Heather Cox Richardson

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April 26, 2023 (Wednesday)

[Warning: the third and fourth paragraphs of this piece refer to the E. Jean Carroll lawsuit.]

Well, the Republicans did it. After middle-of-the-night negotiations to include more of the far right’s wish list, House Republicans passed a bill agreeing to a short-term raising of the debt ceiling, so long as it is accompanied by massive spending cuts and a rollback of Biden’s major accomplishments. The bill squeaked through by a vote of 217 to 215, mostly along party lines. Four extremist Republicans voted no because they believed the measure didn’t go far enough to slash spending.

The administration reiterated that it would not negotiate over paying the nation’s bills. “In our history, we have never defaulted on our debt or failed to pay our bills,” White House Press Secretary Karine Jean-Pierre said in a statement. “Congressional Republicans must act immediately and without conditions to avoid default and ensure that the full faith and credit of the United States is not put at risk. That is their job. Economists have warned that default could spark a dangerous financial crisis, lead to a recession costing millions of Americans their jobs, endanger hard-working Americans’ retirement savings, and increase long-term federal borrowing costs, adding to deficits and debt. We are not a deadbeat nation.”

“I am here because Donald Trump raped me, and when I wrote about it, he said it didn’t happen,” E. Jean Carroll said in court today for the former president’s civil trial for rape. “He lied and shattered my reputation, and I am here to try to get my life back.” Carroll offered a detailed account of what she says was Trump’s attack nearly 30 years ago, an attack that warped her life.

While she testified, Trump attacked Carroll on social media. The judge overseeing the case, U.S. District Judge Lewis Kaplan, warned Trump’s lawyer that his client’s statement was “entirely inappropriate,” saying he was trying to influence the jury. Any more commentary might open up “a new source of potential liability,” Kaplan said. The lawyer said he would do the best he could to silence Trump, but later in the day, Trump posted another attack and his son Eric Trump followed suit.

“I wanted to address my senators, Cruz and Cornyn,” Amanda Zurawski told the Senate Committee on the Judiciary today at a hearing on reproductive rights in the wake of the Supreme Court’s overturning of the Roe v. Wade decision. Zurawski’s water broke 18 weeks into her pregnancy, making it impossible for her fetus to survive. Because of the vague and extreme antiabortion bill Texas lawmakers had passed, her health care providers refused to treat her so long as the fetus had a heartbeat, denying her an abortion. Zurawski developed deadly sepsis and, after giving birth to a stillborn daughter, spent three days in intensive care as doctors worked to save her life.

Zurawski said she wanted the two Texas Republican senators to know “that what happened to me I think most people in this room would agree was horrific. But it’s a direct result of the policies they support. I nearly died on their watch, and…I may have been robbed of the opportunity to have children in the future. And it’s because of the policies that they support.”

Neither Cruz nor Cornyn showed up to hear her. Cornyn later said Zurawski should consider suing her doctors for misinterpreting the law. Zurawski responded: “[M]y physician and my team of health care professionals that I saw over the course of three days, while I was repeatedly turned away from health care access, made the decision to not provide an abortion because that’s what they felt they had to do under Texas’ law…. And that will continue to happen and it is continuing to happen, and it’s not a result of misinterpretation. It’s the result of confusion, and the confusion is because [of] the way the law is written.”

Today, the Walt Disney Company sued Florida governor Ron DeSantis over his “relentless campaign to weaponize government power” and attack free speech. Disney’s former chief executive officer last year spoke out against the governor’s law prohibiting teachers from mentioning sexual orientation or gender identity.

“For more than half a century,” the lawsuit reads,” Disney has made an immeasurable impact on Florida and its economy, establishing Central Florida as a top global tourist destination and attracting tens of millions of visitors to the State each year. People and families from every corner of the globe have traveled to Walt Disney World,” but that relationship is now in jeopardy, the lawsuit warns. “A targeted campaign of government retaliation—orchestrated at every step by Governor DeSantis as punishment for Disney’s protected speech—now threatens Disney’s business operations, jeopardizes its economic future in the region, and violates its constitutional rights.”

Meanwhile, DeSantis is overseas on what has been billed as a trade mission.

Tonight, the Washington, D.C., Circuit Court of Appeals denied Trump’s last-ditch attempt to prevent former vice president Mike Pence from testifying before the grand jury investigating Trump’s attempt to overthrow the results of the 2020 presidential election. The grand jury has issued a subpoena for Pence; Trump tried to argue that Pence’s testimony was barred because of executive privilege. The court of appeals disagreed.

Today, two associates of former Trump ally Steve Bannon were sentenced to four years and three years in prison for soliciting donations for their “We Build the Wall” charity and then pocketing the money. Bannon was also charged in the case, but Trump pardoned him for his involvement in it before he left office.

Meanwhile, in Washington, D.C., today, President Joe Biden and President Yoon Suk Yeol of South Korea reaffirmed what Biden called the “ironclad” alliance between the two countries. They announced a new agreement, the so-called Washington Declaration, to increase cooperation in order to strengthen the message of nuclear deterrence conveyed to North Korea. This deterrence will include military training and exercises, the establishment of a joint nuclear consultative group, and the visit of a nuclear-armed submarine to South Korea. “We’re not going to be stationing nuclear weapons on the peninsula, but we will have visits to ports, visits of nuclear submarines and things like that,” Biden said.

“A nuclear attack by North Korea against the United States or its allies and partners is unacceptable and will result in the end of whatever regime were to take such an action,” he added, a public reassurance Yoon was hoping to receive when he arrived in Washington. Nervous about North Korean development of nuclear weapons, a majority of South Koreans want to develop their own nuclear weapons, a stance the U.S. strongly opposes.

This official state visit, the second of the Biden presidency, reinforced the changing political landscape in the Indo-Pacific, where the United States seeks to support Japan and South Korea to counter the growing power of China. Since 2021, Korean businesses have invested more than $100 billion in the U.S., an investment that the White House says will create more than 40,000 new jobs here, while the U.S., in turn, is investing in South Korea. The presidents vowed to continue to work together to secure supply chains, develop clean energy, and cooperate on cybersecurity and emerging technologies.

Biden and Yoon have met four times before, and the mood at the White House after the announcement was friendly and celebratory. At tonight’s dinner in President Yoon’s honor, the attendees gave the South Korean leader a standing ovation when he sang the first verse of Don McLean’s 1971 rock ballad “American Pie.”

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April 27, 2023 (Thursday)

Catie Edmondson and Carl Hulse in the New York Times yesterday noted that House speaker Kevin McCarthy (R-CA) cannot bring his conference together behind a budget plan. He wanted to pass a bill demanding major concessions from President Biden before the Republicans would agree to raise the debt ceiling, both to prove that he could get his colleagues behind a bill and to put pressure on the Biden administration to restore the old Republican idea that the only way to make the economy work is to slash taxes, business regulation, and government spending.

McCarthy was pleased to have passed his measure with not a single vote to spare, but it appears he got the vote because everyone knew it was dead on arrival at the Senate. According to Edmonson and Hulse, McCarthy got the bill through only by begging his colleagues to ignore the provisions of the measure because it would never become law. He urged them to focus on the symbolic victory of showing Biden they could unite behind cuts.

