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    Republicans Block Voting Rights Bill, Dealing Blow to Biden and Democrats

    All 50 G.O.P. senators opposed the sweeping elections overhaul, leaving a long-shot bid to eliminate the filibuster as Democrats’ best remaining hope to enact legal changes.WASHINGTON — Republicans on Tuesday blocked the most ambitious voting rights legislation to come before Congress in a generation, dealing a blow to Democrats’ attempts to counter a wave of state-level ballot restrictions and supercharging a campaign to end the legislative filibuster.President Biden and Democratic leaders said the defeat was only the beginning of their drive to steer federal voting rights legislation into law, and vowed to redouble their efforts in the weeks ahead.“In the fight for voting rights, this vote was the starting gun, not the finish line,” said Senator Chuck Schumer, Democrat of New York and the majority leader. “We will not let it go. We will not let it die. This voter suppression cannot stand.”But the Republican blockade in the Senate left Democrats without a clear path forward, and without a means to beat back the restrictive voting laws racing through Republican-led states. For now, it will largely be left to the Justice Department to decide whether to challenge any of the state laws in court — a time-consuming process with limited chances of success — and to a coalition of outside groups to help voters navigate the shifting rules.Democrats’ best remaining hope to enact legal changes rests on a long-shot bid to eliminate the legislative filibuster, which Republicans used on Tuesday to block the measure, called the For the People Act. Seething progressive activists pointed to the Republicans’ refusal to even allow debate on the issue as a glaring example of why Democrats in the Senate must move to eliminate the rule and bypass the G.O.P. on a range of liberal priorities while they still control Congress and the presidency.They argued that with former President Donald J. Trump continuing to press the false claim that the election was stolen from him — a narrative that many Republicans have perpetuated as they have pushed for new voting restrictions — Democrats in Congress could not afford to allow the voting bill to languish.Senator Mitch McConnell, the minority leader, denounced any attempt to gut the filibuster.Sarahbeth Maney/The New York Times“The people did not give Democrats the House, Senate and White House to compromise with insurrectionists,” Representative Ayanna Pressley, Democrat of Massachusetts, wrote on Twitter. “Abolish the filibuster so we can do the people’s work.”Liberal activists promised a well-funded summertime blitz, replete with home-state rallies and million-dollar ad campaigns, to try to ramp up pressure on a handful of Senate Democrats opposed to changing the rules. Mounting frustration with Republicans could accelerate a growing rift between liberals and more moderate lawmakers over whether to try to pass a bipartisan infrastructure and jobs package or move unilaterally on a far more ambitious plan.But key Democratic moderates who have defended the filibuster rule — led by Senators Joe Manchin III of West Virginia and Kyrsten Sinema of Arizona — appeared unmoved and said their leaders should try to find narrower compromises, including on voting and infrastructure bills.Ms. Sinema dug in against eliminating the filibuster on the eve of the vote, writing an op-ed in The Washington Post defending the 60-vote threshold. Without the rule there to force broad consensus, she argued, Congress could swing wildly every two years between enacting and then reversing liberal and conservative agenda items.“The filibuster is needed to protect democracy, I can tell you that,” Mr. Manchin told reporters on Tuesday.In their defeat, top Democrats appeared keen to at least claim Republicans’ unwillingness to take up the bill as a political issue. They planned to use it in the weeks and months ahead to stoke enthusiasm with their progressive base by highlighting congressional Republicans’ refusal to act to preserve voting rights at a time when their colleagues around the country are racing to clamp down on ballot access.Vice President Kamala Harris spent the afternoon on Capitol Hill trying to drum up support for the bill and craft some areas of bipartisan compromise.Erin Schaff/The New York Times“Once again, Senate Republicans have signed their names in the ledger of history alongside Donald Trump, the big lie and voter suppression — to their enduring disgrace,” Mr. Schumer said. “This vote, I’m ashamed to say, is further evidence that voter suppression has become part of the official platform of the Republican Party.”Democrats’ bill, which passed the House in March, would have ushered in the largest federally mandated expansion of voting rights since the 1960s, ended the practice of partisan gerrymandering of congressional districts, forced super PACs to disclose their big donors and created a new public campaign financing system.It would have pushed back against more than a dozen Republican-led states that have enacted laws that experts say will make it harder for people of color and young people to vote, or shift power over elections to G.O.P. legislators. Other states appear poised to follow suit, including Texas, whose Republican governor on Tuesday called a special legislative session in July, when lawmakers are expected to complete work on a voting bill Democrats temporarily blocked last month.After months of partisan wrangling over the role of the federal government in elections, the outcome on Tuesday was hardly a surprise to either party. All 50 Senate Democrats voted to advance the federal legislation and open debate on other competing voting bills. All 50 Republicans united to deny it the 60 votes needed to overcome the filibuster, deriding it as a bloated federal overreach.Republicans never seriously considered the legislation, or a narrower alternative proposed in recent days by Mr. Manchin. They mounted an aggressive campaign in congressional committees, on television and finally on the floor to portray the bill as a self-serving federalization of elections to benefit Democrats. They called Democrats’ warnings about democracy hyperbolic. And they defended their state counterparts, including arguments that the laws were needed to address nonexistent “election integrity” issues Mr. Trump raised about the 2020 election.“The filibuster is needed to protect democracy, I can tell you that,” Senator Joe Manchin III said.Erin Schaff/The New York TimesSenate Republicans particularly savaged provisions restructuring the Federal Election Commission to avoid deadlocks and the proposed creation of a public campaign financing system for congressional campaigns.“These same rotten proposals have sometimes been called a massive overhaul for a broken democracy, sometimes just a modest package of tweaks for a democracy that’s working perfectly and sometimes a response to state actions, which this bill actually predates by many years,” said Senator Mitch McConnell, Republican of Kentucky and the minority leader. “But whatever label Democrats slap on the bill, the substance remains the same.”His top deputy, Senator John Thune of South Dakota, also threw cold water on any suggestion the two parties could come together on a narrower voting bill as long as Democrats wanted Congress to overpower the states.“I don’t think there’s anything I’ve seen yet that doesn’t fundamentally change the way states conduct elections,” he said. “It’s sort of a line in the sand for most of our members.”At more than 800 pages, the For the People Act was remarkably broad. It was first assembled in 2019 as a compendium of long-sought liberal election changes and campaign pledges that had energized Democrats’ anti-corruption campaign platform in the 2018 midterm elections. At the time, Democrats did not control the Senate or the White House, and so the bill served more as a statement of values than a viable piece of legislation..