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      Release of Justice Stevens’s Private Papers Opens Window Into Supreme Court

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      Justice John Paul Stevens’s files on thousands of cases, including landmark decisions on abortion and the 2000 election, have been made public, opening a window on the Supreme Court.WASHINGTON — In June 1992, less than two weeks before the Supreme Court reaffirmed the constitutional right to abortion established in Roe v. Wade, Justice Anthony M. Kennedy sent a colleague some “late-night musings.”“Roe was, at the least, a very close case,” Justice Kennedy wrote in the three-page memorandum, which included reflections on the power of precedent, the court’s legitimacy and the best way to address a cutting dissent.The document is part of an enormous trove of the private papers of Justice John Paul Stevens released on Tuesday by the Library of Congress. They provide a panoramic inside look at the justices at work on thousands of cases, including Bush v. Gore and the 1992 abortion case, Planned Parenthood v. Casey.The papers are studded with candid and occasionally caustic remarks, sometimes echoing current concerns about the court’s power and authority.In the Casey decision, Justice Kennedy joined a controlling opinion with Justices Sandra Day O’Connor and David H. Souter that saved the core of the constitutional right to abortion established in Roe in 1973.In June, the current Supreme Court overturned Roe and Casey after considering questions about precedent and the court’s legitimacy, coming to the opposite conclusion from Justice Kennedy.There are other echoes of recent events in the papers of Justice Stevens, who served on the court for 35 years, retired in 2010 and died in 2019, at 99.There was, for instance, an apparent leak, one that prompted Chief Justice William H. Rehnquist to write a stern note to all of the law clerks on June 10, 1992. The current issue of Newsweek, the chief justice wrote, “contains a purported account of what is happening inside the court in the case of Planned Parenthood v. Casey.”The article, attributing its information to “sources” and “clerks,” said that “at least three of the nine justices are planning to draft opinions in Casey” and predicted, correctly, that the decision would be released on June 29.Chief Justice Rehnquist admonished the clerks to follow a rule in the court’s code of conduct, which said, “There should be as little communication as possible between the clerk and representatives of the press.” He added, underlining the last three words: “In the case of any matter pending before the court, the least possible communication is none at all.”Researchers will be studying the Stevens papers for decades, and only small glimpses were possible in a day’s scrutiny of a selection of them. But those glimpses made clear that the current turmoil at the court has historical analogues.In 2000, for instance, when the court handed the presidency to George W. Bush in Bush v. Gore by a 5-to-4 vote, members of the majority wrote scathing private memos protesting what they called unduly harsh language in the dissents.Justice Stevens’s dissent ended this way: “Although we may never know with complete certainty the identity of the winner of this year’s presidential election, the identity of the loser is perfectly clear. It is the nation’s confidence in the judge as an impartial guardian of the rule of law.”In a memo to his colleagues on Dec. 12, 2000, the day the decision was issued, Justice Kennedy, who had voted with the majority, appeared wounded.“The tone of the dissents is disturbing both on an institutional and personal level,” he wrote. “I have agonized over this and made my best judgment.”He added, “The dissents, permit me to say, in effect try to coerce the majority by trashing the court themselves, thereby making their dire, and I think unjustified, predictions a self-fulfilling prophecy.”Justice Antonin Scalia, who had also voted with the majority, said he was “the last person to complain that dissents should not be thorough and hard hitting.”But he said he could not “help but observe that those of my colleagues who were protesting so vigorously that the court’s judgment today will do irreparable harm have spared no pains — in a veritable blizzard of separate dissents — to assist that result.”At an earlier stage of the case, Justice Stephen G. Breyer, who dissented in Bush v. Gore, urged his colleagues to stay away from the dispute, recalling the role that Supreme Court justices had played on a commission created to resolve the contested presidential election of 1876.“Rather than the court lending the process legitimacy, the process damaged the legitimacy of the court,” Justice Breyer wrote. “I doubt very much that our intervention would assure anyone that the process had worked more fairly. Rather, I fear that history could repeat itself, were we to intervene now.”In statements after the Supreme Court’s recent abortion decision, Dobbs v. Jackson Women’s Health Organization, Justice Samuel A. Alito Jr. has said that attacks on the court’s legitimacy, as opposed to its reasoning, should be out of bounds.In the 1992 memo containing his “late-night musings,” which was addressed to Justice Souter and copied to Justices O’Connor and Stevens, Justice Kennedy also reflected on the court’s legitimacy in the context of abortion.He appeared troubled by aspects of Chief Justice Rehnquist’s dissent, which said public opinion should not affect the court’s work.“You can fend off the chief,” Justice Kennedy told Justice Souter, “by stating that we are not concerned with preserving our legitimacy for our own sake but for the sake of the Constitution. Thus, when we speak of the principled character of our decisions, we mean that they are informed by precedent, logic and the traditions of our people, all with reference to our constitutional heritage.”“We must be clear,” he went on, “that we are not guided by expediency, contemporary attitudes or our own morality.”The newly released files cover the years up to 2005, when Chief Justice John G. Roberts Jr. joined the Supreme Court. They are filled with notes in Justice Stevens’s not always legible scrawl, marked-up briefs, draft opinions, vote tallies, memos among the justices, recommendations from clerks and all manner of other paperwork.Before the new release, the most recent set of Supreme Court papers was from the files of Justice Harry A. Blackmun, who served through 1994 and died in 1999.The only current member of the court featured in the new files is Justice Clarence Thomas. The remaining parts of Justice Stevens’s papers are scheduled to be released in 2030.Kitty Bennett More

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      ‘We need to read the room’: GOP divided on abortion as Democrats unite for 2024