But today at the Brookings Institution, National Security Advisor Jake Sullivan outlined a very different vision of the global economy and American economic leadership. First of all, just the fact this happened is significant: Sullivan is a national security advisor, and he was talking about economics. He outlined how Biden’s “core commitment,” “his daily direction” is “to integrate domestic policy and foreign policy.”

Sullivan argued for a new economic approach to the challenges of the twenty-first century. The Biden administration is trying to establish “a fairer, more durable global economic order, for the benefit of ourselves and for people everywhere.”

The U.S. faces economic challenges, he noted, many of which have been created by the economic ideology that has shaped U.S. policy for the past 40 years. The idea that markets would spread capital to where it was most needed to create an efficient and effective economy has been proven wrong, Sullivan said. The U.S. cut taxes and slashed business regulations, privatized public projects, and pushed free trade on principle with the understanding that all growth was good growth and that if we lost infrastructure and manufacturing, we could make up those losses in finance, for example.

As countries lowered their economic barriers and became more closely integrated with each other, they would also become more open and peaceful.

But that’s not how it played out. Privileging finance over fundamental economic growth was a mistake. The U.S. lost supply chains and entire industries as jobs moved overseas, while countries like China discarded markets in favor of artificially subsidizing their economies. Rather than ushering in world peace, the market-based system saw an aggressive China and Russia both expanding their international power. At the same time, climate change accelerated without countries making much effort to address it. And, most of all, the unequal growth of the older system has undermined democracy.

Biden has attempted to counter the weaknesses of the previous economic system by focusing on building capacity to produce and innovate, resilience to withstand natural disasters and geopolitical shocks, and inclusiveness to rebuild the American middle class and greater opportunity for working people around the world.

After two years, the results have been “remarkable.”

Large-scale investment in semiconductor and clean energy production has jumped 20-fold since 2019, with private money following government seed money to mean about $3.5 trillion in public and private investment will flow into the economy in the next decade. Building domestic capacity will bring supply chains home and create jobs.

But this vision is not about isolating the United States from other countries. Indeed, much of the speech reinforced U.S. support for the positions of the European Union.

Instead, the U.S. is encouraging our allies—including developing nations—to build similarly to increase our united economic strengths and to enable the world to address climate change together, a field that offers huge potential for economic growth. The Indo-Pacific Economic Framework with 13 Indo-Pacific nations is designed to create international economic cooperation in that region, and the Americas Partnership for Economic Prosperity, which includes Barbados, Canada, Chile, Colombia, Costa Rica, the Dominican Republic, Ecuador, Mexico, Panama, Peru, and Uruguay, is designed to do the same here in the Americas. The U.S.-E.U. Trade and Technology Council and our trilateral coordination with Japan and Korea are part of the same economic program.

With this economic approach, the U.S. does not seek to cut ties to China, but rather aims to cut the risks associated with supply chains based in China by investing in our own capacities, and to push for a level playing field for our workers and companies. The U.S. has “a very substantial trade and investment relationship” with China that set a new record last year, and the U.S. is looking not to create conflict but to “manage competition responsibly” and “work together on global challenges like climate, like macroeconomic stability, health security, and food security.” “But,” he said, “China has to be willing to play its part.”

In today’s world, Sullivan said, trade policy is not just about the tariff deals that business leaders have criticized the administration for neglecting. It is about a larger economic strategy both at home and abroad to build economies that offer rising standards of living for working people.

The administration is now focusing on labor rights, climate change, and banking security in this larger picture. Through organizations like the Partnership for Global Infrastructure and Investment the administration hopes to mobilize hundreds of billions of dollars in financing in the next seven years to build infrastructure in low- and middle-income countries and to relieve debt there.

“The world needs an international economic system that works for our wage-earners, works for our industries, works for our climate, works for our national security, and works for the world’s poorest and most vulnerable countries,” Sullivan said. That means replacing the idea of free markets alone with “targeted and necessary investments in places that private markets are ill-suited to address on their own.” Rather than simply adjusting tariff rates, it means international cooperation.

And, Sullivan said, “it means returning to the core belief we first championed 80 years ago: that America should be at the heart of a vibrant, international financial system that enables partners around the world to reduce poverty and enhance shared prosperity. And that a functioning social safety net for the world’s most vulnerable countries is essential to our own core interests.”

This strategy, he said, “is the surest path to restoring the middle class, to producing a just and effective clean-energy transition, to securing critical supply chains, and, through all of this, to repairing faith in democracy itself.” He called for bipartisan support for this approach to the global economy.

Sullivan noted that the phrase “a rising tide lifts all boats” came from President John F. Kennedy, not from later supply-side ideologues who used it to defend their tax cuts and business deregulation. “President Kennedy wasn’t saying what’s good for the wealthy is good for the working class,” Sullivan said, “He was saying we’re all in this together.”

Sullivan quoted Kennedy further: “If one section of the country is standing still, then sooner or later a dropping tide drops all the boats. That’s true for our country. That’s true for our world. [And] economically, over time, we’re going to rise—or fall—together.”

“And that goes for the strength of our democracies as well as for the strength of our economies.”

Foreign policy journalist Laura Rozen noted that David Wessel of Brookings asked Sullivan for a quick summary of this new economic vision. Sullivan answered: “We’re at a moment now where we need to build capacity to build the goods & invent the technologies of [the] future & we’re going to make the investments to do that—us, +everyone who wants to be in on [the] deal. & then we’re going to build the resilience we need…so that no natural disaster or geopolitical shock can stop us from getting things we need when we need them….”

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This is an epitaph isn’t it?

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I see it more as a call for a major course correction. We shouldn’t repeat those policies, because they are helping others to make us poorer, financially and politically. We paid a huge price because corporate greed made us dependent on foreign and domestic forces who seek control above all else.

The GOP is pushing hard to keep those old schemes in place, even if it pushes the US right over a cliff. The Democratic opposition is working hard to raise awareness of how we got here, and how we can do better in the future. In the meantime, China is working on economic agreements in countries around the world to retain and expand their dominance or influence. It needs to be clear that those pro-Russia and pro-China voices in the GOP are only interested in selling us out.

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April 28, 2023 (Friday)

According to the nonpartisan Economic Policy Institute, legislatures in at least ten states have set out to weaken federal child labor laws. In the first three months of 2023, legislators in Iowa, Minnesota, Missouri, Nebraska, Ohio, and South Dakota introduced bills to weaken the regulations that protect children in the workplace, and in March, Arkansas governor Sarah Huckabee Sanders signed a law repealing restrictions for workers younger than 16.

Those in favor of the new policies argue that fewer restrictions on child labor will protect parents’ rights, but in fact the new labor measures have been written by the Foundation for Government Accountability (FGA), a Florida-based right-wing think tank. FGA is working to dismantle the federal government to get rid of business regulations. It has focused on advancing its ideology through the states for a while now, but the argument that its legislation protects parental rights has recently enabled them to wedge open a door to attack regulations more broadly.