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}When Democrats improbably won control of them, proponents insisted that what had essentially been a messaging bill become a top legislative priority. But the approach was always flawed. Mr. Manchin did not support the legislation, and other Democrats privately expressed concerns over key provisions. State election administrators from both parties said some of its mandates were simply unworkable (Democrats proposed tweaks to alleviate their concerns). Republicans felt little pressure to back a bill of its size and partisan origins.Senator Amy Klobuchar, right, announced that she would use her gavel on the Rules Committee to hold a series of hearings on election issues.Sarahbeth Maney/The New York TimesDemocratic leaders won Mr. Manchin’s vote on Tuesday by agreeing to consider a narrower compromise proposal he drafted in case the debate had proceeded. Mr. Manchin’s alternative would have expanded early and mail-in voting, made Election Day a federal holiday, and imposed new campaign and government ethics rules. But it cut out proposals slammed by Republicans, including one that would have neutered state voter identification laws popular with voters and another to set up a public campaign financing system.Mr. Manchin was not the only Democrat keen on Tuesday to project a sense of optimism and purpose, even as the party’s options dwindled. Senator Amy Klobuchar, Democrat of Minnesota, announced she would use her gavel on the Rules Committee to hold a series of hearings on election issues, including a field hearing in Georgia to highlight the state’s restrictive new voting law.Vice President Kamala Harris, who asked to take the lead on voting issues for Mr. Biden, spent the afternoon on Capitol Hill trying to drum up support for the bill and craft some areas of bipartisan compromise. She later presided over the vote.“The fight is not over,” she told reporters afterward.Facing criticism from party activists who accused him of taking too passive a role on the issue, Mr. Biden said he would have more to say on the issue next week but vowed to fight on against the dawning of a “Jim Crow era in the 21st century.”“I’ve been engaged in this work my whole career, and we are going to be ramping up our efforts to overcome again — for the people, for our very democracy,” he said in a statement.But privately, top Democrats in Congress conceded they had few compelling options and dwindling time to act — particularly if they cannot persuade all 50 of their members to scrap the filibuster rule. The Senate will leave later this week for a two-week break. When senators return, Democratic leaders, including Mr. Biden, are eager to quickly shift to consideration of an infrastructure and jobs package that could easily consume the rest of the summer.They have also been advised by Democratic elections lawyers that unless a voting overhaul is signed into law by Labor Day, it stands little chance of taking effect before the 2022 midterm elections.Both the House and the Senate are still expected to vote this fall on another marquee voting bill, the John Lewis Voting Rights Advancement Act. The bill would put teeth back into a key provision of the Voting Rights Act of 1965 that made it harder for jurisdictions with a history of discrimination to enact voting restrictions, which was invalidated by the Supreme Court in 2013. While it does have some modest Republican support, it too appears to be likely doomed by the filibuster.“This place can always make you despondent,” said Senator Christopher S. Murphy, Democrat of Connecticut. “The whole exercise of being a member of this body is convincing yourself to get up another day to convince yourself that the fight is worth engaging in. But yeah, this certainly feels like an existential fight.”Jonathan Weisman More

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    Joe Biden Is as Puzzled by the Senate as You Are

    Gail Collins: Bret, it’s been a while between conversations and although I’ve been on vacation I have noticed a lot of … stuff. Particularly the frozen Senate. Tell me, who’s your hero? Action-stopping Joe Manchin? Perpetually plotting Mitch McConnell? Let’s-all-get-along Mitt Romney?Bret Stephens: Welcome back from holiday, Gail. Years ago I won a minor journalism award on the strength of my mockery of Mitt Romney’s presidential bid. But how can you not love a Republican who voted to convict Donald Trump of high crimes and misdemeanors not once, but twice?Gail: Yeah, I’ve certainly gotten over that dog on the roof of his car.Bret: That said, my hero of the hour is the gentleman from West Virginia. Everybody hates the filibuster until they find themselves in the minority, and Manchin is doing his fellow Democrats a favor, which they can thank him for when they lose the majority. I really don’t understand how some liberals attack the filibuster as some kind of emblem of white supremacy when both Barack Obama and Joe Biden were defending its sanctity during a period of Republican control of the Senate. Come to think of it, as Democratic senators past and present go, I think I like Manchin almost as much as I like the other Joe — Lieberman, that is.But how about you? Who is your senator of the hour?Gail: Oh gosh, I’m fascinated by the Lieberman-Manchin coupling. I think you’re the first one who’s suggested to me it might be a … welcome development. We’ve divided on the Lieberman issue before. I’ve blamed him for everything from Al Gore’s loss of the presidency to the flaws in Obamacare, but I won’t torture you on that front today.Bret: Shouldn’t you blame, um, Ralph Nader, or Antonin Scalia, or those earth-tone suits for Gore’s loss? Sorry, go on.Gail: There are two reasons Manchin keeps holding up the Biden agenda. One is that he’s from a very Republican state and has to keep reminding his voters he isn’t like those other Democrats. Perfectly understandable, but not exactly heroic.Bret: Well, you can have a conservative Democrat from West Virginia who votes with his party roughly 62 percent of the time. Or you can have a Trumpist Republican who votes with her party 100 percent of the time. I think liberals should give their red state Democrats a little more respect lest they be tempted to defect like Colorado’s Ben Campbell, Alabama’s Richard Shelby and Texas’ Phil Gramm.Gail: Manchin also just seems like he thinks it’s cool to be the one guy who can stop every bill in its tracks. But in this kind of situation, being the big “no” vote isn’t heroic, it’s posturing.As to my senator of the hour, don’t know if I have a good nominee, but I am very, very tempted to drive you crazy and say Chuck Schumer.Bret: Ideological differences aside, I genuinely like the senator and his wonderful wife Iris. So I’ll refrain from suggesting that the Senate majority leader would ever stoop to any political posturing of his own. What is it that you’re liking about him so much lately?Gail: These days, Senate majority leader isn’t exactly a pleasant gig. Rounding up the votes to get anything done in a 50-50 chamber is godawful. But Schumer’s been doing pretty well at holding things together. You can tell he really gets a kick out of having the job.And admit it, he’s more likable than Mitch McConnell.Bret: Gail, that’s like setting the bar at the bottom of the Dead Sea.Gail: Meanwhile, there’s that movement by conservative Catholic bishops to deny Biden the right to take communion because he supports abortion rights.I’m pretty confident where you’ll come down on this one, but let me hear your thoughts.Bret: Well, as a friend of mine pointed out to me the other day, if the bishops are going to deny Joe Biden communion for his pro-choice views, shouldn’t they also deny communion to pro-death penalty conservatives? Last I checked, the Vatican wasn’t too keen on lethal injections, either. This seems pretty, um, selective in its opprobrium.But, hey, as a member of the original Abrahamic faith, what do I know about all this Catholic stuff? I’m more interested in your view of the subject.Gail: When I went through Catholic schools, we were taught abortion was murder, period. I stopped believing that a very long time ago, but I do understand people who have personal moral reservations.Bret: Fair enough, but I’ve always had strong reservations about the “abortion is murder” school of thinking.If it’s murder, then the tens of millions of American women who have had abortions over the decades are, at a minimum, accomplices to murder, if not murderers themselves. If that’s the reasoning, then the logic of the argument leads you to conclude that they ought to be in prison. Alternatively, if abortion is murder but the women who get abortions don’t deserve to be treated as criminals, then you are devaluing the moral gravity of the act of murder. Either way, the position strikes me as intellectually indefensible.Sorry. I’m ranting. Go on.Gail: I could appreciate where the anti-abortion forces are coming from — except that they’re often the ones who do so little to provide services that help poor women avoid unwanted pregnancies in the first place. Or provide job protection for new parents. Or day care for their infants.Bret: I think this is yet another good argument for keeping religion out of politics as much as possible. I’m not a fan of many aspects of the welfare state, but I don’t understand conservative politicians who invoke their Christianity — the original version of which is basically socialism plus God — only to take less-than-Christian positions.Gail: Joe Biden is the guy who’s crusading to expand services that would make it easier for struggling young women to keep their babies and raise them happily. But he’s supposed to be the conservative bishops’ villain. Sort of ironic, huh?Bret: Ironic, too, that he’s only the second Catholic president in American history, after Jack Kennedy, and probably the most religious