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      Hours after Joe Biden announced his re-election campaign on Tuesday, his vice-president and 2024 running mate, Kamala Harris, delivered a fiery call to action for voters alarmed by the loss of constitutional protections for abortion.“This is a moment for us to stand and fight,” she said to a packed auditorium at Howard University, a historically Black college in Washington and her alma mater. To the “extremist so-called leaders” rolling back access to reproductive rights, Harris warned: “Don’t get in our way because if you do, we’re going to stand up, we’re going to organize and we’re going to speak up.”Across the Potomac, Republican presidential candidate Nikki Haley appealed for a “national consensus” on abortion in a carefully worded speech delivered earlier that day from the Arlington headquarters of a leading anti-abortion group. Sidestepping the thorny policy debates already animating the Republican primary contest, she said her focus was on “humanizing, not demonizing” the conversation around abortion.“I believe in compassion, not anger,” she said. “I don’t judge someone who is pro-choice any more than I want them to judge me for being pro-life.”Nearly a year after the supreme court’s decision to overturn Roe v Wade, the battle over abortion rights is shaping the opening stages of the 2024 presidential contest.In dueling speeches this week, Harris and Haley previewed sharply contrasting approaches to an issue that is energizing Democrats and dividing Republicans. It’s a sign of just how dramatically abortion politics have shifted in the post-Roe era.Republicans, who for decades championed the anti-abortion agenda of the religious right, are now wavering on their positions, no longer sure of how to navigate an abiding principle of American conservatism in their quest to win control of the White House and Congress.Meanwhile, Democrats running for office at every level of government – from the presidential ticket on down – are placing abortion rights at the heart of their campaigns, presenting themselves as bulwarks against Republican extremism on the issue. It was a strategy the party used to surprising success in the 2022 midterm elections last year, when voters in red states, blue states and swing states resisted attempts to advance abortion restrictions.And it worked again earlier this month, when a liberal judge won a pivotal Wisconsin supreme court race after clearly telegraphing her support for abortion rights. Her victory likely guarantees the court’s new liberal majority will strike down the state’s 1849 abortion ban.“This is a defining issue for millions and millions of Americans,” said Cecile Richards, a former CEO of Planned Parenthood who is now a co-chair of Democratic Super Pac American Bridge 21st Century. Abortion rights, she predicted, would be “even more important” in 2024 than they were last year, as Americans grapple with the consequences of abortion bans and restricted access.“I think the harm to American people, to women, to families is going to continue to be on display and that you can lay directly at the feet of the Republican party,” Richards said.Democrats are almost universally aligned in their support for abortion rights, and largely unified in their messaging: Republicans, they warn, will not stop until abortion is outlawed in all 50 states.“Their ultimate goal is clear: a total ban on abortion nationwide,” the Democratic senator ​Dick Durbin​ of Illinois​ said this week, in remarks opening a committee hearing titled “The Assault on Reproductive Rights in a Post-Dobbs America”.The high court’s June decision in Dobbs v Jackson Women’s Health, he said, “paved the way for activist judges and Republican lawmakers to try to impose their anti-choice agenda on everyone else, even in states that have protected the right to abortion”.During the session, Democratic senators assailed a ruling earlier this month by a conservative judge in Texas to suspend the Food and Drug Administration’s approval of the abortion pill mifepristone. Republicans, meanwhile, were largely muted in their response to the decision.If allowed to stand, the Texas order would have far-reaching implications for access to one of the most common methods of terminating a pregnancy in the US, including in places where abortion remains legal. For now, the supreme court ordered the pill to remain widely available while the appeals process plays out.Republicans are divided over how to counter the attacks. Some Republicans have argued that abortion is a matter best left to the states, a position recently endorsed by Donald Trump. Susan B Anthony Pro-Life America (SBA), one of the most powerful anti-abortion groups, fired back with a warning to the party’s 2024 hopefuls: any candidate who does not endorse a national ban on abortions after 15 weeks of pregnancy will not receive their support.The rift between Trump and the movement leaders who once anointed him the “most pro-life” president in history for his role delivering the conservative supreme court majority that struck down Roe underscores the challenge for Republican candidates as they seek to appeal to their party’s socially conservative base in the primary without alienating independents and swing voters in a general election.Haley sought to strike that balance In her speech from SBA’s headquarters this week. Emphasizing her “pro-life” record both as the governor of South Carolina and Trump’s ambassador to the UN, she said there was a role for the federal government to play in regulating abortion, but largely avoided specific policy prescriptions.In a statement after the speech, SBA said Haley had made “clear” to the group that she was committed to “acting on the American consensus against late-term abortion by protecting unborn children by at least 15 weeks”. (A spokesman for the Haley campaign said she wanted to build “consensus to ban late-term abortion” but did not say whether she supported such a proposal. SBA did not respond to an email seeking clarity.)Senator Tim Scott of South Carolina waffled on his position in the days after launching a presidential exploratory committee, declining to say if he would support a national 15-week ban. He later backed a 20-week ban before saying in an interview that he would sign “the most conservative pro-life legislation you could bring to my desk”.Anti-abortion advocates applauded Governor Ron DeSantis of Florida, seen as Trump’s most formidable challenger for the nomination, after he signed into law legislation banning abortions after six weeks, before many women realize they are pregnant. But the decision to do so has alarmed some Republicans, including a top party donor who cited abortion as one of the reason he was pausing plans to fund DeSantis’s yet-to-be announced presidential bid.Perhaps no potential Republican contender has taken a harder line on abortion than the former vice-president Mike Pence, a staunch social conservative. He has embraced a national ban and recently welcomed the Texas decision on medication abortion, calling it a “victory for life”.Disagreement among the party’s notional field of Republican presidential contenders all but guarantees a robust policy debate on the issue, forcing them to articulate a federal plan that details how early in a pregnancy to restrict abortion and when to allow exceptions.Americans almost universally agree that women should be able to terminate their pregnancy in cases of rape, incest or to save the life of the mother, according to a new NBC poll. And a survey by the Pew Research Center recently found that Americans, by a margin of two to one, believe medication abortion should be legal.“As Republicans, we need to read the room on this issue because the vast majority of folks are not in the extremes,” the Republican congresswoman Nancy Mace of South Carolina said in an appearance on ABC News’s This Week. Mace, who like most of her party describes herself as “pro-life”, is part of an increasingly vocal group of Republicans urging her party to avoid politically perilous positions that risk alienating the broader American public that supports legal abortion.