impeachment trial — and the only Republican to vote to remove Mr. Trump.
  • he made no mention of his position in a statement and instead focused on paying tribute to Justice Ginsburg.
  • Senator Charles E. Grassley of Iowa, who led the Judiciary Committee in 2016, has said that he would not conduct Supreme Court confirmation hearings in a presidential election year, particularly given the Republican blockade of Merrick B. Garland,
  • But Mr. Grassley no longer oversees the committee. He gave no hint of his intentions in a statement after news of Justice Ginsburg’s death, praising her “sharp legal mind, tenacity and resilience.”
yehbru

With Nothing Else Working, Trump Races to Make a New Supreme Court Justice the Issue - ... - 0 views

  • the chance to fill a Supreme Court vacancy seemed like a political lifeline, a chance to mobilize supporters and talk about something, anything, other than the coronavirus that has killed 200,000 Americans.
  • he has propelled himself, his Republican allies and the country into a breakneck race to confirm a successor to Justice Ginsburg before the Nov. 3 election, bulldozing past the precedent his own party set four years ago in a gamble that the political payoff will outweigh any political cost.
  • If they act before the election, they may lock in a conservative majority on the court for the years. But if they hold off they may give voters on the right greater incentive to turn out to keep the Senate Republican, ensure Mr. Trump’s re-election and make it more likely that his pick is eventually seated.
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  • While plenty of Supreme Court nominees have been confirmed in presidential elections years, none has ever been approved so close to the election itself.
  • The last time any seriously contested selection for the court was rushed through so quickly at any point in the election cycle, counting from the date of the original nomination, was in 1949
  • Democratic donors chipped in $160 million online through ActBlue, the leading site for processing digital donations, in the first three days after Justice Ginsburg’s death.
  • on the day the nation passed the grim milestone of 200,000 killed by the virus
  • “A couple of days ago, the biggest issue in this election was Donald Trump’s handling of the pandemic. Now it’s a battle over the Supreme Court.”
  • “This is going to be a late deliverable, which combined with a Covid vaccine will be substantive issues for late deciders,” he said
  • In fact, the Constitution permits changing the number of seats on the court just as it permits the president and the Senate to confirm a nominee at any point in the election cycle, but neither has been the norm in modern times.
  • Anti-abortion voters have long been a bedrock of the Republican coalition and often more devoted to casting ballots on that issue than their counterparts. But polls show the broader electorate supports retaining Roe v. Wade, and Democrats hope that if the ruling appears to be threatened it will activate voters who support abortion rights.
  • While the White House would never say so publicly, by pushing to confirm a choice before voters render their judgment on him, Mr. Trump is effectively conceding that he could lose and therefore it would be better to fill the seat immediately.
  • Some Republican strategists said it would make more sense to proceed with hearings while holding back on a final vote until after the election to let conservative voters know what is at stake and give them a reward, in effect, for turning out.
martinelligi

Live Stream and Updates: Amy Coney Barrett Confirmation Hearing - The New York Times - 0 views

  • Justices do not set an agenda, Judge Barrett said, they respond to the cases that come before them. The description of the process was accurate, but also largely irrelevant in today’s legal world, where interest groups seek out and advance cases to come to the Supreme Court for the express purpose of getting justices to rule on policies to match their political beliefs.
  • “Judges cannot just wake up one day and say, ‘I have an agenda — I like guns, I hate guns, I like abortion, I hate abortion,’ and walk in like a royal queen and impose their will on the world,” Judge Barrett said.
    • martinelligi
       