FGA is part of a larger story about Republicans’ attempt to undermine federal power in order to enact a radical agenda through their control of the states.

That goal has been part of the Republican agenda since the 1980s, as leaders who hated federal regulation of business, provision of a social safety net, and protection of civil rights recognized that a strong majority of Americans actually quite liked those things and getting Congress to repeal them would be a terribly hard sell. Instead, Republicans used their control of federal courts to weaken the power of the federal government and send power back to the states.

Historically, states have been far easier than the much larger, more diverse federal government for a few wealthy men to dominate. After 1986, Republicans began to restrict voting in the states they controlled, giving themselves an advantage, and after 2010 they focused on taking over the states through gerrymandering. This has enabled them to stop Congress from enacting popular legislation and has created quite radical state legislatures. Currently, in 29 of them, Republicans have supermajorities, permitting them to legislate however they wish.

The process of taking control of the states by choosing who can vote got stronger today when the North Carolina Supreme Court, now controlled by Republicans, revisited an earlier ruling concerning partisan gerrymandering. Overruling the previous decision, the court green-lighted partisan gerrymandering, opening the door for even more extreme gerrymanders in the future. The court also okayed voter restrictions that primarily affect Black people.

Gutting the federal government and throwing power to the states makes it easier for business leaders to cozy up to legislators and slash business regulations. It also enables a radical minority to enact its own worldview despite the wishes of the state. This dynamic is very clear over abortion rights and gun safety.

Last June, quite dramatically, the Supreme Court overturned federal protection of the right to an abortion guaranteed in the 1973 Roe v. Wade decision. In the Dobbs v. Jackson Women’s Health decision the right-wing court said that decisions about abortion rights belonged to voters at the state level.

But as the last ten months have made clear, the right wing does not really intend to let the voters of the states make decisions that contradict right-wing ideology.

After the Dobbs decision, Republican-dominated legislatures immediately began to restrict the right to abortion, although it remains popular in the country and voters have rejected extreme abortion restrictions in every special election held since the decision. Now Republican legislators in Ohio are trying to head off an abortion rights amendment scheduled for a popular vote in November by requiring 60% of voters, rather than 50%, to amend the state constitution.

Gun safety shows the same pattern. A new Fox News poll out yesterday shows that 87% of voters favor background checks for gun purchases, 81% favor making 21 the minimum age to buy a gun, 80% want mental health care checks on all gun buyers, 80% want flags for people who are dangerous to themselves or others, 77% want a 30-day waiting period to buy a gun, and 61% want an assault weapons ban.

And yet, Republican majorities in state legislatures are rapidly rolling back gun laws. Republican lawmakers in the Tennessee legislature went so far recently as to expel two young Black representatives when they encouraged protesters after the majority quashed their attempts to introduce gun safety measures after a mass shooting in Nashville. But they were not alone. Last week, when the Nebraska senate passed a permitless concealed carry law, Melody Vaccaro, executive director of Nebraskans Against Gun Violence, shouted “Shame!” multiple times. She has since been “barred and banned” from the Nebraska statehouse.

The attempt of a radical minority to enforce their will on the rest of us, who constitute a majority, by stealing control of the states and then, through them, control of the federal government is precisely what the Confederates tried to do before the Civil War: it is no accident that one of the insurrectionists who attacked the U.S. Capitol on January 6, 2021, carried a replica of a Confederate battle flag.

And yet, in the wake of the Civil War, when former Confederates tried to dominate their Black neighbors despite the defeat of their ideology on the battlefields, Congress tried to make it impossible to pervert our democracy by capturing the states. It passed and in 1868 the states ratified the Fourteenth Amendment to the Constitution, putting into our fundamental laws the principle that the federal government trumps state power.

It reads, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws,” and it gives Congress the “power to enforce…the provisions of this article.”

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April 29, 2023 (Saturday)

A self-portrait from our trip up the coast a few weeks ago. Perfect commentary on the solution to a very long week.

I’ll see you tomorrow.

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April 30, 2023 (Sunday)

Thanks to Heather Timmons, White House editor for Reuters, whom I met a lifetime ago in summer 2016 as we tried to figure out what on earth was going on in the Republican Party, I got to hear President Biden’s speech at the White House Correspondents’ Dinner in person last night. Speaking in the giant hall in the Washington Hilton where the event was held, the president was relaxed and funny, poking fun at himself, entrepreneur Elon Musk, former Fox News Channel host Tucker Carlson, and House speaker Kevin McCarthy (R-CA). Finally, he embraced the Dark Brandon meme that suggests he has a laser-eyed alter-ego who ingeniously defeats his opponents.

Biden also joked about his age, most memorably when he said he believes in the First Amendment that protects freedom of the press, and “ not just because my good friend Jimmy Madison wrote it.”

But right now, the First Amendment itself is no joke. A member of the U.S. press corps is in prison in Russia on trumped-up charges of “espionage.” Wall Street Journal reporter Evan Gershkovich was covering Russia’s mercenary military organization the Wagner Group when Russian officials arrested him on March 29. The U.S. State Department has called him “wrongfully detained,” which means the government sees him as a political hostage.

In contrast, around 2,600 people showed up last night to witness humorist Roy Wood Jr. make fun of the president and vice president to their faces. It was theater, but theater that demonstrates an important principle: our government has no right to silence our criticism of it.

The Framers of our government enshrined the right to freedom of the press in our Constitution along with the right to gather together, to practice any religion we want (including none at all), the right to say what we want, and the right to ask our government to do (or not to do) things. After writing a new constitution that created a far stronger national government than existed under the Articles of Confederation, which had created the government since 1777 (although the Articles were not ratified until 1781), the Framers designed the ten amendments that make up the Bill of Rights to hold back government power.

The power to control what citizens can publish about the government would give leaders the power to destroy democracy. A free press is imperative to keep people informed about what leaders are doing. Lose it, and those in power can do whatever they wish without accountability.

From the beginning of the American republic, though, the press was openly partisan. This meant the president worked quite closely with newspaper reporters from his own party, while ignoring, or sometimes even trying to silence, his opponents. By the 1880s the country had begun to turn against the partisan press and to “independent” newspapers, and the number of papers took off.

No longer advocates for a party position and eager to attract readers, reporters began to look for new, exciting stories. And not much was more exciting in 1886 than a marriage in the White House. On June 2 of that year, 49-year-old President Grover Cleveland married 21-year-old Frances Folsom, who had been his unofficial ward, in the Blue Room.

Reporters had dogged their courtship (many thought he was interested in her more age-appropriate mother), and they flocked after the newlyweds, finally prompting the irritated president to ask his personal secretary to keep them away. But while the president was angry at the scrutiny, editors recognized a good story, and by the end of Cleveland’s first term, a reporter had figured out he could just stay at the White House and write columns based on interviews with people coming from meetings with the president. Other papers immediately stationed their own people at the White House.

In Cleveland’s second term, which started in 1893, his private secretary worked directly with the press. Through the next few presidencies, the role of press secretary began to take shape. Theodore Roosevelt relished attention from reporters. When his shy successor William Howard Taft shunned them, they complained he was hiding things.