Democrat in the White House since Jimmy Carter. And he’s the guy the church wants to censure?Gail: One last thing before we sign off: Tuesday’s our big Primary Day in New York City. And the debut of our new preferential voting system. It’s the same thing Maine did in the 2020 presidential election.Bret: No idea why it didn’t occur to someone that what happens in Maine should stay in Maine. Like Moxie soda.Gail: So I went to vote early, having painfully prepared to choose five — five! — mayoral contenders in order of preference.Bret: I realize it’s a secret ballot, though I’d love to know who you picked last.Gail: Then I proudly moved on to the next section and discovered I was supposed to pick just as many people for comptroller. Have to admit this one threw me. Really, do you think even the most avid student of local government can tell you who the third-best comptroller contender is?Bret: I barely even know what a comptroller is, if I’m being honest. But I’ve gotta assume the third-best one must be Scott Stringer, since that’s the job he currently has.Gail: Not really sure this preferential voting system is my, um, preference. Any thoughts?Bret: Being the knee-jerk conservative that I am, my instinct is to oppose it on the “just-cuz” principle. Other countries that tinker with their voting procedures never seem to meaningfully change the quality of governance, even if it can shift the dynamics of a race. But, as you pointed out, ranked-choice voting does confuse a lot of voters who sensibly decide that they don’t have to become experts on secondary electoral races in order to make a political choice.On the other hand, advocates of the system argue that it tends to work in favor of more moderate, consensus-choice candidates, while cutting down on negative campaigning, which America could surely use these days. I also read somewhere that the Australians have been using the ranked-choice system for a century or so, and the universe Down Under didn’t come to a screeching halt. So I’m happy to be persuaded either way on the issue.Gail: We’ll see. But preferential voting certainly isn’t on my top five things to worry about. So many more worthy candidates.Bret: One last thing, Gail. If you haven’t already, read our colleague Nicholas Casey’s moving and elegant magazine essay about his father. I hope our readers do, too. It’s a reminder that all of us, at some level, spend a part of our lives searching for our dads — and, sometimes, even finding them.Gail: Amen.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 First Task at HUD: Rebuilding Trump-Depleted Ranks

    An exodus of top-level officials during the previous administration has left the Department of Housing and Urban Development short of expertise even as its role expands.WASHINGTON — During the 2020 campaign, President Biden pledged to transform the Department of Housing and Urban Development into a frontline weapon in the fight against racial and economic inequality.But when his transition team took over last fall, it found a department in crisis.The agency’s community planning and development division, the unit responsible for a wide array of federal disaster relief and homelessness programs, had been so weakened by an exodus of career officials that it was faltering under the responsibility of managing tens of billions of dollars in pandemic aid, according to members of the team.And it was not just the planning unit. In some divisions, as many as 25 to 30 percent of jobs were unfilled or occupied by interim employees. The losses were concentrated among the ranks of highest-skilled managers and policy experts, many of whom had been overruled, sidelined, exiled and eventually driven away under President Donald J. Trump and his appointees.Roughly 10 percent of the agency’s work force left during Mr. Trump’s first years in office, according to agency estimates. But that came on top of a decade-long decline resulting from attrition, poor recruitment and budget deals cut by the Obama administration with a Republican-led Congress at the time that prevented the agency from replacing departing employees.As a result, the agency’s total head count fell by 20 percent, to 6,837 from 8,576, from 2012 to 2019.Other cabinet departments, like the Education Department and Environmental Protection Agency, face similar problems. But the staffing shortfall at the housing department is a case study in the personnel issues generated in part by Mr. Trump’s conflicts with experienced career government employees who carry out programs and policies. And it is especially worrisome to Biden administration officials because it threatens to undermine their hope of transforming the agency into a central player in the president’s efforts to put more focus on social justice issues.“I’m not going to sugarcoat it,” Marcia L. Fudge, Mr. Biden’s new housing secretary, told a Senate committee last week during budget hearings. “Until we can start to build up our staff, and build up our capacity, we are at risk of not doing the things we should do.”Ms. Fudge, a former congresswoman from the Cleveland area, was there to urge lawmakers to adopt the agency’s 2021 budget request, which includes money to hire hundreds of managers and skilled technical support staff.The problem comes as the department’s responsibilities are growing along with the scale of the programs it manages.The administration’s relief package, passed in March, included $21.55 billion for emergency rental assistance, $5 billion in emergency housing vouchers, $5 billion for homelessness assistance and $850 million for tribal and rural housing, on top of a similar amount allocated under the Trump administration.Some of the funding is routed through the Treasury Department. Even so, it amounts to the greatest increase in housing and related programs in decades. Mr. Biden’s infrastructure bill, now the subject of intense negotiations on Capitol Hill, would provide $213 billion more.A Maricopa County constable preparing eviction orders last year in Phoenix. The Biden administration’s coronavirus relief package included funding for emergency rental assistance and homelessness assistance, among others.John Moore/Getty ImagesThe department has long sought to shake off the legacy of scandals. And under Mr. Trump’s housing secretary, Ben Carson, morale plunged, prompting a wave of resignations and retirements of top-tier civil servants who had managed to hold on during other crises, current and former officials said.One former career official, who departed in early 2020 for a job at a less embattled federal agency, estimated that two-thirds of the most experienced employees he interacted with day to day had left over the previous three years.“It’s more than just the number of valuable staff they have lost, it’s all that expertise that was driven out,” said Lisa Rice, the president of the National Fair Housing Alliance, a group in Washington that has pressured the department to bring more antidiscrimination cases.“It will set back the department for years,” she said. “HUD just doesn’t have the in-house legacy knowledge they used to have.”Mr. Biden’s transition team, made up of Obama-era veterans, deployed several of their most experienced members into interim leadership roles to plug the gap at the planning unit. Ms. Fudge, in turn, has installed experienced officials in other hard-hit divisions, although it has been slow going, as evidenced by the dozens of vacancies still visible on its online organizational chart.The losses are seriously affecting the response to the pandemic, Ms. Fudge told the Senate hearing. They are hindering distribution of emergency aid to low-income tenants and leaving many localities without guidance from experienced HUD employees on how to run new programs funded by the flood of coronavirus assistance cash, she said.In November, the department’s inspector general identified numerous “leadership gaps” at the headquarters, concluding that “employees often do not have the right skill sets, tools or capacity to perform the range of functions” needed to do their jobs.Many of the problems the watchdog identified were chronic, such as an ineffective human resources department. But about two dozen current and former department officials interviewed for this article blamed the chaos and disruption on Mr. Carson, who once admitted the job was more complicated than his previous gig — brain surgery.Mr. Carson, an unsuccessful 2016 Republican presidential candidate, took little interest in the day-to-day operations of the department, and was often informed of key hires by White House officials after the fact, according to people who worked with him. He often ceded control to political appointees, some embedded inside his department, others working from the White House, who pursued their own agendas.Under Ben Carson, the Trump administration’s housing secretary, morale plunged, prompting a wave of resignations and retirements of top-tier civil servants.Lexey Swall for