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    I Clerked for Justice O’Connor. She Was My Hero, but I Worry About Her Legacy.

    When I learned that Justice Sandra Day O’Connor had died, I felt not just the loss of a world historical figure but also the loss of someone who formed a part of my identity.As a young woman, I was in awe of Justice O’Connor. Her presence on the Supreme Court offered an answer to any doubts I had that I belonged in the law. As a young lawyer, I was lucky enough to work for a year as her law clerk.While clerking for her, I came to understand and appreciate not only her place in history but also her vision of the law. She refused opportunities to issue sweeping opinions that would substitute her ideals for the democratic process. This made it all the more tragic that toward the end of her career, she joined in a decision — Bush v. Gore — that represented a rejection of her cautious approach in favor of a starkly political one.For me, she stands as a shining example of how women — everyone, really — can approach life and work. I witnessed her warmth, humor and humanity while experiencing the gift of learning and seeing the law through her eyes. Those personal and legal impressions have left an enduring mark on me as a person and as a lawyer.At the time Justice O’Connor became a lawyer, women in that role were rare. As has now become familiar lore, after she graduated near the top of her class from Stanford Law School in 1952, she was unable to find work as a lawyer. As a justice, she made sure that opportunities denied to her were available to others. Shortly after I graduated from law school, I joined two other women and one man in her chambers, making a rare majority-woman chamber when just over a third of the clerks for Supreme Court justices were women.I always found it remarkable that I never heard Justice O’Connor talk with any bitterness of the barriers she faced pursuing her career. Instead, she worked hard and without drama to overcome them. Remarkably, that experience did not harden her.She had a wicked sense of humor. The door to our clerks’ office held a photocopied image of her hand with the words “For a pat on the back, lean here.” Her face transformed in an almost girlish way when she laughed, which she did often.When she met with the clerks on Saturday to discuss upcoming cases, she brought us a home-cooked lunch — often something inspired by her Western roots. (One memorable example was tortillas and a cheesy chicken filling, to make a kind of cross between a burrito and a chicken quesadilla. It was a bit of a mess to eat but delicious.) She insisted that we get out of the courthouse and walk with her to see the cherry blossoms, and she took us to one of her favorite museums; once we visited the National Arboretum and lingered at the bonsai exhibit. She believed firmly in the benefits of exercise, and she invited us to join daily aerobics sessions with a group of her friends early in the morning in the basketball court above the Supreme Court chamber, which she delighted in calling the “highest court in the land.”She was also a hopeless romantic, and she was well known for trying to find partners for her single clerks. She met her husband, John, in law school, and they married shortly after graduation. He had received an Alzheimer’s diagnosis when I clerked for her, though that knowledge was not yet public. He often came by her chambers as she worked to maintain a sense of normalcy. She retired in 2006 largely because of his progressing dementia. In a powerful lesson of what it is to love, she was happy for him when he struck up a romance with a fellow Alzheimer’s patient. It was devastating to learn that she was subsequently diagnosed with dementia herself.When I clerked for her in 1998 and ’99, she was at the height of her powers. She was the unquestioned swing justice, and some called her the most powerful woman in the world.But she approached the role with humility. Considered a minimalist, she worked to devise opinions that decided the case and usually little more. She was sometimes criticized for that approach. Justice Antonin Scalia made no secret of his frustration. When she refused to overturn Roe v. Wade, in the 1992 case Planned Parenthood v. Casey, he snarlingly referred to the opinion as a “jurisprudence of confusion.” She was criticized by many academics for failing to articulate a grand vision of the law.What they missed was that this was her grand vision of the law — or at least of the Supreme Court. She had spent the formative part of her career before she entered the court as a member of the Arizona State Legislature, where she rose to become the first female majority leader of a State Senate.She believed that the most important decisions about how to govern the country belonged to the political branches and to state legislatures, not to a court sitting in Washington. Seeing the law through her eyes during the year I worked for her, I realized that she was not looking for a sweeping theory