So, shortly after he took office in 1913, President Woodrow Wilson held the nation’s first press conference, only to complain both that reporters were quoting statements he considered off the record, and that the conferences were a free-for-all in which anyone could shout out questions, often ones Wilson found Irritating (like his opinion about Groundhog Day).

In 1914, rumors circulated that Congress might begin to choose which reporters would be allowed at Wilson’s press conferences. In alarm, eleven White House reporters organized the White House Correspondents’ Association (WHCA). In 1921, as part of their annual election of officers, fifty members of the growing WHCA held a dinner. With former newspaperman Warren G. Harding in the White House, they were in a celebratory mood, despite Prohibition (which they ignored). Taking their cue from the famous Gridiron Club, which held dinners where they roasted politicians, WHCA members poked fun at the administration and Congress.

While at first the reporters simply wanted access to the president, as the WHCA became an established force it came to work for transparency more generally, recognizing that journalists are the main eyes and voice of the people. It now protects press passes for journalists who regularly cover the White House and assigns seats in the briefing room. It also funds scholarships for aspiring journalists and gives journalism awards; the annual dinner is their main fundraising event.

In the modern era there is plenty of criticism over the glitzy dinner and what seems too much chumminess between journalists and lawmakers. But the demonstration that the government cannot censor the press is valuable. For the four years of the past administration, the president refused to attend the dinner and barred his staff and other officials from attending.

The same president called the press the “enemy of the people,” encouraging his supporters to attack reporters. Angry at negative stories about him from Voice of America, Trump replaced the independent editor of the U.S. Agency for Global Media, which oversees VOA, with Michael Pack, a close ally of Trump strategist Steve Bannon. Pack set out to turn the channel into a pro-Trump mouthpiece. U.S. District Judge Beryl Howell later concluded that Pack’s firing, disciplining, and investigating of journalists who didn’t toe the line violated the First Amendment.

The dance between the government and the press is intricate and full of missteps, but last night, at an event where journalists wore pins that read, “I Stand With Evan,” this historian found the public reminder that the president must answer to journalists, with grace if at all possible, oddly moving.

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May 1, 2023 (Monday)

Treasury Secretary Janet Yellen wrote to House speaker Kevin McCarthy (R-CA) today to warn him that the Treasury will be unable to pay the government’s bills by early June, possibly as early as June 1. She wrote: “I respectfully urge Congress to protect the full faith and credit of the United States by acting as soon as possible.”

President Biden promptly called McCarthy and House minority leader Hakeem Jeffries (D-NY), along with Senate majority leader Chuck Schumer (D-NY) and Senate minority leader Mitch McConnell (R-KY) for a meeting on May 9 to discuss the crisis. The delay is caused by the fact that the House is not in session and McCarthy is in Israel with a House delegation. They will have only a week to confer before Biden is off to Japan for the 2023 summit of the International Group of Seven, or G7, a political forum consisting of Canada, France, Germany, Italy, Japan, the United Kingdom and the United States, along with the European Union, which is a “non-enumerated member.”

Biden has said his position remains the same: he will not negotiate over paying the nation’s bills, although he is happy to negotiate over the national budget as part of the normal process.

Last week, the House passed a bill that would raise the debt ceiling for about a year and cap government spending at 2022 levels, which amounts to cuts of about $130 billion in non-defense spending.

Republicans are angry at a warning from the Department of Veterans Affairs— the VA— that the House bill will force a 22% cut to the department’s budget, costing 81,000 jobs in health services, reducing outpatient visits for veterans by 30 million, increasing food insecurity for about 1.3 million veterans, and adding 134,000 claims to disability backlogs. Republicans insist this is a lie, but they have declined to say where their cuts would come from.

Meanwhile, Schumer wrote to his colleagues today to condemn what he called the Republicans’ “Default on America Act,” or “DOA,” which “offers two choices: either default on the debt or default on America, forcing steep cuts to law enforcement, veterans, families, teachers, and kids.” He said that the bill would “gut Medicaid for over 20 million Americans, rip away SNAP benefits for over a million recipients and eliminate Pell grants for tens of thousands of American students every year.”

Schumer has prepared for the Senate to take up two bills: a clean debt ceiling bill and McCarthy’s bill, which if it passes would become part of normal budget negotiations.

In another story with major implications, tomorrow the Senate Judiciary Committee will hold a hearing on Supreme Court ethics. Supreme Court justices are the only federal judges that are not explicitly bound by a code of conduct and, aside from the decisions that have made the justices seem to be advancing a political agenda, the court appears to be plagued with ethics scandals. Confidence in the court is draining away.

After Justice Samuel Alito’s early draft of the Dobbs v. Jackson Women’s Health decision of last June leaked, an angry chief justice vowed to find the leaker, only to have an antiabortion activist claim in December that he and his colleagues had courted the goodwill of justices with donations to the Supreme Court Historical Society. He claimed that he had received advance notice of the court’s decision in the Burwell v. Hobby Lobby case, important to antiabortion activists, from someone connected to Justice Alito.

Alito claimed the Dobbs leak had made the justices “targets for assassination” and the final report on the Dobbs leak called the leak “a grave assault on the judicial process,” but the report said investigators could not determine who had leaked. Court employees had been grilled, but it was not clear that the justices themselves had been questioned.

Then, last month, ProPublica reported that Justice Clarence Thomas did not disclose gifts and trips worth hundreds of thousands of dollars from Republican megadonor Harlan Crow, or that Crow had bought and improved a home in which Thomas’s mother still lives.

Then, Politico reported that Justice Neil Gorsuch did not disclose the purchaser of his jointly-owned log home in Colorado. After two years on the market, the house sold nine days after Gorsuch was confirmed to the court; Gorsuch reported making between a quarter- and a half-million dollars on the sale. The buyer was the head of Greenberg Traurig, a law firm that has been involved in at least 22 cases before the court since Gorsuch joined it.

In late April, Insider reported another appearance of conflict: a whistleblower filed an official complaint against Chief Justice Roberts himself in December, alleging that he had listed his wife’s income as “salary” when the $10.3 million she received from 2007 to 2014 came from commissions paid by corporations and law firms for her work as a legal recruiter.

On April 20 the chair of the Senate Judiciary Committee, Dick Durbin (D-IL) invited Chief Justice John Roberts or anyone he designated to testify about how Supreme Court justices address ethical issues. “The status quo is no longer tenable,” wrote Durbin. “The time has come for a new public conversation on ways to restore confidence in the Court’s ethical standards.

On April 25, Roberts declined Durbin’s invitation, writing that he was concerned about the separation of powers and about “preserving judicial independence.” He promised that the justices subscribe to a statement of ethics principles and practices, which he attached.

On April 27 the Democrats on the Judiciary Committee responded with a letter saying: “It is noteworthy that no Justice will speak to the American people after numerous revelations have called the Court’s ethical standards into question, even though sitting Justices have testified before Senate or House Committees on at least 92 occasions since 1960.” They asked when the justices had agreed to the statement of ethics.