“We’re going to lose huge if we continue down this path of extremities,” she said.Leaders of the anti-abortion movement say Republicans’ silence on the issue, not their policy positions, is to blame for the string of recent electoral setbacks. They point to DeSantis, Georgia Governor Brian Kemp and Ohio Governor Mike DeWine as examples of Republicans who sailed to re-election last year, after signing into law new restrictions on abortion. All are from right-leaning but still-contested states.Republican “strategists are advising Republican candidates to talk as little as possible about abortion. Meanwhile, Biden plastered ABORTION all over his new campaign video,” Kristan Hawkins, the president of the anti-abortion group Students for Life of America, wrote on Twitter. “They are talking about it, so we 100% should be too.”Speaking recently at the Reagan Library, Ronna McDaniel, the chair of the Republican National Committee, urged the party faithful not to impose “rigid, ideological purity tests” while pushing her candidates to lean into the debate over abortion rights.“We can win on abortion but that means putting Democrats on the defense and forcing them to own their own extreme positions,” she said, citing polling that showed support for a 15-week federal ban.But corralling her party behind a unified policy is no easy task. After a half-century of pushing to eliminate federal abortion protections, conservatives feel emboldened to push ever more restrictive laws in places where they hold power.This week, North Dakota became the latest state to dramatically limit abortion, banning the procedure after six weeks of pregnancy, with no exceptions for rape or incest. And a new law in Idaho would criminalize those who help a minor obtain an abortion in another state without a parent’s permission.Meanwhile, in South Carolina and Nebraska, the state’s conservative-majority legislatures failed to pass new bills banning abortion, another sign of just how complicated the issue has become for Republicans.Molly Murphy, a Democratic pollster who has studied public attitudes on abortion, said voters are highly attuned to the fast-changing legal and political landscape. And repeatedly since Roe’s demise, she noted, they have made clear their opposition to further restrictions.“What voters want is for Republican politicians to stay out of their personal lives,” Murphy said. Until then, she said abortion rights would continue to be a powerful motivator for Democrats.“The energy has not waned,” she said. More

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      Leaked abortion draft made us ‘targets of assassination’, Samuel Alito says

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      Samuel Alito said the decision he wrote removing the federal right to abortion made him and other US supreme court justices “targets of assassination” but denied claims he was responsible for its leak in draft form.“Those of us who were thought to be in the majority, thought to have approved my draft opinion, were really targets of assassination,” Alito told the Wall Street Journal in an interview published on Friday.“It was rational for people to believe they might be able to stop the decision in Dobbs by killing one of us.”Alito wrote the ruling in Dobbs v Jackson, the Mississippi case that overturned Roe v Wade, which established the right to abortion in 1973.Alito’s draft ruling was leaked to Politico on 2 May last year, to uproar and protest nationwide. The final ruling was issued on 24 June.On 8 June, an armed man was arrested outside the home of Brett Kavanaugh, with Alito one of six conservatives on the nine-justice court. Charged with attempted murder of a United States judge, the man pleaded not guilty.The conservative chief justice, John Roberts, voted against overturning Roe, but the three rightwingers installed by Republicans under Donald Trump ensured it fell regardless.Progressives charged that a conservative, perhaps the hardline Alito, might have orchestrated the leak in an attempt to lock in a majority for such a momentous decision.Alito said: “That’s infuriating to me. Look, this made us targets of assassination. Would I do that to myself? Would the five of us have done that to ourselves? It’s quite implausible.”The leak was investigated by the supreme court marshal, without establishing a perpetrator.Saying the marshal “did a good job with the resources that were available”, Alito said he had “a pretty good idea who is responsible, but that’s different from the level of proof that is needed to name somebody”.Alito said the leak “was a part of an effort to prevent the Dobbs draft … from becoming the decision of the court. And that’s how it was used for those six weeks by people on the outside, as part of the campaign to try to intimidate the court.”He also said the leak “created an atmosphere of suspicion and distrust”. The justices “worked through it”, he said, “and last year we got our work done … but it was damaging”.Last November, after a bombshell New York Times report, Alito denied leaking information about a decision in a 2014 case about contraception and religious rights.His Wall Street Journal interview seemed bound to further anger Democrats and progressives. Justices regularly claim not to be politically motivated, but even with a Democrat in the White House the court has made other momentous conservative rulings, notably including a loosening of gun-control laws.Joe Biden’s administration has shied from calls for reform, including the idea justices should be added to establish balance or give liberals a majority, reflecting Democratic control of the White House and Senate.Alito told the Journal he did not “feel physically unsafe, because we now have a lot of protection”. He also said he was “driven around in basically a tank, and I’m not really supposed to go anyplace by myself without the tank and my members of the police force”.Complaining that criticism also stoked by corruption allegations against two more conservatives, Clarence Thomas and Neil Gorsuch, were “new during my lifetime”, Alito said: “We are being hammered daily, and I think quite unfairly in a lot of instances.“And nobody, practically nobody, is defending us. The idea has always been that judges are not supposed to respond to criticisms, but if the courts are being unfairly attacked, the organised bar will come to their defense.”Alito said legal authorities had, “if anything … participated to some degree in these attacks”.He declined to comment on reporting by ProPublica about Thomas’s friendship with Harlan Crow, a Republican mega-donor who has bestowed gifts and purchases which Thomas largely did not disclose.But Alito did complain about how Kavanaugh was treated when allegations of sexual assault surfaced during his confirmation process.“After Justice Kavanaugh was accused of being a rapist … he made an impassioned speech, made an impassioned scene, and he was criticised because it was supposedly not judicious, not the proper behavior for a judge to speak in those terms.“I don’t know – if somebody calls you a rapist?”Accusations against Kavanaugh included attempted rape while a high school student. On Friday, the Guardian reported that new information showed serious omissions in a Senate investigation of the allegations, mounted when Republicans controlled the chamber.Polling shows that public trust in the supreme court has reached historic lows.“We’re being bombarded,” Alito complained, “and then those who are attacking us say: ‘Look how unpopular they are. Look how low their approval rating has sunk.’“Well, yeah, what do you expect when … day in and day out, ‘They’re illegitimate. They’re engaging in all sorts of unethical conduct. They’re doing this, they’re doing that’?”Such attacks, he said, “undermine confidence in the government [as] it’s one thing to say the court is wrong; it’s another thing to say it’s an illegitimate institution”.With some court-watchers, the interview landed heavily.Robert Maguire, research director for Citizens for Responsibility and Ethics in Washington, an independent watchdog, said: “There is no depth to the pity [justices] – and Alito in particular – feel for themselves when they face public criticism.” More