that would change the face of the law. She wanted to decide the case before her and provide a bit of guidance to the lower courts as necessary but leave the rest to the democratic process.In December 2000, this made reading the opinion she joined in Bush v. Gore all the more heartbreaking. Her vote made a 5-to-4 majority for the decision to halt the recount in Florida rather than allow that process to play out, throwing the election to George W. Bush, who became the first president since 1888 to be elected without winning the popular vote. The decision, widely criticized for its shoddy reasoning, was the opposite of the careful, modest decisions she had spent her career crafting. It disenfranchised voters whose ballots had been rejected by ballot-counting machines in the interests of finality — in the process substituting the judgment of the court for the expressed will of the people.The court showed that it could — and would — behave in nakedly political ways. It had given into the temptation to engage in ends-driven reasoning that was utterly unpersuasive to those who did not already share its view of the right result. In doing so, the court might have opened the door to what has now become something of a habit.Justice O’Connor retired just over five years later, and she was replaced by Samuel Alito. It has been painful to watch as, in decision after decision, he has voted to undo much of the legacy she so carefully constructed. The blunt politics of Bush v. Gore now look less like an embarrassing outlier and more like a turning point toward a court that has cast aside Justice O’Connor’s cautious minimalism for a robustly unapologetic political view of the law. Unsurprisingly, public opinion of the court has fallen to a near historic low.Justice O’Connor remains a transformative figure in the law, a woman who charted a path that I and so many others have followed. If the court is to regain the public trust, it should look, once again, to her shining example, which embodied a powerful ideal: the court is not a body meant to enact the justices’ vision of what the law should be. Its role is, instead, to encourage our imperfect democracy to find its way forward on its own.Oona A. Hathaway is a professor of law and political science at Yale University and a nonresident scholar at the Carnegie Endowment for Peace.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: [email protected] the New York Times Opinion section on Facebook, Instagram, TikTok, X and Threads. More

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    Maduro activa referéndum sobre el Esequibo

    El presidente venezolano realizará un referendo para reclamar la soberanía sobre el Esequibo, una importante franja rica en petróleo de Guyana.El presidente de Venezuela, Nicolás Maduro, se encuentra ante un dilema político. Está bajo la presión de Estados Unidos para que celebre elecciones libres y justas tras años de gobierno autoritario o se enfrente al restablecimiento de sanciones económicas agobiantes. Sin embargo, los analistas afirman que es poco probable que renuncie al poder y que es muy posible que pierda en unas elecciones confiables.Ahora, Maduro ha reavivado una disputa territorial con un país vecino mucho más pequeño. Es una maniobra que parece estar motivada, al menos en parte, por un deseo de desviar la atención de sus problemas políticos internos a través del impulso del fervor nacionalista.Maduro alega que la región rica en petróleo del Esequibo en Guyana, un país con una población estimada de 800.000 habitantes, forma parte de Venezuela, una nación de aproximadamente 28 millones de personas, y realizará un referendo consultivo no vinculante este domingo para preguntarle a los votantes si apoyan la posición del gobierno.El argumento de Maduro se basa en lo que muchos venezolanos consideran un acuerdo ilegítimo que data del siglo XIX que le otorgó a Guyana la región del Esequibo.Los expertos afirmaron que aunque la mayoría de los países han aceptado que el Esequibo pertenece a Guyana, y dado que el tema sigue siendo un asunto polémico para muchos venezolanos, es probable que el referéndum sea aprobado.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    Maduro’s Vote to Annex Territory From Guyana Is Seen as a Diversion

    The Venezuelan president is holding a referendum to claim sovereignty over Essequibo, a large oil-rich swath of neighboring Guyana.Venezuela’s president, Nicolás Maduro, finds himself in a political bind. He is under pressure from the United States to hold free and fair elections after years of authoritarian rule or face a reinstatement of crippling economic sanctions. But analysts say he is unlikely to give up power and would most likely lose in a credible election.Now, Mr. Maduro has reignited a border dispute with a much smaller neighboring country in a move that seems driven, at least in part, by a desire to divert attention from his political troubles at home by stoking nationalist fervor.Mr. Maduro claims that the vast, oil-rich Essequibo