Today, Roberts responded that they had agreed to the ethics statement on April 25, and said that justices policed their own ethics as they “consult a wide variety of guidance on ethics issues, including statutes, judicial opinions, advice [from legal experts], scholarly commentary, and historical practice, among other sources.”

Democrats on the Judiciary Committee responded that “[t]hese answers further highlight the need for meaningful Supreme Court ethics reform.” Pressure for that reform is growing.

On April 26, Senators Angus King (I-ME) and Lisa Murkowski (R-AK) introduced the Supreme Court Code of Conduct Act, a bill to reform Supreme Court ethics that gets around the separation of powers issue by requiring the court to write its own code of conduct and appoint an official to review potential conflicts and public complaints. It is a remarkably simple bill, designed, King and Murkowski say, to shore up the public’s confidence in the Supreme Court. Greg Sargent of the Washington Post suggested that at the very least, the measure should force lawmakers who oppose it to explain why.

The crisis in the Supreme Court is headed for another major test. The court today agreed to hear a case that could gut the government’s ability to regulate business. The court will reconsider the 1984 Chevron v. Natural Resources Defense Council decision, which affirmed that judges should defer to government agencies in their reasonable interpretation of a law if the wording of the law is vague. This court seems likely to reject this idea and to allow judges to rein in regulation according to their own interpretation of the law.

Only eight justices will decide the case, since Justice Ketanji Brown Jackson, who was on the circuit court that first heard the case at the heart of the challenge to Chevron, has recused herself.

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Then mint the coin already, Joe!

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I’m not holding my breath. Has he done ANYTHING that enormously new or different while president?

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The only thing different he’s done is listen. The implications for this are so catastrophic that I’m hoping he listens about this.

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May 2, 2023 (Tuesday)

The end of the semester is always rough and I’ve had too many long nights, so tonight I am going to offer just one explanation about the debt clause in the Fourteenth Amendment:

The debt ceiling crisis continues to dominate the news, with some speculation now that White House officials are wondering whether the Fourteenth Amendment to the Constitution might require the government to continue to pay its bills whether Congress actually raises the debt ceiling or not.

The fourth section of the Fourteenth Amendment reads: “The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.”

This statement was a response to a very specific threat.

During the Civil War, the U.S. Treasury issued more than $2.5 billion in bonds to pay for the war effort. To make those bonds attractive to investors, Congress had made most of them payable in gold, along with their interest. That gold backing made them highly valuable in an economy plagued by inflation.

In contrast, most working Americans used the nation’s first national currency, the greenbacks, introduced by Congress in 1862 and so called because they were printed with green ink on the back and black ink on the front—as our money still is; check out a dollar bill. Because greenbacks were backed only by the government’s ability to pay, their value tended to fluctuate. As Congress pumped more and more of them into the economy to pay expenses, inflation made their value decrease.

National taxes funded the bonds, which meant that workers whose salary was paid in the depreciating greenbacks paid taxes to the government, which in turn paid interest to bondholders in rock-solid gold. After the war, workers noted that inflation meant their real wages had fallen during the war, while war contracts had poured money into the pockets of industrialists.

Workers couldn’t do much about the war years and still faced years of paying off the wartime bonds. They began to call for repaying war bonds not in gold but in depreciated currency, insisting that taxpayers should not be bled dry for rich bondholders. Democrats, furious at wartime policies that had enriched industrialists and favored bankers, promised voters that if voters put them in control of Congress, they would put this policy into law.

Republican legislators who had created the bonds in the first place were horrified at the idea that Democrats were claiming the right to change the terms under which the debt had been sold. This, they said, was “repudiation” and would turn those who had invested in the United States against it.

Bonds were about far more than just money. When the war broke out, the Treasury had turned to bankers to underwrite the war. But the bankers were notably reluctant to bet against the cotton-rich South and refused to provide the amount of help necessary. To keep the government afloat, Treasury officers had been forced to turn to ordinary Americans, who for four years had shouldered the financial burden of supporting their government.

“It is your war,” Treasury Secretary William Pitt Fessenden wrote to the public in 1864. “Much effort has been made to shake public faith in our national credit, both at home and abroad…yet we have asked no foreign aid. Calm and self-reliant, our own means thus far have proved adequate to our wants. They are yet ample to meet those of the present and the future.”

On April 3, 1865, the day the Confederate capital of Richmond, Virginia, fell, bond salesman Jay Cooke hung from his office window a sign that featured the nicknames of the two most popular bond issues, along with an even larger banner that read:

“The Bravery of our Army
The Valor of our Navy
Sustained by our Treasury
Upon the Faith and
Substance of
A Patriotic People.”

The debt was a symbol of a newly powerful national government that represented ordinary Americans rather than the elite enslavers who had controlled it before the war. “There has never been a national debt so generously distributed among and held by the masses of the people as all the obligations of the United States,” wrote an Indianapolis newspaper in 1865. “This shows at once the strength of popular institutions, and the confidence the people have in their perpetuity.”

Undermining the value of U.S. bonds was an attack not just on the value of investments, but on the nation itself. When Republican lawmakers wrote the Fourteenth Amendment in 1866, they recognized that a refusal to meet the nation’s financial obligations would dismantle the government, and they defended the sanctity of the commitments the government had made. When voters ratified that amendment in 1868, they added to the Constitution, our fundamental law, the principle that the obligations of the country “shall not be questioned.”

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so. she writes these amazing, topical letters every day, found time to get married, finished a book, and teaches; all while still remembering to take time off to visit nature, sending back often stunning photographs.

maybe i should be watching less tv :crying_cat_face:

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May 3, 2023 (Wednesday)

“No one should assume that the Fed can really protect the economy and the financial system and our reputation globally from the damage that [a U.S. default] might inflict,” Federal Reserve Chair Jerome Powell said today. “We shouldn’t even be talking about a world in which the U.S. doesn’t pay its bills. It just shouldn’t be a thing,” he added.

Powell commented on the debt ceiling crisis when he was in front of the press to announce an interest rate hike of a quarter of a percentage point intended to reduce inflation further. Interest rate hikes make it more expensive to borrow money, which should cool the economy. At the same time, more expensive borrowing upsets the stock market, which tends to fall after a rate hike, as it did today.

Interestingly, while Republicans are blaming Democrats for creating inflation by pumping too much money into the economy through social welfare programs, The Wall Street Journal yesterday embraced the argument that a key factor in inflation has been price gouging by corporations. A piece by Paul Hannon noted that businesses are boosting their profit margins, confident that consumers will blame supply chain issues and higher energy prices rather than the companies padding their profits.

Oil giant Shell just announced almost $9.6 billion in profits in the first three months of 2023.

But Powell’s management of inflation is a smaller story right now than the debt ceiling. Today, the White House Council of Economic Advisers explained three different scenarios. If the debt ceiling crisis runs right up to the edge of default and is resolved before that default, unemployment would rise by 0.1% and 200,000 jobs would be at risk. A default lasting less than a week would cost 500,000 jobs, creating a 0.3% rise in unemployment. And if the U.S. goes into a longer default, the Council of Economic Advisers says, 8.3 million people will lose their jobs and the stock market will fall by 45%.

