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      Justice on the Brink review: how the religious right took the supreme court

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      Justice on the Brink review: how the religious right took the supreme court Linda Greenhouse does a fine job of raising the alarm about the conservative conquest and what it means for the rest of us – it’s a pity she does not also recommend ways to fight backLinda Greenhouse’s byline became synonymous with the supreme court during the 30 years she covered it for the New York Times. She excelled at unraveling complex legal riddles for the average reader. She also had tremendous common sense – an essential and depressingly rare quality among journalists.The Agenda review: how the supreme court became an existential threat to US democracyRead moreBoth of these virtues are on display in her new book, which chronicles “12 months that transformed the supreme court” after the death of the liberal lion Ruth Bader Ginsburg and the obscenely rapid confirmation of her conservative successor, Amy Coney Barrett.As others have pointed out, Barrett’s ascension was the crowning achievement of a decades-long project of the American right, to pack the highest court with the kind of people who delight in telling graduating students things like the proper purpose of a legal career “is building the kingdom of God”.Barrett is also the sixth Catholic appointed to the court. Another, Neil Gorsuch, was raised Catholic but now attends the church of his wife, who was raised in the Church of England.Greenhouse describes the Federalist Society as the principal engine of this foul project. Founded in the second year of the Reagan administration to change the prevailing ideology of the leading law schools, its 70,000 members have become the de facto gatekeepers for every conservative lawyer hoping to serve in the executive branch or the judiciary.Most students of the judiciary know that all 226 judges appointed by Donald Trump were approved by the Federalists. But until I read Greenhouse’s book I never knew that every one of the 500-plus judges appointed by the two Bushes also earned the Federalist imprimatur.“Its plan from the beginning was to … nurture future generations of conservative law students” who years later would form the pool from which “conservative judges would be chosen”, Greenhouse writes.She also adds the telling detail that makes it clear that this situation is even worse than it appears. After Gorsuch thanked a Federalist banquet “from the bottom” of his heart, after his confirmation to the supreme court, the then White House counsel, Don McGahn, told the same gathering it was “completely false” that the Trump administration had “outsourced” judicial selection to the Federalists.“I’ve been a member of the Federalists since law school,” said McGahn. “So frankly, it seems like it’s been in-sourced.”Greenhouse’s main subject is the impact on the law of the replacement of a celebrated progressive, Ginsburg, with the anti-abortion and anti-contraception Barrett. A meticulous examination of the most important cases decided during Barrett’s first term demonstrates how the new justice contributed to Chief Justice John Roberts’ determination to “change how the constitution” understands race and religion.The centuries-old wall between church and state is being eroded and government efforts to promote integration – or prevent resegregation – are under steady attack.Roberts’s opposition to important sections of the 1965 Voting Rights Act goes all the way back to his service in Ronald Reagan’s justice department in the early 1980s. As chief justice he made his youthful scorn for the virtues of integration into the law of the land, writing a majority decision invalidating the plans of Seattle and Louisville to consider race to prevent resegregation of public schools. By a vote of 5-4 the court ruled the consideration of race violated the constitution’s guarantee of equal protection.Roberts’s opinion declared that the school systems’ “interest in avoiding resegregation was not sufficiently ‘compelling’ to justify a racially conscious remedy”.For most of the country’s history, the establishment clause of the constitution has prevented the government from “endorsing or coercing a religious practice or viewpoint”, Greenhouse writes, while “the free exercise clause requires the government to leave believers free to practice their faith”.But Roberts and his allies have thrown things upside down, turning the free exercise clause “from its historic role as a shield that protected believers from government interference into a sword that vaulted believers into a position of privilege”.Greenhouse is a woman of convictions. Even as a reporter, she was famous for taking part in a march supporting abortion rights. In a previous book she bragged of contributions to Planned Parenthood. But none of her critics could ever find any evidence that her stories in the Times were slanted by her personal beliefs.That objective stance was entirely appropriate when she was a daily reporter. But book writing is different. After doing such a good job of describing the decades-long rightwing campaign to produce a court whose views are increasingly at odds with the majority of voters, Greenhouse doesn’t endorse any ideas about how to remedy the situation.Supreme Ambition review: Trump, Kavanaugh and the right’s big coupRead moreShe shows no enthusiasm for the idea of expanding the number of seats on the court, which was championed by Pete Buttigieg and others during the 2020 election, and she doesn’t even support the idea that 83-year-old Stephen Breyer should feel any pressure to retire during the current Congress, to make sure Joe Biden can appoint, and a Democratic Senate confirm, a liberal successor.Similarly, Greenhouse never suggests Ginsburg was wrong to stay in office until her death, rather than retire during Barack Obama’s time in office so that she wouldn’t be replaced by someone like Barrett.Unwilling to regulate dark money’s vicious role in our politics, and happy to eviscerate the most basic protections of the Voting Rights Act, the court is increasingly tethered to religious rightwing orthodoxy.Greenhouse does a superb job of describing how we got here. What she lacks is the passionate imagination we need to re-balance an institution which poses an urgent threat to American democracy.
      Justice on the Brink is published in the US by Random House
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      Biden v US Catholic bishops: Politics Weekly Extra