region of Guyana, a country of about 800,000, is part of Venezuela, a nation of roughly 28 million people, and is holding a nonbinding referendum on Sunday asking voters whether they support the government’s position.Mr. Maduro’s argument is based on what many Venezuelans consider an illegitimate agreement dating to the 19th century that gave the Essequibo region to Guyana.Although most countries have accepted that Essequibo belongs to Guyana, the issue remains a point of contention for many Venezuelans, and the referendum is likely to be approved, experts said.President Irfaan Ali of Guyana has said that “Essequibo is ours, every square inch of it,” and has pledged to defend it.For Mr. Maduro, stoking a geopolitical crisis gives him a way to shift the domestic conversation at a moment when many Venezuelans are pressing for an election that could challenge his hold on power.“Maduro needs to wrap himself in the flag for electoral reasons, and obviously a territorial dispute with a neighbor is the perfect excuse,” said Phil Gunson, an analyst with the International Crisis Group who lives in Venezuela’s capital, Caracas.Analysts say that President Nicolás Maduro’s push for a referendum on Essequibo is aimed at stoking nationalist fervor to distract from his lack of popular support.Ariana Cubillos/Associated PressVenezuelan groups and activists opposing Mr. Maduro organized a primary in October without any official government support to choose a candidate to run in elections that are supposed to be held next year. More than 2.4 million Venezuelans cast ballots, a large number that suggests how engaged voters could be in a general election.But since then, the Maduro government has questioned the vote’s legitimacy and has taken legal aim at its organizers, raising concerns that Mr. Maduro will resist any serious challenge to his 10-year rule even as his country continues to suffer under international sanctions.Turnout on Sunday is expected to be large given that, among other factors, public sector employees are required to vote. A turnout larger than that for the opposition’s primary could bolster Mr. Maduro’s standing, analysts said.“It’s aimed at producing the impression that the government can mobilize the people in a way that the opposition can’t,” Mr. Gunson said.Essequibo, a region slightly larger than the state of Georgia, is a tropical jungle rich in oil, as well as minerals and timber. In recent years, many people have migrated there from Venezuela and Brazil to capitalize on the illegal mining industry.Bartica, Essequibo, is the gateway to what the Guyanese call “the interior,” a sparsely populated region of forest and savanna that is rich in natural resources. Meridith Kohut for The New York TimesGuyana has increased its police presence along the Venezuelan border, while Brazil has sent troops to the region. So far, Venezuela has not deployed any additional forces to the border. More

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    Upheaval Continues at DeSantis Super PAC as Another Top Official Departs

    The firing of the new chief executive creates more uncertainty at the well-funded group that has played a key role in the Florida governor’s effort to win the Republican primary.The super PAC supporting Gov. Ron DeSantis of Florida in his presidential campaign, which has seen a series of changes in the last month, went through another shake-up this week when it fired its new chief executive officer who had stepped in just nine days earlier, according to two people briefed on the matter.Kristin Davison, who was appointed chief executive after serving as chief operating officer of the group, Never Back Down, was fired and replaced by Scott Wagner, a longtime friend of Mr. DeSantis who was also named chairman after the departure of another close DeSantis ally, Adam Laxalt, who resigned from that role just a week ago.Ms. Davison was not alone in being fired, according to the people briefed on the matter. A spokeswoman for the group, Erin Perrine, was dismissed, they said, with more departures possible.The changes come as the primary enters the intense final weeks before the first nominating contest, and as Mr. DeSantis was in the Iowa celebrating the final stop in his tour of the state’s 99 counties — an achievement made possible by the organizational muscle and money of his allied super PAC, which is suffering its third round of upheaval in recent weeks.It was unclear who was behind the dismissals or the cause. Ms. Davison and Ms. Perrine did not respond to requests for comment. Ms. Davison’s departure was first reported by Politico.