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      How Joe Biden Can Win in 2024

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      In 2024, the fate of the Democratic Party will rest in the hands of an 81-year-old incumbent president whom a majority of the country disapproves of and even many Democratic voters think should step aside rather than run for re-election.In the past, the conventional wisdom would be that President Biden faces an uphill battle to win a second term. But in today’s volatile, polarized political environment — in which Mr. Biden’s predecessor and potential general election opponent, Donald Trump, became the first ex-president to be criminally indicted and Democrats posted a history-defying midterm performance — he opens his re-election campaign in a stronger position than many would expect.He can make a compelling case for his first-term accomplishments, his steady leadership and a vision of the country fundamentally different from what is on offer from Republicans — of freedom of opportunity and opportunity of freedom for all Americans.A number of factors have worked in his favor. Because of his age, Mr. Biden has been dogged by speculation about his re-election plans. But no major candidate has stepped up to challenge him in the Democratic primary, which will allow him and his campaign team to focus their time, efforts and resources on the general election.For months, Democrats have been frustrated with the gap between Mr. Biden’s accomplishments and the public’s awareness of them. Despite a flurry of big-ticket legislation that the president signed into law in 2021 and 2022, a February poll showed that 62 percent of Americans — including 66 percent of independents — believed that the Biden administration has accomplished either “not very much” or “little or nothing.” The administration has already begun chipping away at this perception deficit, with the president, vice president and cabinet officials fanning out to battleground states and other parts of the country to spotlight these accomplishments.The timing is right, because these programs are starting to have a big impact on the lives of many Americans. In March, Eli Lilly became the first major drug company to announce that it would cap out-of-pocket insulin costs at $35 a month, matching the Inflation Reduction Act’s cap on insulin costs for seniors. The administration says it has financed over 4,600 bridge repair and replacement projects across the country. And the private sector has committed over $200 billion in manufacturing investments since the passage of the Chips and Science Act, including $40 billion to build new semiconductor factories in Arizona and $300 million to manufacture semiconductor parts in Bay County, Mich.Mr. Biden has even made gains in mitigating voters’ concerns about his age. First, there was his lively, 73-minute State of the Union address, where he sparred ably with heckling Republicans, baiting them into backing his positions on Social Security and Medicare. And his surprise trip to Ukraine, which was the first time in modern history that a president visited an active war zone outside of the control of the U.S. military, received expansive coverage.But Mr. Biden’s biggest advantage might not come from anything he has done. Instead, it might come from the chaos among Republicans. This is welcome news for the president, who is fond of telling voters, “Don’t compare me to the almighty; compare me to the alternative.”There has been talk among many Republican leaders and donors about moving on from Mr. Trump — most recently, in the weeks after the 2022 midterms — but the base isn’t following their lead. Since his indictment by a Manhattan grand jury, his grip on the party, at least based on recent polling evidence, has grown tighter. That may be good news for his campaign, but he has significant vulnerabilities in a general election.And Mr. Trump is just the beginning of the G.O.P.’s problems. In recent years, the electorate has become more supportive of abortion rights. In the wake of the Supreme Court’s decision overturning Roe v. Wade, election after election has provided evidence of that. Yet Republicans have not come up with an answer — and in some ways, they seem to be making the problem worse. This month, Gov. Ron DeSantis of Florida signed into law a six-week abortion ban, which would prohibit the procedure before many women even know they are pregnant. Candidates and likely contenders including former Vice President Mike Pence, Senator Tim Scott of South Carolina and former Gov. Asa Hutchinson of Arkansas have endorsed extreme anti-abortion measures that would be effected nationally — upending years of Republican claims that abortion should be “left to the states.”There are no signs that abortion is letting up as a top issue for voters. This month, liberals won control of the Wisconsin Supreme Court for the first time in over a decade after Judge Janet Protasiewicz ran a campaign focused on abortion rights and extremism on the right and secured an 11-point victory.A key part of Mr. Biden’s appeal for Democrats is that he doesn’t provoke the sort of divisiveness that Mr. Trump does. Despite Mr. Biden’s sagging approval ratings, in the 2022 midterms, we saw that voting against the president was not a big motivator for many Americans (compared with 2018, when casting a vote against Mr. Trump was a substantial motivator).If these trends continue, Democratic voters will continue to be motivated to vote against an extremist Republican Party — and Democrats will stand a good chance of winning the critical independent bloc.President Biden and his team still have work to do to firm up his support before the election. First up is navigating a debt-ceiling showdown with Speaker Kevin McCarthy in the House, where Republican gamesmanship threatens the nation’s credit rating and could spike Americans’ mortgage, student loan and car payment rates. The issue is tailor-made to play to Mr. Biden’s core strength — that he is a competent, steady hand in an otherwise chaotic political system.The Biden team will also need to increase their messaging to voters about what he has been able to achieve in his first term and what’s at stake over the next four years. That effort will focus in particular on swing-state voters in Michigan, Wisconsin, Pennsylvania, Arizona and Georgia, and will highlight progress in critical areas like infrastructure, manufacturing and job creation.Mr. Biden’s announcement video provides a preview of what we’ll be hearing from him over the next 18 months, and the subsequent four years if he’s re-elected: He is a defender of democracy and a protector of Americans’ personal freedoms and rights, including the rights of Americans to make their own decisions about reproductive health, to vote and to marry the person they love. The video juxtaposes chaotic images of Jan. 6, abortion protests outside the Supreme Court and Republican firebrands like Representative Marjorie Taylor Greene with wholesome videos of Mr. Biden hugging and holding hands with Americans from every walk of life.The message is as subtle as sledgehammer: Do you really want to hand the country over to the Republicans and relive the chaos of the Trump years?Ultimately, if Joe Biden emerges victorious in November 2024, it will be because voters preferred him to the alternative — not to the almighty.Lis Smith (@Lis_Smith), a Democratic communications strategist, was a senior adviser to Pete Buttigieg’s presidential campaign and is the author of the memoir “Any Given Tuesday: A Political Love Story.”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: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Biden’s 2024 Re-Election Campaign Begins. You Might Miss It at First.