The New York Times“People like to make Carson a scapegoat,” said Armstrong Williams, his spokesman and political adviser. “People moved on from HUD for all kinds of reasons. Blaming him is a cop-out.”Nonetheless, three of the agency’s divisions were especially crippled under his watch. One was the unit responsible for overseeing disbursement of federal block grants to states hit by hurricanes and other natural disasters. Another was the homeless assistance operation. The third was the fair housing division, whose job is to enforce federal laws prohibiting discrimination based on race, gender, ethnicity and disability.This was the unit Mr. Trump singled out for attack in the 2020 campaign, stoking white grievance by claiming that an initiative to review discriminatory local zoning restrictions was a war on suburbia.The fair housing division, led by a Texas Republican operative named Anna Maria Farías, became an especially toxic workplace, according to three former staff members with knowledge of the situation.Shortly after taking over, Ms. Farías informed her staff that she intended to root out “Obama plants” and froze antidiscrimination investigations involving large residential construction companies, including Toll Brothers and Epcon Communities, and an inquiry into Facebook’s online advertising division, among others.As part of the overall strategy of reducing regulatory action, Ms. Farías sidelined two of the unit’s most experienced managers, Bryan Greene, who had served as interim chief of the division, and Tim Smyth, a young lawyer working on some of the department’s most complex cases involving housing discrimination.Ms. Farías bypassed Mr. Greene, and stopped inviting him to meetings of his own staff. She marginalized Mr. Smyth in similar fashion, according to officials who worked with both men. The pair eventually left after being reassigned to jobs unrelated to major civil rights cases.Ms. Farías did not respond to an email seeking comment.Mr. Carson’s political staff aides, housed on the agency’s 10th floor, were, at times, unaware of these machinations, and not even knowledgeable about basic departmental functions, according to people who worked with them at the time.After Hurricanes Harvey, Irma and Maria in 2017, several Carson aides expressed surprise when told the housing department was responsible for disbursing billions in disaster assistance for tenants and homeowners whose dwellings were damaged by the storms, according to an aide who was present at a briefing session.For a while, their lack of knowledge worked to the benefit of career officials, who quietly slipped in Obama-era provisions to the aid rules — including a stipulation that rebuilding efforts conformed to green building standards.A flooded neighborhood in Beaumont, Texas, after Hurricane Harvey in 2017. Several aides to Mr. Carson were unaware that the department was responsible for disbursing billions in disaster assistance.Alyssa Schukar for The New York Times But the White House quickly caught on, further fueling suspicions there about the presence of a so-called deep state hostile to Mr. Trump’s agenda. Mr. Trump, in turn, began seeking opportunities in attacking the agency to make political points, slow-walking $20 billion in relief for Puerto Rico, then stonewalling investigators, according to the department’s inspector general.Frustrated staff members departed for private-sector jobs, taking their expertise with them, most notably Stan Gimont, a 32-year agency veteran with deep knowledge of federal disaster relief programs who was the top career official in the planning division.A long-running ideological fight over how best to deal with the worsening homelessness crisis resulted in other departures, led by the division’s director, Anne Oliva, in 2017. Others fled after religious conservatives began to focus on cultural rather than housing issues, like an edict in 2020 allowing grantees to deny shelter to transgender people.Even units with no policymaking roles were affected by the staffing shortfall.Late last year, the agency’s inspector warned that a 28 percent vacancy rate at the information technology division could compromise the personal information of millions of aid recipients. In her testimony, Ms. Fudge blamed the staffing problems at the unit for slowing the response to a recent virus attack that infected 750 agency computers.Ms. Fudge has expressed frustration at the amount of time she has to spend on recruiting and retaining staff, aides said. And while she had success wooing several high-profile staff though discretionary political hiring, the overall pace of appointments has been sluggish, and career civil servants, like Mr. Greene, have proved difficult to reel back in.Lawmakers in both parties, while expressing confidence in Ms. Fudge, said they were worried the department’s staffing problems might leave it unable to manage all the programs it had been given control over, especially if Mr. Biden’s big infrastructure bill passes.“I’m concerned that HUD lacks the capacity to manage and oversee such an influx of funding, regardless of how well intentioned those proposals may be,” Senator Susan Collins, Republican of Maine, who helped shield the department from deep budget cuts proposed by Mr. Trump and backed by Mr. Carson, said at the recent hearing. More

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    For Republicans, ‘Crisis’ Is the Message as the Outrage Machine Ramps Up

    With next year’s midterm elections seen as a referendum on Democratic rule, Republicans are seeking to create a sense of instability and overreach, diverting focus from their own divisions.WASHINGTON — House Republican leaders would like everyone to know that the nation is in crisis.There is an economic crisis, they say, with rising prices and overly generous unemployment benefits; a national security crisis; a border security crisis, with its attendant homeland security crisis, humanitarian crisis, and public health crisis; and a separate energy crisis.Pressed Tuesday on whether the nation is really so beleaguered, the No. 2 Republican in the House, Representative Steve Scalise of Louisiana, thought of still more crises: anti-Semitism in the Democratic ranks, “yet another crisis,” he asserted, and a labor shortage crisis.“Unfortunately they’re all real,” he said capping a 25-minute news conference in which the word “crisis” was used once a minute, “and they’re all being caused by President Biden’s actions.”As Americans groggily emerge from their pandemic-driven isolation, they could be forgiven for not seeing the situation as quite so dire. They might also be a little confused about which of the many outrages truly needs their focus: the border, perhaps, but what about Dr. Anthony S. Fauci and the Wuhan lab leak theory, the teaching of critical race theory in the nation’s schools, the fact that some schools are not fully reopened, Representative Ilhan Omar, or all those transgender athletes competing in high school sports?But for divided House Republicans, outrage may be the tie that binds — at least their leaders hope so.“Look, our main crisis is we’re not the majority — that’s our top crisis,” said Representative Tom Cole, Republican of Oklahoma.House Republicans, still overwhelmingly in the thrall of Donald J. Trump, have learned over the last four years that grievance, loudly expressed, carries political weight, especially with their core voters. Mr. Trump certainly did not teach members of his party how to express anger over perceived injustices; many of them had been doing it for years. But the House Republican leadership has shifted to Trumpian expressions of outrage since the days of former Speaker Paul D. Ryan, a self-described “policy guy” with a happy-warrior image, and the backslapping bonhomie of his predecessor John A. Boehner.There is a method to all the remonstrance. Representative Elise Stefanik of New York, who took over as the message maestro of the Republican conference after the banishment of Representative Liz Cheney, hatched the crisis strategy as one of her first ventures, Mr. Cole said, distributing talking points this month on the perils facing the country.He thought the list had five crises; Representative Cathy McMorris Rodgers, Republican of Washington, remembered four.The idea is that with Democrats in control of the White House, House and Senate, next year’s midterm elections will be a referendum on one-party control, not on Republican governing plans, said Mr. Cole, a former chairman of the House Republicans’ campaign arm. The Republicans, at least this early in the political cycle, need to seed a sense of instability, overreach and fear, he said.The strategy is also predicated on the adage that the best defense is a good offense. By focusing on an array of real or imagined disasters, Republicans avoid addressing the crisis in democracy created by Mr. Trump with his efforts to nullify the election, which he continues to stoke. On