      True, however our biases impact every decision we make and on such an important scale many things are at stake.
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  • Justice Scalia had famously written that the Roe v. Wade decision establishing abortion rights was wrongly decided and should be overturned, Judge Barrett refused to clarify her own views on the issue.
  • Judge Amy Coney Barrett declared at her Supreme Court confirmation hearing on Tuesday that she was “not here on a mission to destroy the Affordable Care Act” and would not “allow myself to be used as a pawn to decide this election for the American people.”
  • But at the same time, she declined to say whether she would recuse herself, if confirmed, from considering an upcoming case in which Republican states are trying again to get the Supreme Court to strike down the Affordable Care Act — or from any case that may arise if there is a legal dispute over the outcome of next month’s presidential election.
  • Supreme Court justices do not like to recuse themselves, in part because, unlike at the district and appeals court levels, there is no one to replace them if they step aside. If a justice decides to stay on a case despite accusations of a conflict of interest, there is no appeal.
  • Judge Barrett eventually defended herself to Senator Chris Coons, Democrat of Delaware, insisting that she had integrity “to apply the law as the law” and was not trying to achieve any political end
  • Asked about other issues — notably abortion rights — Judge Barrett spoke about the doctrine of “stare decisis,” which says the Supreme Court should be reluctant to revisit issues it has previously decided.
  • “In English, that means I interpret the Constitution as a law,” said Judge Barrett. “The text is text, and I understand it to have the meaning that it had at the time people ratified it. It does not change over time, and it is not up to me to update it or infuse my own views into it.”
    • martinelligi
       
      This is the end of the two separate articles I read on the matter- this page is a compilation.
carolinehayter

Amy Coney Barrett: Senate confirms Trump's Supreme Court nominee - CNNPolitics - 0 views

  • Senate Republicans voted to confirm President Donald Trump's Supreme Court nominee Judge Amy Coney Barrett on Monday, a major victory for the President and his party just days before November 3, that could push the high court in a more conservative direction for generations to come.
    • carolinehayter
       
      I have no words. I knew it was inevitable but that doesn't make it any less devastating
  • The vote was 52-48. Republican Sen. Susan Collins of Maine, who is in a tough reelection fight, was the only GOP senator to cross party lines and vote with Democrats against the nomination after having expressed concerns that it's too close to Election Day to consider a nominee.
  • The stakes in the Supreme Court battle are immense and come at a pivotal time in American politics in the run up to an election in which control of Congress and the White House are on the line.
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  • Trump's appointment of a new Supreme Court justice marks the third of his tenure in office, giving Republicans a historic opportunity to deliver on the key conservative priority and campaign promise of transforming the federal courts through lifetime appointments.
  • Barrett, who is 48 years old, is likely to serve on the court for decades and will give conservatives a 6-3 majority on the Supreme Court, a shift in its makeup that could have dramatic implications for a range of issues that could come before it, including the future of the Affordable Care Act and any potential disputes regarding the 2020 election.
  • They moved to confirm Barrett over the objections of Democrats who have argued that the process has been a rushed and cynical power grab that threatens to undermine Ginsburg's legacy.
    • carolinehayter
       
      That and it was also immensely hypocritical (Garland)
  • Senate
  • Senate Republicans, who hold a majority in the cham
  • Senate Republicans, who hold a majority in the chamber, pushed ahead with one of the quickest nomination proceedings in modern times following the death of the late Justice and liberal icon Ruth Bader Ginsburg last month
  • "By any objective standard, Judge Barrett deserves to be confirmed to the Supreme Court. The American people agree. In just a few minutes, she'll be on the Supreme Court," Senate Majority Leader Mitch McConnell said ahead of the final confirmation vote
  • The confirmation battle has played out in a bitterly-divided Senate, but the outcome has not been in question for much of the fight. With few exceptions, Senate Republicans quickly lined up in support of Barrett after her nomination by President Trump, while Democrats united in opposition.
  • Two Republican senators crossed party lines to vote with Democrats in opposition to a key procedural vote on Sunday -- Collins and Lisa Murkowski of Alaska.Murkowski announced that she would ultimately vote to confirm Barrett in the final vote
  • Senate Republicans largely rallied around the nomination, however, praising Barrett as exceedingly qualified to serve on the Supreme Court
  • Senate Democrats, in contrast, have decried the nomination and the confirmation process. Democrats have warned that Barrett's confirmation will put health care protections and the Affordable Care Act in jeopardy. They have argued that the confirmation process has been rushed and accused Republicans of hypocrisy in moving ahead with the nomination after blocking consideration of former President Obama's Supreme Court nominee Merrick Garland in 2016.
    • carolinehayter
       