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      The president has no immediate plans to barnstorm key states with large rallies. He will instead try to burnish his record, and hope Republican infighting continues.President Biden has formally moved from a campaign-in-waiting to a campaign of waiting.Despite his heavily anticipated re-election announcement on Tuesday, Mr. Biden has no immediate plans to barnstorm the key battlegrounds. Decorative bunting is nowhere to be found, and large rallies will come later.Instead, Mr. Biden’s next steps look much like his recent ones: leveraging the White House to burnish his record with ribbon-cuttings, and willingly ceding the stage to a Republican presidential primary that is already descending into a dogfight between Donald J. Trump and Gov. Ron DeSantis of Florida, even before he has entered the race.The first 24 hours, a heavily scripted period in any campaign, serve as a Biden road map for the months to come: a video announcement and an array of text messages to spur online donations; the behind-the-scenes hiring of his campaign team; an official White House event that doubled as a campaign opportunity; and a rally focused on abortion rights, headlined by the vice president, at a historically Black university.“This is not a time to be complacent,” Mr. Biden says in the video, which spends more time warning of threats posed by Republicans — to abortion rights, entitlement programs and democracy — than articulating a policy vision for a second term.Celinda Lake, a Democratic pollster who worked on Mr. Biden’s 2020 campaign, said the two public appearances on Tuesday by the president and vice president — at a labor union conference talking about his economic agenda for the middle class and at the abortion-rights rally — captured “two pillars of the campaign” to come.At the same time, she predicted little public campaigning anytime soon for the 80-year-old president.“It’s about getting staff, it’s about raising money, it’s about stopping the ridiculous questions of if he’s running,” Ms. Lake said. “That is the antidote to whether he has the energy to run, to questions about his age.”Biden advisers say his entry was driven more by the internal demands of constructing a presidential campaign rather than the external need to communicate with voters, which he can do from the White House, though his team has begun producing potential advertisements. The Democratic National Committee has bought advertising time beginning Wednesday on MSNBC and on local stations in Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin, according to AdImpact, a media tracking service.On Tuesday, Mr. Biden announced a campaign manager and her principal deputy, along with seven national co-chairs. It is no accident that instead of immediately traveling to a battleground state, Mr. Biden will huddle with some of his biggest donors on Friday in the capital.At moments, the campaign rollout had the feel of a nostalgia tour, like an old band trying to recapture the magic of the past. The announcement was timed to the exact day of Mr. Biden’s kickoff four years earlier. His first speech, then and now, was to a labor union. And then as now, Jill Biden, the first lady, snapped a photo in front of the same building at the Northern Virginia Community College where she teaches English.The 2024 presidential race is expected to revolve around about half a dozen highly competitive states.The epicenter will be the two Sun Belt states, Georgia and Arizona, that Mr. Biden in 2020 put into the Democratic column for the first time since the 1990s, as well as the three industrial states touching the Great Lakes that are perennial battlegrounds: Michigan, Wisconsin and Pennsylvania. Nevada and North Carolina, which has been just out of Democrats’ grasp in recent years, are expected to have heavy spending, as well.Mr. Biden held a video call on Tuesday with roughly a dozen Democratic governors to discuss messaging in battleground states and carrying out the administration’s agenda, according to a person with direct knowledge of the call. The call included, among others, the governors of Michigan, Pennsylvania and North Carolina.In Mr. Biden’s labor conference speech, he delivered a lengthy recitation of the policy achievements of his first two years in office, and was briefly interrupted with the “four more years” chant familiar to every presidential re-election campaign. He spoke of signing trillions in stimulus and infrastructure spending and, as in his announcement video, warned of “MAGA” Republicans who he said threatened to destroy the fabric of the country.“The speaker, the former president, the MAGA extremists, they’re cut from a different cloth,” Mr. Biden said. “The threat that MAGA Republicans pose is to take us to a place we’ve never been.”Mr. Biden speaking in Wilmington, Del., in October 2020, when coronavirus restrictions and precautions greatly reduced in-person campaigning. Erin Schaff/The New York TimesFor a re-election bid, Mr. Biden’s campaign introduction presented a curiously dark vision of the country.In his video, he said his fight in 2020 to restore the “soul of the nation” was still incomplete, and at risk. At his speech, the biggest applause lines were his vows to defend the country from various perils, not any remarks presenting an uplifting vision for the future.“It’s been one crisis after another,” said Cristóbal Alex, who worked on Mr. Biden’s 2020 run and in his White House. “The country remains on the cliff. And the election of Donald Trump or a similar MAGA type would push the country over the brink.”Some elements of the campaign were not completed until last weekend, and the re-election staff is still being built out. Representative Veronica Escobar, a Texas Democrat, said she had received a call from Mr. Biden on Sunday asking her to be a campaign co-chair.“I don’t quite know exactly what’s ahead,” she said. “I’ve never done this before.”Mr. Biden’s team is sensitive to questions about his age and the rigor of his schedule, especially after he won in 2020 while campaigning most of the year from his Delaware home because of the pandemic. The White House has compiled a chart tracking his travel so far in 2023, and it shows that his number of trips outpaced former President Barack Obama’s in the same time period in 2011.With the widespread end of coronavirus precautions, Democrats are predicting a return to normalcy on the campaign trail. The 2020 race “will have turned out to be, I think, an atypical election,” said Gov. Phil Murphy of New Jersey, the chairman of the Democratic Governors Association.But Mr. Biden’s campaign is hardly seeking to have him dominate the headlines. As he has traveled the country recently to promote his legislative accomplishments, the nation’s attention has often focused elsewhere, especially on the never-ending legal and political drama encircling his predecessor.In January, when Mr. Biden stood beside Senator Mitch McConnell of Kentucky, the G.O.P. leader, for a ribbon-cutting on a major bridge project over the Ohio River, Republicans in Washington were engaged in a weeklong spectacle over the next House speaker.