Tuesday night, 21 House Republicans voted against awarding congressional gold medals to the Capitol Police and other law enforcement officers who protected them when a mob of the former president’s supporters stormed the Capitol on Jan. 6.David Winston, who has long worked with congressional Republicans on polling and messaging, said every new president faces an early challenge, and how he responds helps cement his image with curious voters. Republicans tried to make that early challenge the surge of migrants — including unaccompanied children — at the border.But there is a risk of throwing up too much chaff, he said. And eventually, Republican leaders are going to have to find a theme, like former Speaker John Boehner’s groan-worthy “Where are the jobs?” mantra. Its repetition might have annoyed reporters, but it was effective with voters.A group of migrants who recently crossed the border from Mexico into Yuma, Ariz., waiting to be taken to a processing center. Republican leaders have focused on a “crisis” at the border as well as several other issues.Ariana Drehsler for The New York TimesRepublicans have long been better than Democrats at imparting a sense of crisis. They made Solyndra a household name, with heated news conferences, accusatory hearings and angry statements, when the solar company went bankrupt and left the Obama administration — and the taxpayers — the bill for a $535 million federal loan guarantee that was part of Barack Obama’s economic rescue plan. This week, an electric pickup truck plant in Lordstown, Ohio, midwifed by Mr. Trump, lost its top executives, its prototype burst into flames and it is on the brink of collapse — with hardly a Democratic peep.The deadly terrorist assault on Benghazi became a two-year ordeal for Hillary Clinton, thanks to the Republican outrage machine, while a botched military raid ordered by Mr. Trump in Niger, which left four Americans dead, has largely been forgotten — even after Mr. Trump fumbled the name of one of the dead and told a grieving widow her husband “knew what he signed up for.”Brad Woodhouse, a veteran Democratic operative, said some in the party had wanted to “Benghazi” the Niger raid, but, “It’s just not who most of the Dem Party and Dem Party leadership is.”“I guess you can say we don’t gin up phony crises, but I don’t think that’s a bad thing,” he added. “At some point, the public turns back to what they think is reasonable leadership.”Democrats have not been able to get the same traction even on the Capitol riot, which aimed to stop the official awarding of a presidential election to its victor, in part because Republican antics and accusations have disrupted hearings on the assault.Part of the Republican advantage is just a sheer will to muscle through, regardless of Democratic incredulity. One of this week’s outrages is Mr. Biden’s supposed weakness before President Vladimir V. Putin of Russia, a “crisis” that seeks to send four years of Mr. Trump’s deference to the Russian leader down the memory hole.Veteran House Republicans say they have a traditional message to impart.“I think the biggest contrast right now with the Biden-Pelosi agenda is their goal to control from Washington so much of your daily life, from your paycheck to your health care decisions to everything else,” said Representative Kevin Brady, Republican of Texas. “We stand for the opposite. We want to create more freedom for individuals with lower taxes, a stronger economy and a safer nation.”But that message has been lost amid a constantly shifting menu of crises and outrages. At the state level, Republican legislators have obscured very real efforts to curtail voting access by spotlighting cultural issues like blocking transgender athletes from high school competitions or stopping the teaching to children of “critical race theory,” a graduate school framework that explores how racism is infused in American institutions.But a drumbeat of cries for Vice President Kamala Harris to visit a southwestern border in crisis gave way to accusations that the nation’s gasoline supply was nearing collapse, which then subsided amid demands for the firing of the government’s leading virologist, Dr. Fauci, and an investigation of the theory that the coronavirus was engineered in a laboratory in Wuhan, China, then released on the world.Last week, the target of Republican outrage was Ms. Omar, after a tweet she posted that appeared to equate the actions of Israel and the United States with the human rights abuses of Hamas and the Taliban. Representative Kevin McCarthy of California, the minority leader, called the tweet anti-Semitic — though it did not mention Jews or Judaism — and threatened to try to remove Ms. Omar from the Foreign Affairs Committee, an action they have yet to take.Republicans are also pressing their case that the push by some progressive Democrats to “defund the police” has led directly to a very real surge in crime facing the nation’s cities.It can get difficult to keep up with all the catastrophizing. On Tuesday, minutes after Representative Michael McCaul, the lead Republican on the Foreign Affairs Committee, warned of Moscow’s aggressive cyber attacks and a looming Russian stranglehold over Europe’s power supply, Mr. Scalise said, “I don’t know if Vice President Harris understands the crisis is not in Europe, it’s at America’s southern border, and she and President Biden created it.”There are plans to put together some Republican policy proposals. Mr. McCarthy has assembled seven task forces: jobs and the economy; Big Tech censorship; the “Future of American Freedoms”; energy, climate and conservation; American security; “healthy future”; and China. Representative Cathy McMorris Rodgers of Washington, who leads the big tech task force, said the panels will take a year to come up with legislative and policy responses to take into the midterm elections.“The goal is to be ready on Day 1,” should the Republicans take back the majority, she said.For now, even Republicans who have been critical of their leaders say they have time to formulate an agenda beyond the outrage machine they are eagerly feeding. Representative Chip Roy, Republican of Texas, noted that Newt Gingrich’s Contract with America really didn’t emerge until September 1994, two months before Republicans’ resounding midterm sweep.“There’s night-and-day difference between Republicans and Democrats, say, on border security, where we’re fairly united that we need to secure the border, and I don’t think they care,” he said. “We’re watching small businesses unable to hire people because they’re paying people more not to work. We’re pretty united on those key differences. Thematically bringing all that together and how you message that the American people, I think that’s something you work on.”As for the Democrats, most simply don’t think the crisis talk is working, beyond spinning out clicks for right-wing media outlets and Facebook algorithms that thrive on outrage over such things as the decision by Dr. Seuss’s estate to cease publishing works that include egregious racial and ethnic stereotypes or the switch by Hasbro to a non-gendered brand name for its iconic plastic toy, now known as Potato Head.“President Biden, for all this angst, including Dr. Seuss and Mr. Potato Head, has a plus-eight approval rating overall, a plus-four on the economy and a plus-28 approval on the pandemic,” Mr. Woodhouse said.As House Republican leaders were leaving the stage on Tuesday, Ms. Stefanik wanted to reiterate for one last time the state of a nation on the brink.“Thank you so much for embracing our effective messaging,” she told a small clutch of reporters, sitting in socially distanced seating. “America is in crisis.” More

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    With Putin, Biden Tries to Forge a Bond of Self-Interest, Not Souls

    Theirs seems likely to be a strained and frustrating association, one where the two leaders may maintain a veneer of civil discourse even as they joust on the international stage.No one peered admiringly into anyone’s soul. No one called anyone a killer. By all appearances, President Biden’s much-anticipated meeting with President Vladimir V. Putin of Russia was not warm, but neither was it hot. More

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    Where Biden’s Justice Department Isn’t Breaking From Trump