“Scott Wagner will now serve as chairman of the board and interim C.E.O. of Never Back Down,” said Jess Szymanski, a spokeswoman for the group. “Never Back Down has the most organized, advanced caucus operation of anyone in the 2024 primary field, and we look forward to continuing that great work to help elect Gov. DeSantis the next president of the United States.”The latest shake-up caps a turbulent period at Never Back Down, which was formed earlier this year, well before Mr. DeSantis became a candidate for president, and sought to take on a number of functions that a campaign traditionally performs, such as building out a field operation in several states.Recently, the group’s senior officials engaged in internal battles as close allies of Mr. DeSantis based in Tallahassee created a new outside group, Fight Right, to which Never Back Down was expected to transfer $1 million. The fact of that transfer, which was to fund attacks on Mr. DeSantis’s closest rival in the presidential primary, Nikki Haley, was called “exceedingly objectionable” by another Never Back Down official, Ken Cuccinelli, in an email to colleagues.On the eve of Thanksgiving, the group’s chief executive officer since it began, Chris Jankowski, resigned, saying he had issues that went “well beyond” strategic differences. Five days later, Mr. Laxalt left, saying in a resignation letter that it was time to spend time with his family, having joined the group right after his own unsuccessful Senate campaign in Nevada ended last year.It was unclear if those events related to the firings, which occurred shortly afterward.Ms. Perrine and Ms. Davison both work with the group’s main strategist, Jeff Roe, at his company, Axiom Strategies. Mr. Roe filled a number of roles at Never Back Down with Axiom employees early on. Mr. Roe had a dispute with Mr. Wagner right before Fight Right was created during one of the group’s meetings at its Atlanta offices, according to two people with knowledge of the events.Meanwhile, the new super PAC, Fight Right, has been welcomed by the DeSantis campaign. Mr. DeSantis and his wife are said to have been troubled by Never Back Down’s advertising for many months. While campaigns are prohibited from directly coordinating with super PACs, Mr. DeSantis’s campaign manager, James Uthmeier, wrote in a memo last Monday that Fight Right would provide “welcomed air support” with television ads. The memo suggested Never Back Down would focus on its “field operation and ground game.”“Fight Right’s mission could not have come at a better time,” Mr. Uthmeier wrote. More

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    DeSantis Finishes His Iowa 99, Hoping for a Bump Against Trump

    The Florida governor said his tour of all the state’s counties was evidence of his commitment to Iowa voters, even as he remained far behind Donald Trump in state polls.Ron DeSantis took the stage in Jasper County in Iowa on Saturday, heralding his appearance as the culmination of his tour of the state’s 99 counties, and hoping to inject enthusiasm into his well-funded but struggling presidential campaign.The Florida governor, who is running well behind the front-runner, former President Donald J. Trump, said he was fulfilling his campaign’s promise to complete the “Full Grassley” — so named because the state’s long-serving senator, Chuck Grassley, visits every Iowa county each year — and positioned himself as the candidate of humility, willing to travel the state and meet voters, in contrast to Mr. Trump, who has largely eschewed the retail politics of the state. “That should show you that I consider myself a servant, not a ruler,” Mr. DeSantis said, speaking to a crowd of several hundred voters inside the Thunderdome, a spacious restaurant and entertainment venue in Newton, about 30 miles east of Des Moines. “You’re not any better than the people that you are elected by.”The DeSantis campaign, which hung signs around the venue proclaiming a “Full DeSantis,” pointed out that each of the past three Republican winners of a contested Iowa caucus — Senator Ted Cruz of Texas, former Senator Rick Santorum of Pennsylvania and Mike Huckabee, the former Arkansas governor — had also completed the 99-county circuit (though none of them ultimately won the Republican nomination).Iowa voters have more than a month to deliver an upset win to Mr. DeSantis, and many in attendance on Saturday said it mattered to them that he had made the effort.“I think that’s kind of neat, when a candidate is willing to get out of Des Moines, Cedar Rapids, the big cities, get out and see people across the state,” said Richard Roorda, 62. “I think that is a big deal.”But the fanfare belied a difficult truth for Mr. DeSantis: Despite checking all the boxes of a successful Iowa campaign, including racking up endorsements from prominent state figures, he still trails Mr. Trump by a significant margin in state polls, and he has even lost ground in recent months to Nikki Haley, the former governor of South Carolina.Mr. DeSantis spoke at small venues throughout the state in an effort to convince Iowans that he was more connected to them than Mr. Trump.Vincent Alban/Reuters“Mechanically, he’s doing it all the way you need to do it,” said Doug Gross, a longtime Republican strategist and former nominee for Iowa governor who has endorsed Ms. Haley. “The trouble is, he’s just not a very good candidate.”Mr. DeSantis and Mr. Trump held dueling events on Saturday, with Mr. Trump speaking at a rally less than 100 miles away in Cedar Rapids.Bob Vander Plaats, an influential Iowa evangelical leader who endorsed Mr. DeSantis last month, painted a contrast between the Florida governor and Mr. Trump.