“Frankly, the best way to run for re-election as president is to be president,” said Senator Chris Coons of Delaware, a longtime Biden ally who was announced as a national campaign co-chairman.Mr. Biden’s video and Tuesday speech seemed to goad more Republican infighting, featuring a short clip of Mr. Trump and Mr. DeSantis shaking hands.“Let the other side continue to self-destruct,” said Alan Kessler, a Democratic bundler who has raised money for Mr. Biden.As Mr. Biden has traveled the country in recent months to promote his legislative accomplishments, the nation’s political attention has often focused elsewhere.Doug Mills/The New York TimesThen there is the issue of abortion rights, on which Mr. Biden has his own long and complicated political history that he sought to avoid discussing in 2020. Since last summer’s Supreme Court decision overturning Roe v. Wade, the issue has become a top Democratic motivator, powering some unexpected midterm victories and a sweeping triumph this month in a contest for the Wisconsin Supreme Court.“We all know abortion is going to be — if not the top issue — one of the top issues for 2024,” said Mini Timmaraju, the president of NARAL Pro-Choice America, which sponsored the abortion rights rally at Howard University on Tuesday night where Ms. Harris was set to be the headline speaker.Ron Klain, Mr. Biden’s former chief of staff, said the president, like other Democrats, was aware of how the Supreme Court’s abortion decision had galvanized voters in his party’s favor.“He’s going to talk about protecting reproductive freedom, reproductive rights,” Mr. Klain said Tuesday.Mr. Biden did not say the word “abortion” in his kickoff video, though just four seconds in, there is an image of a woman standing outside the Supreme Court holding a sign that reads, “Abortion is health care.”The only images preceding that shot were of the Capitol riot on Jan. 6, 2021.The first word uttered by Mr. Biden captures both scenes, and is one that Democrats hope will frame the 2024 campaign: “Freedom.”“The question we are facing,” he says in the video, “is whether in the years ahead we have more freedom or less freedom.”Katie Glueck More

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      With Biden’s 2024 Bid, Kamala Harris Will Be Under More Scrutiny

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      The vice president will be central to President Biden’s re-election efforts, particularly on the issue of abortion access. Both critics and supporters say the increased spotlight is a good thing.WASHINGTON — Kamala Harris, the vice president, was featured heavily throughout a video that President Biden used to announce his 2024 campaign on Tuesday, a strong signal that she will be a central part of his re-election efforts.Somehow, both her harshest critics and her staunchest allies see this as a good thing.To her supporters, Ms. Harris, 58, represents broad swaths of the American electorate that Mr. Biden does not: She is a woman, she is biracial and she is decades younger than the 80-year-old president, who would be 86 at the end of a second term. She is seen as the administration’s most visible advocate on issues including voting rights, access to abortion and combating climate change.But her detractors — who include both Republicans and Democrats — say she is unprepared for the scrutiny that is sure to come her way as she positions herself as the potential heir apparent to a Biden presidency. And some do not think the issues in her portfolio will appeal to the independent and moderate voters who tend to decide presidential elections.“What swing voter wakes up and says, ‘Boy, Kamala Harris is going to move me?’” said Mike Murphy, a political strategist who was a longtime adviser to John McCain, the Republican senator and presidential candidate. Mr. Biden and Ms. Harris are still betting that the case they are making to America — that their administration represents the protection of civil liberties and the return of stable governing — will have broad appeal. Hours after Mr. Biden announced his re-election bid on Tuesday, Ms. Harris participated in events that were designed to present her as an emissary of the president but also showcase the ways in which their roles will differ on the campaign trail.On Tuesday afternoon, she appeared alongside President Yoon Suk Yeol of South Korea, who is in Washington this week for a state visit, at the National Aeronautics and Space Administration Goddard Space Flight Center. There, the two promoted joint projects between the South Korean and U.S. governments and said they would work together to monitor the threat of climate change.Later in the evening, the vice president previewed a fiery and polished campaign style as she attended an event promoting abortion rights, an issue that is likely to define the 2024 race and one that Republicans are struggling to build a unified platform around.She spent her first night on the trail visiting Howard University, a historically Black college and her alma mater, to participate in a rally co-hosted by Planned Parenthood and NARAL Pro-Choice America. Howard students chanted “Four More Years” and gave Ms. Harris a standing ovation as she took the stage.“We are living, I do believe, in a moment in time where so many of our hard-won freedoms are under attack,” Ms. Harris said. “And this is a moment for us to stand and fight.”She criticized the Supreme Court for taking a constitutional right “from the women of America” and assailed “extremist” Republicans around the country for passing restrictive abortion laws, including those that outlaw the procedure in cases of rape and incest — “clearly, most of them don’t even know how a woman’s body works,” she remarked at one point.“Immoral, outrageous, that people who dare to walk around expecting you to respect them, and elect them, would do these kinds of things to other human beings and strip them of their right and entitlement to dignity and autonomy,” Ms. Harris said.An increased number of appearances by Ms. Harris will mean that conservative media outlets like Fox News will have more opportunities to scrutinize everything from the substance of her remarks to her body language, a practice that the vice president’s allies say is rooted in sexism and racism.Some conservative critics have tried to make the case that a vote for Mr. Biden is really a vote for President Harris. On Tuesday, a campaign ad released by the Republican National Committee juxtaposed an image of the president and vice president against artificially generated doomsday scenes.