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      Last week Catholic bishops in the US voted to move forward with plans that could result in Joe Biden being banned from receiving communion because of his stance on abortion. Jonathan Freedland speaks to former congressman Tom Perriello about the decision and its potential impact on voters

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      Last week the US Conference of Catholic Bishops voted to move foward with plans to draw up new guidance on the eucharist, which could see President Biden being banned from receiving communion due to his stance on abortion. Why are they doing this? And what impact will it actually have? Jonathan Freedland speaks to Tom Perriello, the executive director of Open Society Foundations US about a piece he wrote last week condemning the move by the bishops. Archive: Getty; CNN; YouTube Listen to Comfort Eating with Grace Dent Send us your questions and feedback to podcasts@theguardian.com Help support the Guardian by going to gu.com/supportpodcasts More

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      ‘Unique problem’: Catholic bishops split over Biden’s support for abortion rights

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      At some point this weekend, Joe Biden will take his place in a line of people approaching the altar of a Catholic church to receive communion.The US president, a devout Catholic whose speeches regularly include biblical references and who carries a rosary that belonged to his late son, attends Mass every weekend – in Washington, his home town of Wilmington in Delaware, or wherever he happens to be traveling. If the traditional Sunday morning Eucharist service is not possible because of his schedule, he will receive the sacrament on Saturday evening as permitted by the Roman Catholic church.“It’s really an encounter with God,” Father Kevin Gillespie of Holy Trinity in Washington, the church Biden usually attends in the capital, told the Atlantic earlier this year. For Biden, this “sacred and intimate moment” is a “gift that enhances his faith”, and “we most certainly encourage him to improve his intimacy with God through the Eucharist”.But not everybody in the Catholic church in America is quite so keen on Biden receiving communion. Next week, a national online meeting of US bishops will discuss whether the president and other high-profile political figures should be denied the sacraments because of his stance on abortion rights.“How can he say he’s a devout Catholic and he’s doing these things that are contrary to the church’s teaching?” archbishop Joseph Naumann, chair of the US Conference of Catholic Bishops’ (USCCB) committee on pro-life activities, asked last month. Biden’s position was a “grave moral evil” which presents a “unique problem” for the church, Naumann said.Cardinal Raymond Burke, a leading conservative and critic of Pope Francis, has gone further, saying that politicians who “publicly and obstinately” support abortion are “apostates” who should not only be barred from receiving communion but deserve excommunication.At their meeting, the bishops will consider a document aimed at clarifying the church’s position on the Eucharist, and decide whether to commission further work on the circumstances in which the sacraments may be denied. The proposal needs the support of at least two-thirds of the 280 bishops in the USCCB – and more than 60 have already requested a suspension of all discussion, citing divisions within the conference.Among opponents of the move is Robert McElroy, the bishop of San Diego, who wrote in America Magazine, the Jesuit journal, that “the Eucharist is being weaponised and deployed as a tool in political warfare. This must not happen.”A letter from a senior Vatican official last month urged US bishops not to rush any debate and decision, and there has been speculation that the first meeting between President Biden and Pope Francis could take place at the Vatican the day before the USCCB’s virtual session opens. That would be seen as a strong signal from Rome.Whatever the outcome of the USCCB’s deliberations, the decision on whether an individual parishioner should be denied communion lies with the local bishop. Wilton Gregory of Washington and Francis Malooly of Wilmington, Delaware, have both made it clear that Biden is welcome to receive communion at churches in their dioceses.Father Gillespie’s public defence of Biden attending Mass has drawn angry phone calls, letters and emails. He told the Guardian it seemed best to refrain from speaking further on the matter, but said the president “has and will be welcomed to receive the Holy Eucharist” at his church.Biden, the second Catholic to occupy the White House after John F Kennedy, has said his faith shapes “all that I do” and will “serve as my anchor” through his term in office. In his book, Promises to Keep: On Life and Politics, he wrote: “My idea of self, of family, of community, of the wider world comes straight from my religion.”On abortion, Biden has said he personally believes life begins at conception but recognises others do not share his view. “What I’m not prepared to do is impose a precise view that is borne out of my faith on other people,” he said in 2015.In recent months, the Biden administration has lifted restrictions on federal funding for research involving human foetal tissue, rescinded a Trump policy barring organisations that refer women for abortions from receiving federal grants, and allowed women to remotely obtain a prescription for an abortion pill during the pandemic.The Catholic church says that Catholics in public life should uphold principles consistent with its doctrine. But in a survey carried out by the Pew Research Center in March, more than two-thirds of US Catholics said Biden’s views on abortion should not disqualify him from receiving communion.According to exit polls taken during last November’s presidential election, just over half of US Catholics (51%) voted for Biden, compared with 45% who voted Democrat in 2016; and 47% voted for Trump, compared with 52% in the previous election.Andrew Chesnut, professor of religious studies at Virginia Commonwealth University, said the USCCB’s proposal “serves to further polarise an already sharply divided episcopy, some of whom have been outspoken opponents of Pope Francis’s relatively progressive papacy.