“We need somebody who fears God, they don’t believe they are God,” Mr. Vander Plaats told the crowd in Newton.The Iowa tour was largely managed by Mr. DeSantis’s super PAC, Never Back Down, which has faced setbacks in recent weeks, including the departure of both its chairman and its chief executive. But Mr. DeSantis’s Iowa barnstorm has generated sizable crowds in small-town venues. At each stop, he has made a point of telling his audience how many counties he has visited so far.Many Iowans who have shown up for his events have said that they expected presidential candidates to present themselves in person to win their votes — and praised Mr. DeSantis for doing so.On Saturday, he recounted a few of his family’s favorite stops, like playing baseball at the Field of Dreams in Dubuque County, and visiting a statue of Albert, the world’s largest bull, a tourist attraction in Audubon County.But a few of Mr. DeSantis’s Iowa county visits have seemed perfunctory. In August, the governor stopped at a train depot in Manly, in Worth County, where about a dozen people watched as his young children clambered aboard the trains and blared the horn of a truck before the governor, his family and their entourage boarded the bus for their next destination.And past caucus winners like Mr. Santorum and Mr. Huckabee were seen as anti-establishment candidates who mustered support from evangelical communities to upset more mainstream Republicans. Mr. DeSantis has the unenviable task of running against a popular former president who comes across as anything but establishment, yet maintains a strong lead in the state.Voters also said they were encouraged by Mr. DeSantis receiving the endorsement of Iowa Gov. Kim Reynolds, a Republican who is popular in the state. Ms. Reynolds appeared onstage Saturday, praising Mr. DeSantis for visiting each county.“Iowans want the opportunity to look you in the eye, they want the opportunity to size that candidate up a little bit,” she said.The DeSantis campaign has highlighted his effort to meet with Iowa caucusgoers in a state that values in-person encounters with presidential candidates. Vincent Alban/ReutersMr. DeSantis also made a new commitment during his remarks: He said that, if he were elected president, he would move the headquarters of the U.S. Department of Agriculture to Iowa as part of an effort to decrease the influence of government agencies in Washington. “You guys will have first dibs on the Department of Agriculture,” he said.Mr. DeSantis also tried to convince voters who backed Mr. Trump that he would push for similar policies, but without the drama. One key difference, he told the crowd, was that he could serve for two consecutive terms if elected.“Two terms is critical,” said Tom Turner, 70, adding that he came to the event with some reservations about Mr. DeSantis, but that the governor had allayed them.“I was a little concerned about whether he was personally warm — he is,” Mr. Turner said.Nicholas Nehamas More

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    Trump’s Defense to Charge That He’s Anti-Democratic? Accuse Biden of It

    Indicted over a plot to overturn an election and campaigning on promises to shatter democratic norms in a second term, Donald Trump wants voters to see Joe Biden as the bigger threat.Former President Donald J. Trump, who has been indicted by federal prosecutors for conspiracy to defraud the United States in connection with a plot to overturn the 2020 election, repeatedly claimed to supporters in Iowa on Saturday that it was President Biden who posed a severe threat to American democracy.While Mr. Trump shattered democratic norms throughout his presidency and has faced voter concerns that he would do so again in a second term, the former president in his speech repeatedly accused Mr. Biden of corrupting politics and waging a repressive “all-out war” on America.”Joe Biden is not the defender of American democracy,” he said. “Joe Biden is the destroyer of American democracy.”Mr. Trump has made similar attacks on Mr. Biden a staple of his speeches in Iowa and elsewhere. He frequently accuses the president broadly of corruption and of weaponizing the Justice Department to influence the 2024 election.But in his second of two Iowa speeches on Saturday, held at a community college gym in Cedar Rapids, Mr. Trump sharpened that line of attack, suggesting a more concerted effort by his campaign to defend against accusations that Mr. Trump has an anti-democratic bent — by going on offense.Polls have shown that significant percentages of voters in both parties are concerned about threats to democracy. During the midterm elections, candidates who embraced Mr. Trump’s lie that the 2020 election was stolen from him were defeated, even in races in which