      The ACA, abortion access, marriage equality, immigrant rights, the 2020 election, and so much more are now in jeopardy
  • Democrats, who are in the minority, have been limited in their ability to oppose the nomination, but have protested the process in a variety of ways.
  • When the Senate Judiciary Committee voted to advance the nomination, Democratic senators on the panel boycotted the vote, filling their seats instead with pictures of people who rely upon the Affordable Care Act in an effort to draw attention to an upcoming case on the health care law's constitutionality and their arguments that Barrett's confirmation would put the law at risk.
  • During confirmation hearings, Democrats sought to elicit answers from Barrett on a number of controversial topics the Supreme Court could take up. Barrett repeatedly declined, however, to specify how she might rule on a range of topics, from the Affordable Care Act to Roe v. Wade and the high court's ruling legalizing same-sex marriage.
  • Barrett explained during the hearings that she shared a philosophy with the late conservative Justice Antonin Scalia, whom she clerked for, but argued she would not be an identical justice if she is confirmed.
saberal

Opinion | Is Amy Coney Barrett Joining a Supreme Court Built for the Wealthy? - The New... - 0 views

  • Much of the public anxiety about Amy Coney Barrett — judge on the U.S. Court of Appeals for the Seventh Circuit, Notre Dame law professor and Donald Trump’s nominee for the Supreme Court — has focused on the question of abortion, and whether as a believer in originalism and a practicing Catholic she would be likely to vote to reverse Roe v. Wade.
  • Although we don’t usually think of it this way, the decisions of the Supreme Court have the power to affect the quality of the air we breathe, the pay we receive and the conditions under which we work, by determining what kinds of business and industry regulations are constitutional.
  • With a 6-3 conservative court, the country is at risk of having the few remaining tools that permit some limits on the power of business — like labor unions and environmental legislation — weakened still further.
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  • As a federal appeals judge, Judge Barrett has often ruled in ways friendly to employers. She has joined rulings that stopped a case in which the U.S. Equal Employment Opportunity Commission objected to a company that allegedly assigned workers to particular geographic locations based on race and ethnicity and that limit the scope of laws prohibiting age discrimination.
  • In the following decades, the court became publicly associated with liberalism and civil rights. But just as the conservatives of an earlier generation recognized that the courts could be used to override majorities that pushed for limitations of property rights, in the summer of 1971, the lawyer Lewis Powell wrote a memorandum for the United States Chamber of Commerce, “Attack on the American Free Enterprise System.”
  • Soon after, Richard Nixon nominated Powell for the Supreme Court; he was a justice for 15 years, and his rulings helped to expand the First Amendment rights enjoyed by corporations, paving the way for Citizens United.
  • But these cases in themselves are less significant than the underlying question: Will the Supreme Court become once more what it was in the early 20th century
  • And it could mean that — as has so often been the case in recent years — workers, ordinary citizens and the very possibility of democratic governance will again lose out.
clairemann

Briefs Draw Battle Lines as Texas Abortion Law Nears Supreme Court - The New York Times - 0 views