    Democratic gripes are increasing, as some critics worry that the department is rubber-stamping Trump-era policies.The political news cycle hit home in rare fashion on Monday as the attorney general, Merrick B. Garland, met with newsroom leaders from The Times, CNN and The Washington Post to discuss how the administration was responding to revelations that Donald J. Trump’s Department of Justice had secretly sought information on reporters and their sources.When a Justice Department gets into the business of seizing reporters’ phone records and trying to track down leakers, while putting gag orders on the news organizations whose records it’s seizing, it’s hard not to wonder about the health of the First Amendment.So with the revelations now public, Mr. Garland vowed to act. Speaking to members of the Senate Appropriations Committee at a budget hearing last week, he pledged that he would institute new policies that were “the most protective of journalists’ ability to do their jobs in history.”In Monday’s meeting, the leaders of the news organizations pushed Mr. Garland to pursue accountability for the administration officials who had worked to target journalists and whistle-blowers; Mr. Garland’s responses were kept off the record.But legal watchdogs and advocates of criminal justice reform say this is far from the only area of concern. They are pointing to a few major areas in which Mr. Garland’s Justice Department has elected to defend Trump-era policies, particularly those orchestrated by former Attorney General William P. Barr.Mr. Garland has stepped up enforcement of civil rights laws, and he is leading investigations into some major municipal police departments suspected of systematic misconduct. He announced last week that he would take aggressive steps to protect voting rights.But on a range of other issues, there are gripes coming from within the president’s own party. Some critics have expressed worry that his Department of Justice was rubber-stamping policies that sought to expand the president’s legal immunities, turn back progressive action on racial justice and restrict immigrants’ ability to enter the country legally.Trump, E. Jean Carroll and presidential protectionsDuring Mr. Trump’s presidency, Mr. Barr sought to help Mr. Trump try to fight off a sexual assault accusation from the journalist and advice columnist E. Jean Carroll.After she publicly made the allegation, in 2019, Mr. Trump said in an interview from the Oval Office that Ms. Carroll was “not my type,” and that he’d never assaulted her. She then filed suit, accusing him of slandering her.Mr. Barr argued in court that Mr. Trump had been acting as an employee of the federal government when he made the comments, and was therefore shielded from charges of slander and libel.The case was still pending when President Biden took office. And this month, Mr. Garland’s Justice Department lamented Mr. Trump’s “crude and disrespectful” remarks, but it said that his administration had been right to argue that he could not be sued over them.Mueller’s findings and the ‘Barr memo’Prominent Democrats had also urged Mr. Garland not to fight a federal judge’s ruling demanding that a classified report that Mr. Barr had requested be made public. Known as the “Barr memo,” the document argues that he should tell the public that Mr. Trump’s efforts to impede the Russia investigation — as lain out in the report by the special counsel, Robert S. Mueller III — cannot be charged as obstruction of justice, and offers legal analysis in support of that claim.Mr. Trump’s foes scored a major victory last month, when, in a blistering decision, Judge Amy Berman Jackson of the U.S. District Court in Washington ordered the memo to be made public, accusing the Trump administration of “disingenuous” reasoning. In a public letter last month, Democrats on the Judiciary Committee asked Mr. Garland not to appeal Judge Jackson’s decision, “in order to help rebuild the nation’s trust” in the Justice Department.But Mr. Garland soon announced that he would indeed appeal it, seeking to keep secret most of the memo — the portion laying out the legal analysis for why none of potential obstruction episodes in the Mueller report rose to a chargeable crime — and citing “the irreparable harm that would be caused by the release of the redacted portions of the document.”Much like Barack Obama’s choice, in 2009, not to systematically pursue accountability for members of the Bush administration over their invasive surveillance policies, or the mistreatment of military prisoners during the war on terror, the Biden administration’s move on the Barr memo was seen as an attempt to protect the narrow institutional interests of the Justice Department and to move on.Gun prosecutions in D.C.Many proponents of racial justice were dismayed this spring when Mr. Garland’s Justice Department announced it would continue Mr. Trump’s policy of using the federal courts to prosecute gun crimes in the District of Columbia, not the city’s own justice system.That policy, enacted in 2019, had reversed decades of tradition in the nation’s capital, where the lead prosecutor is a federal appointee but most crimes are typically tried in city courts.At a moment when the D.C. Council had been passing laws to undo the effects of mass incarceration, the Trump administration’s move disproportionately affected African-American men, as Black people account for a vast majority of those brought up on gun charges in the nation’s capital. Average sentences for these crimes are roughly twice as high in the federal court system.“That’s why it’s so surprising that the administration stuck with it: because this is an issue that touches on mass incarceration, racial injustice and D.C. rights,” Andrew Crespo, a Harvard Law School professor who has been involved in the effort to roll back the Trump policy, said in an interview.A group of 87 former federal prosecutors signed a letter in May urging the Justice Department to abandon the practice, but so far it hasn’t changed its position.Immigration policiesMr. Garland’s Justice Department has also continued some Trump policies that prevent immigrants trying to enter the U.S. from having access to certain legal rights.One policy, which was enacted at the end of Mr. Trump’s presidency by the department’s immigration review office, concentrates decision-making power underneath a political appointee and can prevent immigrants seeking to remain in the U.S. from presenting certain evidence that could help them from being deported.Lawyers for Mr. Garland’s Justice Department have repeatedly argued to uphold the rule, resisting lawsuits from proponents of immigration rights in two separate district courts.Biden administration lawyers have also argued in court on behalf of a policy that prevents immigrants with temporary protected status from gaining green cards with the support of their employer. The Biden administration has also sought to end protected status for hundreds of thousands of people from El Salvador and other countries.Lee Gelernt, the deputy director of the American Civil Liberties Union’s Immigrants’ Rights Project, pointed to the fact that Mr. Garland’s Justice Department had agreed to defend former members of the Trump administration, including Jeff Sessions and Stephen Miller, in lawsuits seeking damages for harm caused by the family-separation policy.It is customary for former federal officials to have access to Justice Department representation, but Mr. Gelernt said that the family-separation policy went beyond the pale, and suggested a need to re-examine old precedent where some of the Trump administration’s policies are concerned.“For the Biden D.O.J. to choose to represent the people who did the family-separation practice is deeply troubling,” he said. A voting rights coalition urges corporations to stop funding ALEC, the conservative group.A coalition of more than 300 voting rights groups, civil rights advocates and labor leaders has written a letter to multiple major corporations in the U.S. demanding that they cease their financial support of the American Legislative Exchange Council, or ALEC, an influential conservative group funded by businesses.The three-page letter accuses the group of engaging in partisan gerrymandering and of playing a central role in the crafting of legislation in states across the country that would introduce a raft of new voting restrictions.“Your continued financial support of ALEC is an active endorsement of these efforts to create more barriers to the freedom to vote and weaken representation for the American people in government,” the letter states. “Intended or not, the money your company is contributing to ALEC helps fund this modern Jim Crow effort.”The letter comes as multiple groups seeking to slow the attack on access to the ballot have sought to pressure major businesses to take a more proactive role in pushing back on new voting laws. In Georgia, a coalition of faith leaders called for a boycott of Home Depot after it did not actively oppose the state’s new voting law.But even as some businesses have spoken up, it has rarely had a significant impact. A broad coalition of major corporations last month called on Texas to expand voting access, only to see the state’s Legislature continue to work toward a final bill of voting restrictions.The letter on Monday focusing on funding for ALEC, a regular target of liberal groups, signals a broadening of the activism aimed at weakening or halting new voting bills, taking the battle beyond state legislatures and members of Congress and to the broader ecosystem that has been powering the monthslong push to enact new voting laws.On Politics is also available as a newsletter. Sign up here to get it delivered to your inbox.Is there anything you think we’re missing? Anything you want to see more of? We’d love to hear from you. Email us at onpolitics@nytimes.com. More