voters did not rank “democracy” as a top concern.Mr. Biden’s re-election campaign has frequently attacked Mr. Trump along those lines. In recent weeks, Biden aides and allies have called attention to news reports about plans being made by Mr. Trump and his allies that would undermine central elements of American democracy, governing and the rule of law.Mr. Trump and his campaign have sought to dismiss such concerns as a concoction to scare voters. But on Saturday, they tried to turn the Biden campaign’s arguments back against the president.At the Cedar Rapids event, aides and volunteers left placards with bold black-and-white lettering reading “Biden attacks democracy” on the seats and bleachers. At the start of Mr. Trump’s speech, that message was broadcast on a screen above the stage.Mr. Trump has a history of accusing his opponents of behavior that he himself is guilty of, the political equivalent of a “No, you are” playground retort. In a 2016 debate, when Hillary Clinton accused Mr. Trump of being a Russian puppet, Mr. Trump fired back with “You’re the puppet,” a comment he never explained.Mr. Trump’s accusations against Mr. Biden, which he referenced repeatedly throughout his speech, veered toward the conspiratorial. He claimed the president and his allies were seeking to control Americans’ speech, their behavior on social media and their purchases of cars and dishwashers.Without evidence, he accused Mr. Biden of being behind a nationwide effort to get Mr. Trump removed from the ballot in several states. And, as he has before, he claimed, again without evidence, that Mr. Biden was the mastermind behind the four criminal cases against him.Here, too, Mr. Trump conjured a nefarious-sounding presidential conspiracy, one with dark ramifications for ordinary Americans, not just for the former president being prosecuted. Mr. Biden and his allies “think they can do whatever they want,” Mr. Trump said — “break any law, tell any lie, ruin any life, trash any norm, and get away with anything they want. Anything they want.”Democrats suggested that the former president was projecting again.“Donald Trump’s America in 2025 is one where the government is his personal weapon to lock up his political enemies,” Ammar Moussa, a spokesman for Mr. Biden’s re-election campaign, said in a statement. “You don’t have to take our word for it — Trump has admitted it himself.”Even as he was insisting that Mr. Biden threatens democracy, Mr. Trump underscored his most antidemocratic campaign themes.Having said that he would use the Justice Department to “go after” the Biden family, on Saturday, he swore that he would “investigate every Marxist prosecutor in America for their illegal, racist-in-reverse enforcement of the law.”Mr. Trump has frequently decried the cases brought him against by Black prosecutors in New York and Atlanta as racist. (He does not apply that charge to the white special counsel in his two federal criminal cases, who he instead calls “deranged.”)Yet Mr. Trump himself has a history of racist statements.At an earlier event on Saturday, where he sought to undermine confidence in election integrity well before the 2024 election, he urged supporters in Ankeny, a predominantly white suburb of Des Moines, to take a closer look at election results next year in Detroit, Philadelphia and Atlanta, three cities with large Black populations in swing states that he lost in 2020.“You should go into some of these places, and we’ve got to watch those votes when they come in,” Mr. Trump said. “When they’re being, you know, shoved around in wheelbarrows and dumped on the floor and everyone’s saying, ‘What’s going on?’“We’re like a third-world nation,” he added.Mr. Trump’s speeches on Saturday reflected how sharply he is focused on the general election rather than the Republican primary contest, in which he holds a commanding lead.With just over six weeks until the Iowa caucus, Mr. Trump dismissed his Republican rivals, mocking them for polling well behind him and denouncing Gov. Ron DeSantis of Florida as disloyal for deciding to run against him.He also attacked Iowa’s Republican governor, Kim Reynolds, for endorsing Mr. DeSantis and suggested her popularity had tumbled after she had spurned Mr. Trump.“You know, with your governor we had an issue,” Mr. Trump said, prompting a chorus of boos.Ann Hinga Klein More

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    McCarthy Eyes Exit From House After Speakership Loss