“Republicans will definitely try to make the race as much about her as possible because they see her as more vulnerable, more unpopular,” Tim Miller, a political strategist and communications director for Jeb Bush’s 2016 presidential campaign, said in an interview. But like Mr. Biden, Ms. Harris has low approval ratings: A recent poll found that 36 percent of Americans think she is doing a good job.“I think she’ll play a more significant role than another V.P. would in another situation,” Mr. Miller added.Vice President Kamala Harris hugging Justin J. Pearson at Fisk Memorial Chapel in Nashville, Tenn., earlier this month, after he was ousted as a state representative in a move that some saw as racially motivated. He was later reinstated. Jon Cherry for The New York TimesMs. Harris came into the Biden administration with an undefined portfolio and stepped into one of the trickiest roles in American politics. She has spent the past two years trying to establish her legacy amid frequent staff turnover and thorny assignments, including addressing the root cause of migration from Central America to the United States. During the first months of his presidency, Mr. Biden referred to her as a “work in progress,” according to Chris Whipple, who wrote a book on the Biden presidency.Several current and former aides said she began to find her footing when she requested to be the administration’s leader on voting rights — only to remain the public face of the issue as legislative efforts to expand ballot access died in Congress.In recent months, she has established herself as an advocate of police reform and as the standard-bearer for the administration on abortion rights since Roe v. Wade, which established a constitutional right to abortion, was overturned by the Supreme Court last summer.In recent weeks, Ms. Harris has also traveled to help further Mr. Biden’s calls for stricter gun control measures amid a series of mass shootings. In early April, she made a last-minute trip to Nashville to meet with State Representatives Justin J. Pearson and Justin Jones, two Democratic lawmakers who were expelled for protesting for gun control on the Tennessee House floor and later reinstated. She also met with the two lawmakers, who are Black, alongside the president in Washington this week.“There’s an agenda at play,” Ms. Harris said at Howard. “They even went so far that they had to turn off the microphones on two young elected leaders in Nashville because they couldn’t even stand it. They couldn’t even handle it, these people who want to call themselves leaders.”Ms. Harris’s supporters say they see enormous potential for the vice president to bolster her reputation and further define her legacy as the campaign season approaches. Lt. Gov. Eleni Kounalakis of California, who visited Ms. Harris last week in Washington, said the vice president had grown into her role. She added that Ms. Harris would be able to showcase more of her skills on the campaign trail this time than in 2020, during the height of the pandemic.“Particularly with the younger climate activist leaders in the room, and particularly with people of color, she is an inspirational champion,” Ms. Kounalakis said. “Connecting with real people on the campaign trail is very natural for her, and where she truly thrives.” More

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      Republicans Did Something Most People Don’t Like, So They’re Changing the Rules

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      When Nikki Haley, the former South Carolina governor and United Nations ambassador, announced her campaign for the Republican presidential nomination in February, she remarked that the Republican Party had “lost the popular vote in seven out of the last eight presidential elections.” That, she said, “has to change.”Her fellow Republicans appear to disagree. Across the country, Republican officeholders and activists have abandoned any pretense of trying to win a majority of voters. Last week, for example, Cleta Mitchell — a top Republican lawyer, strategist and fund-raiser — told donors to the Republican National Committee that conservatives had to limit voting on college campuses and tighten rules for voter registration and mail-in ballots. Only then, she said, could Republicans level the playing field for the 2024 presidential election. “The left has manipulated the electoral systems to favor one side — theirs,” she said in her presentation. “Our constitutional Republic’s survival is at stake.”The Republican Party’s hostility to popular government is most apparent on issues where the majority stands sharply opposed to conservative orthodoxy. Rather than try to persuade voters or compromise on legislation, much of the Republican Party has made a conscious decision to insulate itself as much as possible from voters and popular discontent.None of this is new, of course. The first major wave of Republican voter restrictions landed in 2011 after the previous year’s Tea Party-driven election. The Supreme Court unraveled a key section of the Voting Rights Act two years later in Shelby County v. Holder. And it’s been more than 10 years since Republicans in Wisconsin gerrymandered themselves into an almost impenetrable legislative majority.There’s still room for innovation, however, and in the past year Republicans have opened new fronts in the war for minority rule. One element in these campaigns, an aggressive battle to limit the reach of the referendum process, stands out in particular. Wherever possible, Republicans hope to raise the threshold for winning a ballot initiative from a majority to a supermajority or — where such a threshold already exists — add other hurdles to passage. It’s an abrupt change from earlier decades, when Republicans used referendums to build support and enthusiasm among their voters on both social and economic issues.The initiative and referendum processes were envisioned at the start of the 20th century to circumvent an unrepresentative and recalcitrant legislature. And in the year since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health, voters have used both to do exactly that. As my newsroom colleagues Kate Zernike and Michael Wines noted on Sunday, “Voters pushed back decisively after the Supreme Court overturned Roe v. Wade last year, approving ballot measures that established or upheld abortion rights in all six states where they appeared.”In the face of public opposition to their unpopular views on abortion, Republicans had three choices: make the case to voters that tough abortion restrictions were worthwhile; compromise and bend to public opinion; or change the rules so that their opponents could not protect abortion rights against the will of a legislature that wants to ban the procedure.You know where this is going.Ahead of an effort to enshrine abortion rights into the state Constitution with a ballot measure that would go to voters in a November general election, Ohio