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    Senate Confirms Top Biden Judge as McConnell Threatens Future Nominees

    As Ketanji Brown Jackson became the president’s first appellate judge, Senator Mitch McConnell suggested he would block a Biden Supreme Court pick in 2024 if Republicans gained the majority.The Senate confirmed Judge Ketanji Brown Jackson on Monday to the influential U.S. Court of Appeals for the District of Columbia Circuit, giving President Biden his first pick on an appeals court even as the Senate Republican leader threatened future roadblocks for Biden administration judicial nominees.Following her approval by a bipartisan vote of 53 to 44, Judge Jackson, who served as a federal district judge, will join the court regarded as the second highest in the land, and considered an incubator for Supreme Court justices. She is widely considered a potential nominee for the Supreme Court should a vacancy occur during the tenure of Mr. Biden, who has promised to appoint the first African-American woman as a justice.“She has all the qualities of a model jurist,” Senator Chuck Schumer, Democrat of New York and the majority leader, said as he urged her approval. “She is brilliant, thoughtful, collaborative and dedicated to applying the law impartially. For these qualities, she has earned the respect of both sides.”Her approval came as Senator Mitch McConnell of Kentucky, the Republican leader, threatened to open a new front in the judicial wars that have rocked the Senate for decades. In an interview with the conservative radio commentator Hugh Hewitt, Mr. McConnell said Republicans would most likely block any Supreme Court nominee put forward by Mr. Biden in 2024 if Republicans regained control of the Senate in next year’s elections and a seat came open.“I think in the middle of a presidential election, if you have a Senate of the opposite party of the president, you have to go back to the 1880s to find the last time a vacancy was filled,” Mr. McConnell said. “So I think it’s highly unlikely.”His position was not surprising, since it was in line with his refusal in 2016 to consider President Barack Obama’s Supreme Court nomination of Merrick B. Garland, now the attorney general, saying it was too close to the presidential election even though the vacancy occurred in February. But it was nevertheless striking, given that Mr. McConnell was the architect of the strategy that allowed former President Donald J. Trump to fill a Supreme Court vacancy in the final six weeks before he stood for re-election.As for what would happen if a seat became open in 2023 and Republicans controlled the Senate, Mr. McConnell stopped short of declaring that he would block Mr. Biden from advancing a nominee so long before the election, but he left the door open to the possibility. “Well, we’d have to wait and see what happens,” Mr. McConnell said.Stonewalling a nominee in the year before a presidential election would amount to a significant escalation in the judicial wars.Senator Mitch McConnell, the Republican minority leader, said he is likely to block any Supreme Court nominee put forward by President Biden in 2024 if his party regains control of the Senate next year.Stefani Reynolds for The New York TimesMr. McConnell’s pronouncements will most likely amplify calls from progressive activists for Justice Stephen G. Breyer to retire while Democrats hold the Senate and can push through a successor. Justice Breyer, 82, an appointee of President Bill Clinton, has resisted calls to step aside. Justices often time their retirements to the end of the court’s term, which comes in two weeks.Mr. McConnell’s position in 2016 stood in stark contrast to the one he took last year when Senate Republicans, still in the majority, rushed through the confirmation of Justice Amy Coney Barrett just days before the presidential election, racing to fill the vacancy created by the death in September of Justice Ruth Bader Ginsburg..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}Republicans who had banded together in 2016 at Mr. McConnell’s urging and declared that it was not appropriate to confirm a Supreme Court nominee during an election year had remarkable conversions in the case of Judge Barrett. The Republican leader insisted that he had not changed his position, arguing that because Mr. Obama was a Democrat, it was entirely appropriate for members of his party to block his nominee.“What was different in 2020 was we were of the same party as the president,” Mr. McConnell told Mr. Hewitt. “And that’s why we went ahead with it.”Mr. McConnell’s decision to block Mr. Obama from filling the vacancy caused by the death of Justice Antonin Scalia was widely credited with encouraging conservatives to rally around Mr. Trump for the presidency, and ultimately allowing him to name three justices to the court, which now has a 6-to-3 conservative majority.Working in concert with the White House, Mr. McConnell and Senate Republicans also installed 54 conservative judges on the nation’s federal appeals courts, leaving Mr. Biden and Senate Democrats with significant ground to make up as they try to compensate for the conservative success of the Trump era.Senator Richard J. Durbin, Democrat of Illinois and chairman of the Judiciary Committee, called Judge Jackson “the first of many circuit court nominees we will confirm in this Congress.”Judge Jackson will now claim a seat on a court that is particularly prominent because of its routine involvement in Washington policy disputes and national security matters. She and other pending judicial nominees are part of a concerted effort by the Biden administration to diversify the federal courts, both in terms of the nominees themselves and their professional backgrounds.Judge Jackson counted being a public defender among her multiple legal jobs before becoming a federal judge, a role that her supporters note is different from the prosecutorial experience of many sitting on the federal bench.“Our judiciary has been dominated by former corporate lawyers and prosecutors for too long, and Judge Jackson’s experience as a public defender makes her a model for the type of judge President Biden and Senate Democrats should continue to prioritize,” said Christopher Kang, the chief counsel for the progressive group Demand Justice.Such experience has been an obstacle for judicial nominees in the past, and Republican opponents raised questions about her defense work at her confirmation hearing.Judge Jackson will replace Mr. Garland, who remained on the appellate court after his Supreme Court nomination was stymied before becoming attorney general. Mr. Biden has not named his choice for a second vacancy on the prestigious appeals court. More

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    In Congress, Republicans Shrug at Warnings of Democracy in Peril

    As G.O.P. legislatures move to curtail voting rules, congressional Democrats say authoritarianism looms, but Republicans dismiss the concerns as politics as usual.WASHINGTON — Senator Christopher S. Murphy concedes that political rhetoric in the nation’s capital can sometimes stray into hysteria, but when it comes to the precarious state of American democracy, he insisted he was not exaggerating the nation’s tilt toward authoritarianism.“Democrats are always at risk of being hyperbolic,” said Mr. Murphy, Democrat of Connecticut. “I don’t think there’s a risk when it comes to the current state of democratic norms.”After the norm-shattering presidency of Donald J. Trump, the violence-inducing bombast over a stolen election, the pressuring of state vote counters, the Capitol riot and the flood of voter curtailment laws rapidly being enacted in Republican-run states, Washington has found itself in an anguished state.Almost daily, Democrats warn that Republicans are pursuing racist, Jim Crow-inspired voter suppression efforts to disenfranchise tens of millions of citizens, mainly people of color, in a cynical effort to grab power. Metal detectors sit outside the House chamber to prevent lawmakers — particularly Republicans who have boasted of their intention to carry guns everywhere — from bringing weaponry to the floor. Democrats regard their Republican colleagues with suspicion, believing that some of them collaborated with the rioters on Jan. 6.Republican lawmakers have systematically downplayed or dismissed the dangers, with some breezing over the attack on the Capitol as a largely peaceful protest, and many saying the state voting law changes are to restore “integrity” to the process, even as they give credence to Mr. Trump’s false claims of rampant fraud in the 2020 election.They shrug off Democrats’ warnings of grave danger as the overheated language of politics as usual.