    The California Republican is still angry at his ouster and has struggled to acclimate. His colleagues expect him to retire, but he has taken his time deciding.At an emotional evening news conference immediately after he was removed as speaker of the House, Representative Kevin McCarthy gave an inconclusive answer about whether he would remain in Congress.“I’ll look at that,” he said then.Over the past two months, Mr. McCarthy has given the life of a rank-and-file member a hard look and discovered it to be a painful existence after having been at the pinnacle of his party in the House for more than a decade.These days, Mr. McCarthy, famous for his preternaturally sunny California disposition, has been hard to cheer up. He no longer attends the conference meetings he used to preside over, and at times has struggled to contain his anger at the Republicans who deposed him. (He denied the accusation from one of them, Representative Tim Burchett of Tennessee, that he elbowed him in the kidney in a basement hallway of the Capitol.)He has also struggled to make peace with the idea that it’s time to go, even as California’s Dec. 8 filing deadline to run for re-election draws near and his colleagues expect him to leave.“When you spend two decades building something, it’s difficult to end that chapter,” said Representative Patrick T. McHenry of North Carolina, one of Mr. McCarthy’s closest friends in Congress. “His life has been building the Republican majority and attaining the third-highest office in the land. It is difficult for any mortal to deal with an abrupt end and determine his next chapter.”But the current chapter has grown increasingly untenable for him.As he has made his way around the Capitol contemplating his options for the future and cycling through various stages of grief over his merciless political downfall, Mr. McCarthy has retained small perks from his old life that serve mostly as painful reminders of all that has been taken away.He still has the kind of security detail furnished to the person second in line to the presidency, but he has been removed from the speaker’s suite of offices in the middle of the Capitol that serve as the building’s power center. He has participated in high-profile engagements, such as a recent speech to the Oxford Union and an interview at the New York Times DealBook summit, but those were booked before his ouster.Many colleagues still consider him a skillful convener of people with institutional knowledge about the workings of a Republican majority he helped build. But his inexperienced successor, Speaker Mike Johnson of Louisiana, has not sought him out for any advice on managing the fractious Republican conference. And Mr. McCarthy has had to watch from the sidelines as Mr. Johnson has made some of the same choices that led to his own downfall — such as working with Democrats to avert a government shutdown — and, at least so far, paid little price.Mr. McCarthy has labored to acclimate.“After any stressful situation, it takes a while for the body to normalize,” Mr. McHenry said of the former speaker. “And when you talk about the extremes of political ambition, which is required to attain the speakership, it is even more dramatic to wring those chemicals out of your body to return to being a normal human.”On Instagram, where Mr. McCarthy recently shared pictures of his dogs hanging out in his Bakersfield, Calif., district office, many of the people commenting on the picture chimed in to remind him that despite his handle, “@SpeakerMcCarthy,” he was the speaker no more. (The title is technically his for life.)House Republicans are beginning to move past Mr. McCarthy’s removal as they navigate business with Mr. Johnson at the helm. But Mr. McCarthy has not finished processing his defenestration. He is someone who has never enjoyed being alone, and an emptier schedule leaves more time to spend in one’s own head.As unpleasant as it may be to hang around Congress in his diminished state, Mr. McCarthy has been forthright about the difficulty of deciding whether to leave politics, and when.“I just went through losing, so you go through different stages,” Mr. McCarthy said in a brief interview after his DealBook appearance on Wednesday in New York City. “I have to know that when I go, that there’s a place for me, and what am I going to do, and is that best?”Mr. McCarthy booked a speaking engagement at the DealBook summit while he was still speaker. Amir Hamja/The New York TimesMr. McCarthy said he was taking his time in making a decision about whether to leave Congress, in part because he did not want to make a hasty decision he might come to regret.“I have to know that if I decided that wasn’t for me and I leave, I don’t want a year from now to think ‘Aw, I regret — I shouldn’t have left,’” he said. “So if I take a little longer than most people normally, that’s just what I’m going through.”Some center-leaning Republicans are pressing him to stay.