“The proposal to exclude Biden and all election officials who support legal abortion from communion is an effort on the part of conservative bishops to shore up their base of regular Mass-goers who are the life blood of the church. But exclusionary ecclesial policies will only lead to greater defection from the pews, especially among Millennials and Generation Z.”Michael Budde, professor of Catholic studies and political science at DePaul University in Chicago, said barring Biden from communion “will be rightly seen as a move of desperation, an attempt to coerce what has not been won by persuasion or dialogue”.He added: “There is no consensus among the Catholic faithful on this measure; significantly, there is no real support for it at the level of the worldwide Catholic communion as voiced by Pope Francis. That there are finally some important US cardinals and bishops who are tired of this can’t-win strategy may be an indication that someday a better vision might finally emerge.”A scathing editorial in the National Catholic Reporter earlier this month said the “tragic reality” of proceeding with the proposal was that “it will seal the deal on the branding of Catholicism in the United States as a culture war project.“This culture war … is not the church of mercy and encounter that Pope Francis is trying to offer the world. Nor does it resemble what the carpenter’s son from Galilee preached and died for.” More

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      The Guardian view on US bishops versus the president: Biden is on the angels’ side | Editorial

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      Joe Biden wears his Catholicism on his sleeve. The American president carries the rosary beads of his late son, Beau, around his wrist, and each Sunday he attends mass in Washington, or in his home state of Delaware. After Mr Biden’s election to the White House last year, Pope Francis sent him a copy of his book on the Covid pandemic, Let Us Dream. In it, Francis calls for a new spirit of solidarity in societies which have learned the hard way that “no one is saved alone”.Through his $2tn American Rescue Plan, Mr Biden hopes to turn that theological claim into public policy, deploying the resources of the state in the name of a more equal, sustainable society. “I grew up with Catholic social doctrine, which taught me that faith without works is dead,” he has said.For millions of ordinary American Catholics, disillusioned and alienated by their church’s shameful handling of sex abuse scandals, the Biden presidency is therefore an uplifting source of celebration and hope. But within the US Conference of Catholic Bishops (USCCB), it is instead treated as an insidious threat to ecclesial authority. As Archbishop Joseph Naumann of Kansas put it recently: “Because President Biden is Catholic, it presents a unique problem for us.”The reason is Mr Biden’s backing of abortion rights, which goes against Catholic teaching. On issues such as the rights of refugees, concern for the poor, the dignity of work and the climate emergency, the president and Pope Francis march in virtual lockstep. But figures such as Archbishop Naumann and the president of the USCCB, José Gomez, believe that the president’s position on abortion confuses the faithful and brings his own Catholicism into disrepute. In such circumstances, they speculate, it may be appropriate to take the extreme step of denying him holy communion at mass.The last similar discussion took place in 2004, when the pro-choice Catholic John Kerry was running for the White House. The issue was eventually parked and Mr Kerry didn’t win. Now the bishops have announced a vote next month on the subject, with a view to issuing a clarificatory document. The arch-conservative cardinal Raymond Burke is already on the record stating that “apostate” politicians backing abortion rights should be denied communion. As the conciliatory Mr Biden makes a credible fist of uniting a nation divided by decades of culture wars, it is tempting to despair. The USCCB has no power to order the withholding of communion, and the Vatican has already made clear its disapproval of the proposed June vote. But this may cut little ice with prelates who have fiercely resisted the liberal priorities of Francis’s papacy from its inception eight years ago.The weaponising of the eucharist illustrates the extent to which much of the hierarchy of US Catholicism has become the theological wing of extreme Republicanism. The end result, as one prominent theologian has warned, may be some kind of “soft schism” as conservative bishops try to pull the church further to the right. Surveys indicate that a majority of US Catholics believe abortion should be legal in all or most cases.The extraordinary violent denouement of Donald Trump’s polarising presidency meant that dialling down division became an urgent national priority. Mr Biden, in both tone and substance, has done a pretty good job on that front so far. If only the national leaders of his church could follow suit. More