“I haven’t understood for four or five years why we are so quick to spin into a place where part of the country is sure that we no longer have the strength to move forward, as we always have in the past,” said Senator Roy Blunt of Missouri, a member of Republican leadership, noting that the passions of Republican voters today match those of Democratic voters after Mr. Trump’s triumph. “Four years ago, there were people in the so-called resistance showing up in all of my offices every week, some of whom were chaining themselves to the door.”For Democrats, the evidence of looming catastrophe mounts daily. Fourteen states, including politically competitive ones like Florida and Georgia, have enacted 22 laws to curtail early and mail-in ballots, limit polling places and empower partisans to police polling, then oversee the vote tally. Others are likely to follow, including Texas, with its huge share of House seats and electoral votes.Because Republicans control the legislatures of many states where the 2020 census will force redistricting, the party is already in a strong position to erase the Democrats’ razor-thin majority in the House. Even moderate voting-law changes could bolster Republicans’ chances for the net gain of one vote they need to take back the Senate.And in the nightmare outcome promulgated by some academics, Republicans have put themselves in a position to dictate the outcome of the 2024 presidential election if the voting is close in swing states.“Statutory changes in large key electoral battleground states are dangerously politicizing the process of electoral administration, with Republican-controlled legislatures giving themselves the power to override electoral outcomes on unproven allegations,” 188 scholars said in a statement expressing concern about the erosion of democracy.Demonstrators protesting new voting legislation in Atlanta this month. Fourteen states, including Georgia, have enacted laws to restrict practices like early voting. Brynn Anderson/Associated PressSenator Angus King, an independent from Maine who lectured on American politics at Bowdoin College before going to the Senate, put the moment in historical context. He called American democracy “a 240-year experiment that runs against the tide of human history,” and that tide usually leads from and back to authoritarianism.He said he feared the empowerment of state legislatures to decide election results more than the troubling curtailments of the franchise.“This is an incredibly dangerous moment, and I don’t think it’s being sufficiently realized as such,” he said.Republicans contend that much of this is overblown, though some concede the charges sting. Senator Patrick J. Toomey, Republican of Pennsylvania, said Democrats were playing a hateful race card to promote voting-rights legislation that is so extreme it would cement Democratic control of Congress for decades.“I hope that damage isn’t being done,” he added, “but it is always very dangerous to falsely play the race card and let’s face it, that’s what’s being done here.”Mr. Toomey, who voted to convict Mr. Trump at his second impeachment trial, said he understood why, in the middle of a deadly pandemic, states sharply liberalized voting rules in 2020, extending mail-in voting, allowing mailed ballots to be counted days after Election Day and setting up ballot drop boxes, curbside polls and weeks of early voting.But he added that Democrats should understand why state election officials wanted to course correct now that the coronavirus was ebbing.“Every state needs to strike a balance between two competing values: making it as easy as possible to cast legitimate votes, but also the other, which is equally important: having everybody confident about the authenticity of the votes,” Mr. Toomey said.Mr. Trump’s lies about a stolen election, he added, “were more likely to resonate because you had this system that went so far the other way.”Some other Republicans embrace the notion that they are trying to use their prerogatives as a minority party to safeguard their own power. Senator Rand Paul of Kentucky said the endeavor was the essence of America’s system of representative democracy, distinguishing it from direct democracy, where the majority rules and is free to trample the rights of the minority unimpeded.“The idea of democracy and majority rule really is what goes against our history and what the country stands for,” Mr. Paul said. “The Jim Crow laws came out of democracy. That’s what you get when a majority ignores the rights of others.”Democrats and their allies push back hard on those arguments. Mr. King said the only reason voters lacked confidence in the voting system was that Republicans — especially Mr. Trump — told them for months that it was rigged, despite all evidence to the contrary, and now continued to insist that there were abuses in the process that must be fixed.“That’s like pleading for mercy as an orphan after you killed both your parents,” he said.Senator Angus King, an independent from Maine, said he feared the empowerment of state legislatures to decide election results more than the troubling curtailments of the franchise.Anna Moneymaker for The New York TimesSenator Tim Kaine, Democrat of Virginia, said in no way could some of the new state voting laws be seen as a necessary course correction. “Not being able to serve somebody water who’s waiting in line? I mean, come on,” he said. “There are elements that are in most of these proposals where you look at it and you say, ‘That violates the common-sense test.’”Missteps by Democrats have fortified Republicans’ attempts to downplay the dangers. Some of them, including President Biden, have mischaracterized Georgia’s voting law, handing Republicans ammunition to say that Democrats were willfully distorting what was happening at the state level.The state’s 98-page voting law, passed after the narrow victories for Mr. Biden and two Democratic candidates for Senate, would make absentee voting harder and create restrictions and complications for millions of voters, many of them people of color.But Mr. Biden falsely claimed that the law — which he labeled “un-American” and “sick” — had slapped new restrictions on early voting to bar people from voting after 5 p.m. Senator Chuck Schumer of New York, the majority leader, said the Georgia law had ended early voting on Sunday. It didn’t.And the sweep — critics say overreach — of the Democrats’ answer to Republican voter laws, the For the People Act, has undermined Democratic claims that the fate of the republic relies on its passage. Even some Democrats are uncomfortable with the act’s breadth, including an advancement of statehood for the District of Columbia with its assurance of two more senators, almost certainly Democratic; its public financing of elections; its nullification of most voter identification laws; and its mandatory prescriptions for early and mail-in voting.“They want to put a thumb on the scale of future elections,” Senator John Cornyn, Republican of Texas, said on Wednesday. “They want to take power away from the voters and the states, and give themselves every partisan advantage that they can.”Senator Mitt Romney, Republican of Utah, who could conceivably be a partner in Democratic efforts to expand voting rights, called the legislation a “fundamentally unserious” bill.Republican leaders have sought to take the current argument from the lofty heights of history to the nitty-gritty of legislation. Senator Mitch McConnell of Kentucky, the minority leader, pointed to the success of bipartisan efforts such as passage of a bill to combat hate crimes against Asian Americans, approval of a broad China competition measure and current talks to forge compromises on infrastructure and criminal justice as proof that Democratic catastrophizing over the state of American governance was overblown.But Democrats are not assuaged.“Not to diminish the importance of the work we’ve done here, but democracy itself is what we’re talking about,” said Senator Brian Schatz of Hawaii. “And to point at other bills that don’t have to do with the fair administration of elections is just an attempt to distract while all these state legislatures move systematically toward disenfranchising voters who have historically leaned Democrat.”Mr. King said he had had serious conversations with Republican colleagues about the precarious state of American democracy. Authoritarian leaders like Vladimir V. Putin, Viktor Orban and Adolf Hitler have come to power by election, and stayed in power by warping or obliterating democratic norms.But, he acknowledged, he has yet to get serious engagement, largely because his colleagues fear the wrath of Mr. Trump and his supporters.“I get the feeling they hope this whole thing will go away,” he said. “They make arguments, but you have the feeling their hearts aren’t in it.” More