Republicans are advancing a ballot measure that would raise the threshold for passing such a measure to 60 percent. If they get their way, the measure could go to voters in an August special election (previously, Ohio Republicans had opposed August special elections). This new rule requiring a supermajority would take only a simple majority to pass.In the wake of successful ballot initiatives to adopt the Medicaid expansion and legalize recreational marijuana, which passed in 2020 and 2022, Missouri Republicans also want to create a new supermajority requirement for ballot measures. One proposal would require 60 percent of the vote; the other two would require a two-thirds vote. Another related proposal would require any ballot initiative to receive a majority of the vote in half of Missouri’s 34 State Senate districts, most of which are sparsely populated. It would create, in essence, an electoral college for ballot initiatives.Republicans in Florida want to raise their state’s threshold for amending the Constitution through ballot initiative from 60 percent of the vote to nearly 67 percent. And after voters in Arkansas rejected a ballot measure to put new restrictions on future ballot measures, Republicans under Gov. Sarah Huckabee Sanders simply passed the changes into law, using the legislature to do what they could not accomplish with the ballot measure.There is a point to make here about supermajority thresholds for lawmaking, whether it’s in or outside the legislature. The common defense of the supermajority threshold is that it is a tool to build or encourage consensus. But as Alexander Hamilton observed of the Articles of Confederation — which demanded consensus, even unanimity, for the Confederation Congress to take action — “To give a minority a negative upon the majority (which is always the case where more than a majority is requisite to a decision) is, in its tendency, to subject the sense of the greater number to the lesser.” In other words, a supermajority requirement is more akin to a minority veto than it is a technique for the promotion of consensus.There are times and circumstances where demanding a supermajority makes sense. But the Republican opponents of majority rule for ballot initiatives aren’t thinking about the best way to structure direct lawmaking by the public. They are thinking about the best way to keep voters from stopping their efforts to ban abortion (or legalize marijuana or give health insurance to working people), as if all power belongs to them and not, say, the people.As a unit of governance, the state legislature is both unusually powerful, with broad discretion over large areas of public policy, and unusually open to partisan and ideological capture through luck, timing and open manipulation of the rules. Part of the political story of the past decade (and farther back still) is how the Republican Party and the conservative movement have used these facts to their advantage.With gerrymandering, Republicans in several otherwise competitive states have built a nearly impenetrable wall around their legislative majorities. Through restrictions on the vote, they can keep as many of their opponents from the ballot box as is feasible. With fanciful doctrines like the so-called independent state legislature theory, they could have a pretext for amassing even more power to shape elections — even if the Supreme Court rejects the theory in its strongest form. And if all of this isn’t enough to tilt the playing field, Republicans can, as we see, change the rules of referendums and initiatives to limit direct policymaking by the voters.One of the many self-justifying myths about the counter-majoritarian features of the American political system is that they exist to curtail or prevent the “tyranny of the majority.” Americans today might want to remember something the framers never forgot: Much worse than the tyranny of the many is the tyranny of the few.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: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      North Dakota governor signs law banning nearly all abortions

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      North Dakota on Monday adopted one of the strictest anti-abortion laws in the US as the Republican governor Doug Burgum signed legislation banning the procedure throughout pregnancy, with slim exceptions up to six weeks’ gestation.In those early weeks, abortion would be allowed only in cases of rape, incest or medical emergency, such as ectopic pregnancy.“This bill clarifies and refines existing state law … and reaffirms North Dakota as a pro-life state,” Burgum said in a statement.Last year’s US supreme court ruling overturning the 1973 Roe v Wade decision that legalized abortion nationwide has triggered multiple state laws banning or restricting the procedure. Many were met with legal challenges. Currently, bans on abortion at all stages of pregnancy are in place in at least 13 states and on hold in others because of court injunctions. On the other side, Democratic governors in at least 20 states this year launched a network intended to strengthen abortion access in the wake of the supreme court decision that eliminated women’s constitutional right to end a pregnancy and shifted regulatory powers over the procedure to state governments.The North Dakota law is designed to take effect immediately, but last month the state supreme court ruled a previous ban is to remain blocked while a lawsuit over its constitutionality proceeds. Last week, lawmakers said they intended to pass the latest bill as a message to the state’s high court signaling that the people of North Dakota want to restrict abortion.Supporters have said the measure signed Monday protects all human life, while opponents contend it will have dire consequences.North Dakota no longer has any abortion clinics. Last summer, the state’s only facility, the Red River Women’s Clinic, shut its doors in Fargo and moved operations a short distance across the border to Moorhead, Minnesota, where abortion remains legal. The clinic’s owner is still pursuing a lawsuit challenging the constitutionality of North Dakota’s previous abortion ban.It’s expected that this new ban will also be the subject of legal challenges.Republican Senator Janne Myrdal, of Edinburg, sponsored the latest state legislation.“North Dakota has always been pro-life and believed in valuing the moms and children both,” Myrdal said in an interview. “We’re pretty happy and grateful that the governor stands with that value.”Liz Conmy, a Democratic representative, voted against the bill and said she had hoped Burgum would not sign it.“I don’t think women in North Dakota are going to accept this and there will be action in the future to get our rights back,” Conmy said. “Our legislature is overwhelmingly pro-pregnancy, but I think women in the state would like to make their own decisions.” More