In every case, economic growth will turn negative.

The White House yesterday released a fact sheet outlining the cuts Republicans are demanding before they will agree to raise the debt ceiling. In addition to costing jobs and throwing the nation into a recession, their demands will cut nearly 7,500 rail inspection days, shut down at least 375 air traffic control towers, and cut $5.2 billion from highway infrastructure projects. The cuts will eliminate nearly 200,000 child care slots, cut 1.7 million people from food security programs, and remove rental assistance from nearly 600,000 families.

In short, the Republicans’ demands are a way to force the country to accept their vision of the country, one that relies on the markets and private enterprise and slashes government action to provide a basic social safety net, promote infrastructure, regulate business, and protect civil rights.

So far, Senate minority leader Mitch McConnell (R-KY) has stayed out of the fight over raising the debt ceiling, both because he was out of the Senate recovering from a fall, and because he has apparently wanted to let House speaker Kevin McCarthy (R-CA) deal with the far-right extremists in the conference while appearing to give establishment Republicans plausible deniability from the extremists’ demands. But Biden is trying to pull McConnell into the negotiations to emphasize that the fight over the debt ceiling is not about him and McCarthy, but a struggle that involves the whole government.

While McConnell seems to be trying to hold Senate Republicans apart from the House extremists, a story that has fallen under the radar is that Senator Steve Daines (R-MT), chair of the National Republican Senatorial Committee, the man responsible for the fundraising to get Republicans elected to the U.S. Senate, has endorsed Donald Trump. Daines is in close touch both with Trump and with the wealthiest Republican donors. Senator John Cornyn (R-TX) made it clear to Jonathan Swan and Carl Hulse of The New York Times that all the Republicans care about is winning back the majority. “I really don’t care what the tactics are,“ he said.

Not caring about tactics so long as you are in power might well be a problem for another Republican, former Georgia Senate candidate Herschel Walker. Senior political reporter for The Daily Beast Roger Sollenberger dropped a story tonight alleging that Walker solicited hundreds of thousands of dollars from a billionaire industrialist who believed he was donating to Walker’s Senate campaign, only to have Walker take the money personally. If this story pans out, it suggests Walker will be in legal trouble for election finance issues.

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An anecdotal example of this, my insurance company recently raised their rates on my home coverage citing a rise in building materials costs and higher property taxes. I explained that while lumber etc. did rise shortly after the pandemic they have receded back to where they were before. It didn’t matter and the fellow kept going on and on about supply chain this and supply chain that. All kinds of BS ensued.

I switched insurance companies after that conversation and saved a lot of money. Should have done that years ago.

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May 4, 2023 (Thursday)

Today began with another story about yet more ties between Supreme Court justice Clarence Thomas and Republican billionaire Harlan Crow. Joshua Kaplan, Justin Elliott, and Alex Mierjeski of ProPublica reported that Crow paid the private school tuition for Thomas’s grandnephew, to the tune of more than $6,000 a month, ultimately adding up to an amount that may have been more than $150,000. Thomas did not report the payments.

Then news broke that a jury in Washington, D.C., found four members of the far-right extremist group the Proud Boys—Enrique Tarrio, Ethan Nordean, Joseph Biggs and Zachary Rehl—guilty of seditious conspiracy for their participation in the January 6, 2021 attack on the U.S. Capitol. A fifth defendant, Dominic Pezzola, was found not guilty of seditious conspiracy but, like the others, was found guilty of other serious charges including obstructing Congress’s certification of the 2020 presidential election results and conspiring to prevent Congress and federal officers from discharging their duties.

In a statement, Attorney General Merrick Garland noted that the Department of Justice has secured more than 600 convictions for criminal conduct surrounding the events of January 6, including fourteen ”leaders of both the Proud Boys and the Oath Keepers for seditious conspiracy—specifically conspiring to oppose by force the lawful transfer of presidential power. Our work will continue,” he said.

It is unlikely that Garland’s statement about ongoing work was casual.

Defense attorneys for the Proud Boys emphasized that their clients believed then-president Trump—who, after all, had told them in September 2020 to “stand back and stand by”—had called them to Washington to overturn the results of the 2020 presidential election. Although there were no explicit orders to attack the Capitol, members of the Proud Boys testified that they believed there was an implicit agreement to prevent Biden from becoming president.

Tarrio, convicted today, was not at the Capitol during the attack, but a jury convicted him of seditious conspiracy nonetheless, suggesting that leaders who incited the violence can be found guilty, even if they weren’t present.

Today attorneys for E. Jean Carroll, who is suing the former president in a civil trial for battery and defamation connected with his alleged rape of her, rested their case. So did Trump’s lawyers, but District Judge Lewis Kaplan gave Trump the weekend to rethink testifying. “He has a right to testify which has been waived but if he has second thoughts, I’ll at least consider it and maybe we’ll see what happens,” Kaplan said.

Other investigations of the former president continue. The New York Times today broke the story that prosecutors in the office of Special Counsel Jack Smith investigating the storage of classified documents are talking to a confidential witness who worked for Trump at Mar-a-Lago. There are questions about whether Trump deliberately moved boxes containing documents in order to hide them from the Justice Department.

Meanwhile, the debt ceiling crisis has not gone away. Director of National Intelligence Avril Haines today told a Senate Armed Services Committee hearing on global threats that a U.S. default on our debts would enable both Russia and China to say “such an event [demonstrates] the chaos within the United States, that we’re not capable of functioning as a democracy, and the governance issues associated with it." She explained: “It would be…almost a certainty that they would look to take advantage of the opportunity.”

Moody’s Analytics has weighed in on the economic effects of House speaker Kevin McCarthy’s (R-CA) plan, noting that with a clean debt limit increase, real gross domestic product is expected to grow 2.25% this year. Under McCarthy’s plan, that growth will be 1.6%. “The significant government spending cuts in the [plan] are substantial headwinds to near-term economic growth,” it wrote. “Adding to the economic headwinds created by the legislation is the considerable uncertainty created by having to address the debt limit again a year from now.”

Weirdly, Senator Mitt Romney (R-UT) at a Senate Budget Committee hearing today blamed Democrats for not raising the debt ceiling themselves last year without help from the Republicans. Kate Riga of Talking Points Memo broke down this argument. If the Democrats had raised the debt ceiling through reconciliation, without Republican votes, Republicans would have insisted that it was the Democrats, not them, who had burdened the country with debt when, in fact, the Republicans added almost $8 trillion to the debt under Trump.

Romney’s complaint amounts to berating the responsible Democrats for not protecting the country against the Republicans, who are willing to burn down the country. As Riga put it: “Darn you Democrats for not taking care of the debt ceiling then, because you knew we’d refuse to raise the limit unless you conceded to our demands, and look what a sticky spot we’re in now.”

Meanwhile, the editorial board of the Fresno Bee, from McCarthy’s district, today called out the speaker for approving the huge increases of the Trump years and, now that a Democrat is in the White House, insisting on drastic cuts. The board reiterated that the debt ceiling and the budget are separate issues. “McCarthy is pandering to the hard-right members who only backed him for House speaker on the 15th vote in exchange for concessions on the issues like the debt,” it said. “Speaker McCarthy, don’t take America to the brink of default. Stop the posturing, raise the debt ceiling, then have the honest budget debate the nation needs.”