“You have a lot of members who haven’t been here that long,” said Sarah Chamberlain, the president of the Republican Main Street Partnership, an outside organization allied with the congressional caucus of the same name. “You need some senior statesmen to teach the members how the process works, and he’s one of the last ones left.”Ms. Chamberlain added, “On a personal level, I can completely understand if he decides to leave. On an institutional level, it would be a shame to lose him.”If Mr. McCarthy were to exit Congress right away, it would also shrink the already-slim Republican majority, which went from four to three seats with the expulsion on Friday of Representative George Santos of New York. (As Mr. Johnson presided over the vote to oust Mr. Santos, Mr. McCarthy did not show up to register a position.)Still, it is highly unusual for a former speaker to choose to stick around. Former Speaker Nancy Pelosi has broken with tradition and embraced her emeritus status, describing herself as “emancipated” from the pressures of her old job.In September, the 83-year-old San Francisco Democrat surprised some of her colleagues by announcing she would run for another term. But Ms. Pelosi is at the end of a career that made history — she was the first woman to hold the post of speaker — and was able to leave her post, which she held for a cumulative eight years, on her own terms. The new generation of Democratic leaders in the House treats her with reverence and continues to solicit her advice on big decisions.In contrast, the awkward position of Mr. McCarthy, 58, who held the top job for little more than eight months and made history as the first speaker ever ousted, has been all too clearly on display.Ever since January, when Mr. McCarthy agreed to rule changes to appease the hard right in order to win the gavel, he and his allies had anticipated that his speakership could end exactly the way it finally did. But that has not left him feeling any less bitter about it.Though Mr. McCarthy denied intentionally shoving Mr. Burchett, he responded angrily to the accusation.“If I hit somebody, they would know it,” he told reporters, his voice rising with irritation. “If I kidney punched someone, they would be on the ground.”He has gone on television to scold Mr. Burchett and the other colleagues who brought him down, and pushed the Republican conference to exact some retribution against them even though there appears to be little appetite to do so.“I don’t believe the conference will ever heal if there’s no consequences for the action,” Mr. McCarthy told CNN in a recent interview. He also said that Mr. Burchett and Representative Nancy Mace of South Carolina, who also voted to oust him, “care a lot about press, not about policy.”Despite his inner turmoil and painful power detox, Mr. McCarthy has made it clear that he aims to use his remaining time, influence and campaign money to help his party keep control of the House. That may also serve a rejuvenating purpose for him if he chooses to intervene in congressional races to try to defeat the Republican members who voted to oust him and bolster the candidacies of those aligned with him.“I may not be speaker,” he said during a recent appearance on “Fox & Friends.” “But I’m going to do everything in my power to make sure Republicans win.”Robert Jimison More

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    O’Connor’s Most Vital Work Was After She Stepped Down

    You can tell a lot about a person by what he or she regrets. This holds especially for Supreme Court justices, whose decisions can, with a single vote, upend individual lives and alter the course of history. Justice Lewis F. Powell Jr. said he probably made a mistake in upholding a law criminalizing gay sex; Justice Harry Blackmun was sorry he ever voted to impose the death penalty.Justice Sandra Day O’Connor, who died on Friday at the age of 93, expressed regret publicly over one vote she cast: in the case of Republican Party of Minnesota v. White, a 2002 ruling that judicial candidates could not be prohibited from expressing their views on disputed legal and political issues. Minnesota, like many states that elect judges, had imposed such a ban in order to preserve the appearance of judicial impartiality. The court rejected the ban for violating the First Amendment. The decision was 5 to 4, with Justice O’Connor joining the majority.The court’s ruling led to an explosion of partisan spending on judicial elections around the country and judicial candidates freely spouting their predetermined views on the very issues they would be entrusted to decide if elected.There are many ways to remember Justice O’Connor — as the first woman on the Supreme Court, as one of the justices who saved Roe v. Wade 30 years ago, as the author of the landmark decision protecting affirmative action in 2003. As impressive as those achievements were, they have mostly been surpassed or reversed. What stands out for me is what she said and did after leaving the court.Her response to the 2002 ruling would define most of her last years and underline her commitment to American democracy not just in the halls of justice but also on the ground. It was as if she could see what was coming as the judiciary grew ever more politicized, and she devoted much of her postcourt public life to combating that trend.In March 2006, only weeks after she stepped down, she gave a speech calling out Republican lawmakers for attacking the judiciary. She highlighted the comment by Senator John Cornyn of Texas that deadly violence against judges might be related to their rulings.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More