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      The Guardian view on liberal Christians: is this their moment? | Editorial

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      “No one is saved alone,” writes Pope Francis in Let Us Dream, a short book of Covid-related reflections published last month. Those words carry an obvious Christian resonance. But the meaning that the pope intends to convey is primarily secular. The pandemic, he believes, has underlined our shared vulnerability and mutual dependency. By shocking us out of everyday indifference and egotism, our present troubles can open up the space for a new spirit of fraternity. A fresh emphasis on looking out for each other, claims the pope, can become the theme of a more generous and caring post-pandemic politics.Let Us Dream is a pastoral, spiritual book that aspires to address a lay audience as well as a religious one. In its emphasis on civic solidarity, tolerance, concern for the poor and the environment, it is also the latest attempt by Pope Francis to shift the dial of 21st-century Christianity away from the culture wars that have consumed it.There is an obvious temptation to respond wryly: “Good luck with that.” In a number of high-profile ways, 2020 was another depressing year for liberal-minded Christians. The Polish Catholic church worked hand in glove with the state in an attempt to effectively ban abortion and trample over LGBTQ+ rights. The strong disapproval of a majority of Poles, who have no wish to live in a theocracy, cut no ice. In neighbouring Hungary, the Reformed, Lutheran and Catholic churches kept stumm as Viktor Orbán’s government continued to bully minorities in the name of “illiberal Christianity”. During the lead-up to November’s US presidential election, Donald Trump’s cynical weaponisation of the abortion debate helped ensure strong Christian backing for the most profane, religiously illiterate president in the country’s history. And this week, Pope Francis himself indicated his disapproval of the legalisation of abortion in his native Argentina.But this stark summary of the church at odds with the liberal world does not tell the whole story. In Britain, as elsewhere, Christian churches, alongside mosques and synagogues, played a frontline role in the community activism that kept people and families afloat during months of acute uncertainty and hardship. It is from that wellspring of fellow feeling and altruism, the importance of which is suddenly front and centre in our lives, that Let Us Dream believes a “new humanism” can emerge. For those who share that aspiration, whether secular or religious, there are genuine grounds for hope in 2021.A liberal CatholicThe election to the White House of Joe Biden, a Democrat who is also a practising Catholic, is the best news liberal Christians have had for a long time. In a book published last month, the conservative Australian cardinal George Pell said Mr Trump was “a bit of a barbarian, but in some important ways he’s ‘our’ (Christian) barbarian”. The end of that cynically transactional relationship between Mr Trump’s White House and the religious right signals new possibilities. In his victory speech, Mr Biden quoted from Ecclesiastes, saying that for a divided America, “it was a time to heal”. When he has discussed his faith, the president-elect has tended to talk about altruism, decency and personal integrity, steering clear of provocative dividing lines.Mr Biden has backed access to abortion and same-sex marriage. He will, as a result, be relentlessly targeted by conservative Catholic critics and evangelicals. The president of the US Conference of Catholic Bishops, José Gomez, has convened a working group to address the “difficult and complex” situation of dealing with a liberal Catholic in the White House. But the Catholic vote was split evenly between Mr Biden and Mr Trump. And, crucially, Pope Francis is likely to have the new president’s back.This relationship could constitute an important new axis of liberal influence in the west. After a recent phone call between the two, a statement from Mr Biden’s transition team said the president-elect “expressed his desire to work together on the basis of a shared belief in the dignity and equality of all humankind, on issues such as caring for the marginalised and the poor, addressing the crisis of climate change and welcoming and integrating immigrants and refugees into our communities”. This was to more or less tick off the list of priorities the pope has attempted to set, while under constant assault from religious conservatives. The disruption of the recent alliance between Christianity and rightwing populism carries significant implications not only for America, but for the battle against global poverty, the climate emergency and the migration crisis.Fraternity as the new frontierMr Biden’s election is not the only hopeful sign for Christians who long for their leaders to look beyond the narrow preoccupation with reproductive rights and sexuality. Last year was marked by two significant theological documents, one from the eastern church and one from the west. Towards a Social Ethos of the Orthodox Church, published during Lent, is a radical clarion call for Orthodox Christians to engage with deepening inequalities in developed societies, and to confront wealthy nations with their moral obligations to refugees. The tone is set by the opening words of the text: “Our spiritual lives … cannot fail to be social lives.” Endorsed by Bartholomew I, the spiritual leader of the Orthodox church, the document recalls that “[the] early and Byzantine church had a bold voice on social justice”. This, it states, must be revived and renewed. Pope Francis’s recent encyclical, Fratelli Tutti (Brothers All), was written in the same spirit. Ideas of fraternity and friendship are developed as a necessary complement to the familiar political categories of liberty and equality. The argument is summed up in Let Us Dream, where the pope writes: “Without the ‘we’ of a people, of a family, of institutions, of a society that transcends the ‘I’ of individual interests, life … becomes a battle for supremacy between factions and interests.”Intriguingly, variations on this theme have been explored in a string of recent publications, both secular and religious. In his valedictory work Morality: Restoring the Common Good in Divided Times, the late chief rabbi, Jonathan Sacks, criticises the modern priority of “I” over “we”. Robert Putnam and Shaylyn Romney Garrett’s The Upswing and Michael Sandel’s The Tyranny of Merit both attempt to map out a civic territory that avoids the twin dangers of selfish individualism and illiberal populism.In recent years, Christian leaders have too often been silent, complicit or cravenly proactive, as the Bible has been deployed as a weapon in conservative culture wars. The image of Trump marching through teargassed streets to brandish a bible outside a Washington church encapsulated a kind of capitulation. But in the new year, liberal Christians have grounds for cautious optimism. In the necessary project of carving out a new space for a less polarised, more fraternal public square, they have a vital role to play. More