Finally, the day ended where it began, with another scandal involving Justice Clarence Thomas.

This evening, Emma Brown, Shawn Boburg, and Jonathan O’Connell of the Washington Post broke the story that right-wing judicial activist Leonard Leo, who as a leader of the Federalist Society that backs originalist judges has been key to transforming the federal judiciary, a decade ago arranged for payments of tens of thousands of dollars to Thomas’s wife Ginni. Leo and Thomas are close friends.

In January 2012, Leo told Kellyanne Conway, who was then a Republican pollster, to bill the Judicial Education Project, a nonprofit organization with which he was associated, and then pass the money on to Ginni Thomas. He told Conway to “give” Thomas “another $25K,” and emphasized that she should include “No mention of Ginni, of course,” in the paperwork. She did so. Later that year, the Judicial Education Project filed a brief before the court in the landmark Shelby County v. Holder case, in which the court, by a vote of 5–4, gutted the 1965 Voting Rights Act.

Thomas voted on the side of the Judicial Education Project.

And this is the profound national crisis at the heart of the stories emerging about Thomas. His votes were decisive not only in Shelby County v. Holder, but also in the 2010 Citizens United v. Federal Election Commission decision, also decided by a vote of 5–4, which opened the floodgates for dark money in political campaigns. Those decisions dramatically undermined our democracy. It now seems imperative to grapple with the fact it appears a key vote on the court that decided those cases was compromised.

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https://www.washingtonpost.com/investigations/2023/05/04/leonard-leo-clarence-ginni-thomas-conway/

Of the effort to keep Thomas’s name off paperwork, Leo said: “Knowing how disrespectful, malicious and gossipy people can be, I have always tried to protect the privacy of Justice Thomas and Ginni.”

yup. sounds legit.

The group’s interest in the Supreme Court extended beyond the courtroom. It spent money on campaigns to support President Donald Trump’s nominations of Brett M. Kavanaugh and Neil M. Gorsuch to the Supreme Court. And it is listed as a funder in the credits of a 2020 documentary that celebrated Thomas. Clarence and Ginni Thomas…

Between 2020 and 2021, its revenue nearly doubled from about $66 million to more than $117 million, tax forms show… Even so, the group has never had more than a handful of employees

sounds extra legit

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May 5, 2023 (Friday)

Today’s job numbers came in higher than expected, with the U.S. adding 253,000 nonfarm jobs in April. Unemployment fell yet again, to 3.4%, matching a rate not seen since 1969. Black unemployment is at an all-time low of 4.7%. For Hispanics it’s 4.4%, and for Asian Americans, 2.8%. The rate for adult women is 3.1%. Average hourly wages rose 0.5%.

This good economic news didn’t come from nowhere. The Biden administration has focused on building infrastructure, bringing supply chains home, and bolstering new manufacturing. The Bipartisan Infrastructure Act, the CHIPS and Science Act, and the Inflation Reduction Act have invested in workers.

At the same time, the administration has taken measures to claw back some of the power the country has ceded to business leaders over the past decades. It has taken steps to promote competition, including Treasury Secretary Janet Yellen’s negotiation of a global minimum corporate tax to stop nations from racing to attract investment by cutting taxes, and the Justice Department’s enforcement of antitrust laws, which has led to a number of directors resigning from interlocking boards.

The Federal Trade Commission has proposed a ban on noncompete agreements, which prevent people from moving from job to job. The FTC estimates that getting rid of the agreements would increase wages by nearly $300 billion per year and enable about 30 million Americans to move to better jobs.

Biden’s approach to governance is not just a change in policy from the past forty years. It is a demonstration of the tedious, hard, incremental work of moving the ball forward in a modern democracy.

The extraordinary work that goes into governance showed last night in a keynote address National Security Advisor Jake Sullivan gave on the administration’s approach to Middle East affairs at the Washington Institute for Near East Policy. Moving away from the nation’s previous tight focus on terrorism, Sullivan emphasized a theme that the Biden administration has highlighted since the president took office: “the integration of foreign policy and domestic policy.”

Sullivan emphasized that the administration’s template for foreign affairs is “realistic and pragmatic” but also “ambitious and optimistic about [what] the United States and our allies can achieve together over time.” The administration’s new framework for U.S. engagement in the Middle East, he said, “is built on five basic elements: partnerships, deterrence, diplomacy and de-escalation, integration, and values.”

Over the past two years, the U.S. has strengthened partnerships in the Middle East with “strategic dialogues, high-level visits—including two presidential visits—exchanges, and over 200 military exercises,” and it continues to strengthen ties between allies. It has deterred violence through counterstrikes but prefers to rely on diplomacy and de-escalation of tensions. “[E]very day, we are plugging away at proactive and creative diplomacy across the Middle East region,” Sullivan said.

Most notably, the administration helped to end the war in Yemen by setting the terms for a truce mediated by the United Nations. That truce has held—so far—for fourteen months. “Humanitarian aid and fuel are flowing through Yemen’s ports, the civilian airport in Sanaa has reopened, and the parties are actively in discussions on a roadmap to ultimately bring this war to an end.”

Sullivan said that the administration is working to help countries in the Middle East integrate into an interconnected region, and finally, he talked about values. “Just as we always strive to perfect our own democracy at home, we will always raise concerns regarding human rights and fundamental freedoms in our engagements around the world, including in the Middle East,” he said.

Sullivan noted that U.S. values include women’s rights and the ability to criticize leaders without fear. Enabling populations to unleash their full potential means religious tolerance and protection of minorities. It means pressure on other countries to acknowledge freedom, and it means remaining a key source of humanitarian aid.

As if in illustration of regional partnerships, today Saudi Arabia and the United States issued a joint statement on the start of talks between the warring parties in Sudan. The statement emphasized regional alliances, noting: “The Kingdom of Saudi Arabia and the United States…would like to stress the efforts of the countries and organizations which supported these talks, including Quad countries (The Kingdom of Saudi Arabia, The United Arab Emirates, the United Kingdom, and the United States), the League of Arab States, and partners from the Trilateral Mechanism (UNITAMS [U.N. Integrated Transition Assistance Mission in Sudan], the African Union, the Intergovernmental Authority on Development).”

The careful cultivation of allies and complicated pressures enabled Biden and Secretary of State Antony Blinken to pull together an international coalition to stand against Russian president Vladimir Putin’s invasion of neighboring Ukraine. The pressure of that coalition appears to be helping Ukrainian forces undermine Russia: today, in one of a series of videos, the leader of the mercenary Wagner Group that has been fighting for Putin, Yevgeny Prigozhin, expressed fury at the Kremlin for leaving his men without supplies and vowed to leave the key city of Bakhmut on May 10. Standing surrounded by corpses, he raged: “Those are soldiers we lost today. Their blood is still fresh…. They were someone’s sons or fathers. You, f*ckers, who don’t give us ammo, will burn in hell.”