  • The justices, who will hear arguments on Monday in two cases challenging the state’s near-total ban, required the parties to file their briefs with extraordinary speed.
  • The court will hear arguments on Monday in two different challenges, one brought by abortion providers in the state and the other by the Justice Department. The court’s scheduling order required the two sides to file their opening briefs simultaneously, with responses due on Friday.
  • Both challengers said the law, which bars most abortions after six weeks of pregnancy, is at odds with Roe v. Wade, which prohibits states from banning abortions before fetal viability, or around 23 weeks. They added that the law, known as Senate Bill 8, was cynically drafted to avoid review by federal courts.
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  • “S.B. 8 was designed to nullify this court’s precedents and to shield that nullification from judicial review,” wrote Brian H. Fletcher, the acting solicitor general, in the federal government’s brief. “So far, it has worked: The threat of a flood of S.B. 8 suits has effectively eliminated abortion in Texas at a point before many women even realize they are pregnant, denying a constitutional right the court has recognized for half a century.”
  • The patient may not be sued, but doctors, staff members at clinics, counselors, and people who help pay for the procedure or drive patients to it are all potential defendants. Plaintiffs do not need to live in Texas, have any connection to the abortion or show any injury from it, and they are entitled to at least $10,000 and their legal fees if they win. Defendants who win their cases are not entitled to legal fees.
  • “Where, as here, a state enacts a blatantly unconstitutional statute, assigns enforcement authority to everyone in the world and weaponizes the state judiciary to obstruct those courts’ ability to protect constitutional rights,” the brief said, “the federal courts must be available to provide relief.”
  • The law effectively deputizes ordinary citizens — including those from outside Texas — allowing them to sue clinics and others who violate the law. It awards them at least $10,000 per illegal abortion if they are successful.
  • Ken Paxton, Texas’ attorney general, filed a single brief in both cases, arguing that neither the federal government nor the providers were entitled to sue. The right way to challenge the law, Mr. Paxton said, was for abortion providers to violate it, be sued in state court, and present constitutional or other arguments as defenses.
  • “If Texas is right, no decision of this court is safe,” he wrote in his brief. “States need not comply with, or even challenge, precedents with which they disagree. They may simply outlaw the exercise of whatever constitutional rights they disfavor; disclaim enforcement by state officials; and delegate the state’s enforcement authority to members of the general public by empowering and incentivizing them to bring a multitude of harassing actions threatening ruinous liability — or, at a minimum, prohibitive litigation costs.”
clairemann

Americans no longer have faith in the US supreme court. That has justices worried | Rus... - 0 views

  • Our highest court is facing a legitimacy crisis and is in desperate need of reform. And yet, due to the deadlock that seems to be Congress these days, I too often hear the rebuke to US supreme court reform, “None of these reforms will happen, so what is the point of talking about them?”
  • We need only look to the number of justices who have felt the need recently to speak up on behalf of the court, in an attempt to justify its egregious abuse of judicial norms and processes, to know the justices are listening.
  • Most recently, Justice Samuel Alito gave a speech at the University of Notre Dame that can only be described as an attempted takedown of the press.
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  • the press for using the term “shadow docket”, a term coined by a conservative law professor. All Justice Alito succeeded in doing, however, is proving his sensitivity to the public discourse about the court.
  • Nobody is forcing this conservative supermajority to use the shadow docket to rewrite American jurisprudence. Pregnant people in Texas no longer have a constitutional right to abortion because five justices on the supreme court opted to nullify Roe v Wade by way of the shadow docket.
  • “beyond recognition” in order to “justify” reimposing juvenile life without parole. The court rejected its own decisions in cases decided just nine and five years ago respectively. When precedent is so blatantly ignored, it is difficult to explain the court’s change in direction but for politics.
  • Such a claim of ethical clarity just isn’t credible when it is uttered on stage right next to the person most responsible for the partisan gamesmanship that packed the court. What Justice Barrett did succeed in doing with her remarks is to confirm just how closely justices listen to the public narrative about the court – and how sensitive they are to it.
  • The justices, through their own actions and words, have demonstrated their vulnerability to public pressure in support of court reform. Turns out, justices do not like being told they have no clothes on.
  • As the court delves into its new term, it should have no doubt that all eyes will be upon it. If they want to escape it, rather than hoping the press will be cowed into submission, the justices of the court might consider fulfilling the mission of the institution they embody, by upholding constitutional rights and respecting judicial norms.
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