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      Soul of the nation: how Joe Biden's faith will shape his presidency

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      He carries a rosary in his pocket, one that belonged to his dead son, Beau. On election day last Tuesday, he went to mass, as he does every Sunday.
      In his victory speech on Saturday night, he quoted from Ecclesiastes: “The Bible tells us that to everything there is a season – a time to build, a time to reap, a time to sow. And a time to heal. This is the time to heal in America.”
      For only the second time in US history, a Catholic will occupy the White House when Joe Biden is sworn in as the country’s 46th president. A man of profound faith, he has pledged to restore the “soul of the nation” after four years of rancour.
      At his side will be a vice-president who, as well as being the first woman of colour to hold the position, comes from a family that has embraced the Baptist church, Hinduism and Judaism.
      Catholic bishops in the US were quick to congratulate the president-elect, acknowledging that he will be only the second president to be a Catholic, John F Kennedy being the first.
      “At this moment in American history, Catholics have a special duty to be peacemakers, to promote fraternity and mutual trust, and to pray for a renewed spirit of true patriotism in our country,” said José Gomez, archbishop of Los Angeles and president of the US Conference of Catholic Bishops.
      Biden’s Catholicism is at the core of his life and is likely to shape the way he governs as president.
      “I’m as much a cultural Catholic as I am a theological Catholic,” he wrote in his book, Promises to Keep: On Life and Politics. “My idea of self, of family, of community, of the wider world comes straight from my religion. It’s not so much the Bible, the beatitudes, the Ten Commandments, the sacraments, or the prayers I learned. It’s the culture.”
      Less than two weeks ago, in an article for the Christian Post, Biden wrote: “My Catholic faith drilled into me a core truth – that every person on earth is equal in rights and dignity, because we are all beloved children of God.”
      As president, he added: “These are the principles that will shape all that I do, and my faith will continue to serve as my anchor, as it has my entire life.”
      Several of Biden’s campaign ads featured footage of his meetings with Pope Francis. In a 2015 interview, Biden said Francis was “the embodiment of Catholic social doctrine that I was raised with. The idea that everyone’s entitled to dignity, that the poor should be given special preference, that you have an obligation to reach out and be inclusive.” More