Prigozhin could simply be jockeying for power, but a less ambiguous sign that Russia is in trouble is that Belarus has set up new border controls for Russians trying to enter their borders.

The slow, careful work of governance undertaken by the Biden administration is a very different thing than what is offered by members of a party whose goal for forty years was to slash government and to use the military to make the world conform to U.S. goals, and whose goal now seems to be to ram through minority rule without bothering to follow the laws.

When asked about Iran’s attempt to develop a nuclear weapon, Sullivan implicitly criticized the impulsivity of the previous president, who abruptly pulled out of the Joint Comprehensive Plan of Action (JCPOA) to prevent Iran from acquiring nuclear capabilities. “[T]he best way to stop Iran from getting a nuclear weapon is an effective agreement that stops them from getting a nuclear weapon,” he said. He continued: “I regard the decision to pull out of the Iran nuclear deal, the JCPOA, without anything to replace it or any strategy to deal with it other than the imposition of sanctions—which we have continued and added to actually,” with concern.

Today, Mississippi governor Tate Reeves illustrated the Republicans’ simplistic approach to governance when he announced his reelection campaign with a 12-second campaign video of his face superimposed on cowboy actor Clint Eastwood, shooting at Mexican “bandits.” The imagery tied directly into the history of the modern-day Republican Party, which rose on the image of the cowboy who would cut through the “socialism” of a government that used tax money to keep the playing field level and restore individual men to power.

But that was always just an image, and now, shown up against the reality of the complicated and hard work of governance, it has become cartoonish.

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May 6, 2023 (Saturday)

For years now, after one massacre or another, I have written some version of the same article, explaining that the nation’s current gun free-for-all is not traditional but, rather, is a symptom of the takeover of our nation by a radical extremist minority. The idea that massacres are “the price of freedom,” as right-wing personality Bill O’Reilly said in 2017 after the Mandalay Bay massacre in Las Vegas, in which a gunman killed 60 people and wounded 411 others, is new, and it is about politics, not our history.

The Second Amendment to the Constitution, on which modern-day arguments for widespread gun ownership rest, is one simple sentence: “A well regulated militia, being necessary for the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” There’s not a lot to go on about what the Framers meant, although in their day, to “bear arms” meant to be part of an organized militia.

As the Tennessee Supreme Court wrote in 1840, “A man in the pursuit of deer, elk, and buffaloes might carry his rifle every day for forty years, and yet it would never be said of him that he had borne arms; much less could it be said that a private citizen bears arms because he has a dirk or pistol concealed under his clothes, or a spear in a cane.”

Today’s insistence that the Second Amendment gives individuals a broad right to own guns comes from two places.

One is the establishment of the National Rifle Association in New York in 1871, in part to improve the marksmanship skills of American citizens who might be called on to fight in another war, and in part to promote in America the British sport of elite shooting, complete with hefty cash prizes in newly organized tournaments. Just a decade after the Civil War, veterans jumped at the chance to hone their former skills. Rifle clubs sprang up across the nation.

By the 1920s, rifle shooting was a popular American sport. “Riflemen” competed in the Olympics, in colleges, and in local, state, and national tournaments organized by the NRA. Being a good marksman was a source of pride, mentioned in public biographies, like being a good golfer. In 1925, when the secretary of the NRA apparently took money from ammunition and arms manufacturers, the organization tossed him out and sued him.

NRA officers insisted on the right of citizens to own rifles and handguns but worked hard to distinguish between law-abiding citizens who should have access to guns for hunting and target shooting and protection, and criminals and mentally ill people, who should not. In 1931, amid fears of bootlegger gangs, the NRA backed federal legislation to limit concealed weapons; prevent possession by criminals, the mentally ill and children; to require all dealers to be licensed; and to require background checks before delivery. It backed the 1934 National Firearms Act, and parts of the 1968 Gun Control Act, designed to stop what seemed to be America’s hurtle toward violence in that turbulent decade.

But in the mid-1970s a faction in the NRA forced the organization away from sports and toward opposing “gun control.” It formed a political action committee (PAC) in 1975, and two years later it elected an organization president who abandoned sporting culture and focused instead on “gun rights.”

This was the second thing that led us to where we are today: leaders of the NRA embraced the politics of Movement Conservatism, the political movement that rose to combat the business regulations and social welfare programs that both Democrats and Republicans embraced after World War II.

Movement Conservatives embraced the myth of the American cowboy as a white man standing against the “socialism” of the federal government as it sought to level the economic playing field between Black Americans and their white neighbors.

Leaders like Arizona Senator Barry Goldwater personified the American cowboy, with his cowboy hat and opposition to government regulation, while television Westerns showed good guys putting down bad guys without the interference of the government.

In 1972 the Republican platform had called for gun control to restrict the sale of “cheap handguns,” but in 1975, as he geared up to challenge President Gerald R. Ford for the 1976 presidential nomination, Movement Conservative hero Ronald Reagan took a stand against gun control. In 1980, the Republican platform opposed the federal registration of firearms, and the NRA endorsed a presidential candidate—Reagan—for the first time.

When President Reagan took office, a new American era, dominated by Movement Conservatives, began. And the power of the NRA over American politics grew.

In 1981 a gunman trying to kill Reagan shot and paralyzed his press secretary, James Brady, and wounded Secret Service agent Tim McCarthy and police officer Thomas Delahanty. After the shooting, then-representative Charles Schumer (D-NY) introduced legislation that became known as the Brady Handgun Violence Prevention Act, or the Brady Bill, to require background checks before gun purchases. Reagan, who was a member of the NRA, endorsed the bill, but the NRA spent millions of dollars to defeat it.

After the Brady Bill passed in 1993, the NRA paid for lawsuits in nine states to strike it down. Until 1959, every single legal article on the Second Amendment concluded that it was not intended to guarantee individuals the right to own a gun. But in the 1970s, legal scholars funded by the NRA had begun to argue that the Second Amendment did exactly that.

In 1997, when the Brady Bill cases came before the Supreme Court as Printz v. United States, the Supreme Court declared parts of the measure unconstitutional.

Now a player in national politics, the NRA was awash in money from gun and ammunition manufacturers. By 2000 it was one of the three most powerful lobbies in Washington. It spent more than $40 million on the 2008 election. In that year, the landmark Supreme Court decision of District of Columbia v. Heller struck down gun regulations and declared that the Second Amendment protects an individual’s right to keep and bear arms.

Increasingly, NRA money backed Republican candidates. In 2012 the NRA spent $9 million in the presidential election, and in 2014 it spent $13 million. Then, in 2016, it spent over $50 million on Republican candidates, including more than $30 million on Trump’s effort to win the White House. This money was vital to Trump, since many other Republican super PACs refused to back him. The NRA spent more money on Trump than any other outside group, including the leading Trump super PAC, which spent $20.3 million.

The unfettered right to own and carry weapons has come to symbolize the Republican Party’s ideology of individual liberty. Lawmakers and activists have not been able to overcome Republican insistence on gun rights despite the mass shootings that have risen since their new emphasis on guns.

Tonight, I am, once again, posting yet another version of this article.

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