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      The Guardian view on Johnson's Biden problem: not going away | Editorial

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      The Irish question has played havoc with the best-laid plans of hardline Brexiters. Since 2016, successive Conservative governments have struggled to square the circle of keeping the United Kingdom intact, while avoiding the reimposition of a hard border on the island of Ireland. The border issue has been the achilles heel of Brexit, the thorn in the side of true believers in a “clean break” with the EU. So the prospect of an Irish-American politician on his way to the White House, just as Boris Johnson attempts to finagle his way round the problem, is an 11th-hour plot twist to savour.
      Joe Biden’s views on Brexit are well known. The president-elect judges it to be a damaging act of self-isolation; strategically unwise for Britain and unhelpful to American interests in Europe. But it is the impact of the UK’s departure from the EU on Ireland that concerns Mr Biden most. This autumn, he was forthright on the subject of the government’s controversial internal market bill, which was again debated on Monday in the House of Lords. The proposed legislation effectively reneges on a legally binding protocol signed with the EU, which would impose customs checks on goods travelling between Britain and Northern Ireland. In doing so, it summons up the spectre of a hard border on the island of Ireland, undermining the Good Friday agreement. Mr Biden is adamant that the GFA must not “become a casualty of Brexit”. He is expected to convey that message, in forceful terms, when his first telephone conversation with Mr Johnson eventually takes place.
      This is somewhat awkward for the prime minister. Mr Johnson badly needs to establish good relations with the new regime in Washington, ahead of crucial trade negotiations. In light of that, Mr Johnson may choose not to insist on the clauses relating to Northern Ireland when the bill goes back to the Commons. That would certainly be the wise move, although the noises coming from the government remain defiant. But the prime minister’s challenges in dealing with the coming regime change in Washington go well beyond Brexit.
      The personal dynamics between Mr Johnson and Mr Biden and his team are, to put it mildly, unpromising. The prime minister’s insulting remarks four years ago, about Barack Obama’s Kenyan ancestry, have not been forgotten. Mr Johnson seems to be viewed by many senior Democrats as a kind of pound-shop Donald Trump. There is also little regard for the consistency or sincerity with which Mr Johnson holds his views. At the weekend, when the prime minister instagrammed his congratulations to Mr Biden on his victory, a Biden ally witheringly referred to Mr Johnson as “this shape-shifting creep”.
      So in the race to make friends and influence people in the new Washington, Britain has the very opposite of a head start. The smart money is on Paris becoming the first European capital to receive President Biden. That reflects both good relations with Emmanuel Macron and a concern to rebuild diplomatic bridges, after four years in which Mr Trump rarely ceased to disparage and seek to undermine the EU. Mr Biden means to bring back a sense of diplomatic propriety and integrity to America’s relations with European friends and allies.
      Britain, having left the EU, cannot be a central player in this restoration project. But it can avoid making unforced errors. The government should urgently start to read the runes of new, more internationalist times. The politics of disruptive confrontation, as exemplified by the internal market bill, suddenly looks dangerously dated. When the Northern Ireland minister, Brandon Lewis, confirmed in September that the bill would break international law, senior Conservatives such as Sir Michael Howard and Theresa May expressed their dismay at the damage to Britain’s reputation that would result. They were ignored.
      But faced with an Irish-American president who is determined to rehabilitate relations with the EU, and is deeply suspicious of Mr Johnson’s Trumpian tendencies, to continue with the bill as it stands would be folly. With Mr Trump on his way out, Mr Johnson needs to sober up and start shifting some shapes on this and other matters. More