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    Are the Courts Checking Trump — or Enabling Him?

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    A former federal judge weighs in.In this episode of “The Opinions,” the editorial director David Leonhardt talks to a conservative former federal judge, Michael McConnell, about the role of the courts in President Trump’s second term.Are the Courts Checking Trump — or Enabling Him?A former federal judge weighs in.Below is a transcript of an episode of “The Opinions.” We recommend listening to it in its original form for the full effect. You can do so using the player above or on the NYT Audio app, Apple, Spotify, Amazon Music, YouTube, iHeartRadio or wherever you get your podcasts.The transcript has been lightly edited for length and clarity.David Leonhardt: I’m David Leonhardt, the director of the New York Times editorial board. Every week I’m having conversations to help shape the board’s opinions.One thing that I find useful right now is talking with President Trump’s conservative critics. They tend to be alarmed by the president’s behavior, but they also tend to be more optimistic than many progressives about whether American democracy is surviving the Trump presidency. And that combination helps me and my colleagues think about where the biggest risks to our country really are.One area I’ve been wrestling with is the federal court system. I want to understand the extent to which the courts are acting as a check on President Trump as he tries to amass more power, or whether the courts are actually helping him amass that power.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Senate Approves First Judge of Trump’s Second Term

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      The pace of judicial confirmations is lagging compared with the president’s first stint in office, but more are in the pipeline.The Senate on Monday confirmed the first federal judge of President Trump’s second term, putting the administration on a much slower pace for filling federal court vacancies than in his first term, when a rush to install conservatives on the courts was an overarching priority.Senators voted 46 to 42 along party lines to confirm Whitney D. Hermandorfer of Tennessee to a seat on the Cincinnati-based U.S. Court of Appeals for the Sixth Circuit. Her approval came more than six weeks later than the first appellate judge confirmed after Mr. Trump took office in 2017. The Senate had also confirmed a new Supreme Court justice by this point in his last term, placing Neil M. Gorsuch on the court.This time around, Mr. Trump has put more emphasis on other aspects of his administration, aggressively pushing ambassadorial nominations and devoting much of the energy of the Senate to pushing through the sweeping tax and policy legislation enacted this month.In addition, significantly fewer judicial vacancies exist today compared with 2017, when Mr. Trump inherited more than 100 court openings after Senate Republicans stalled President Barack Obama’s judicial selections when they took Senate control in 2014.“We’re not facing the number of judicial vacancies this Congress we did during Trump’s first term,” said Senator John Thune, Republican of South Dakota and the majority leader. “There are around 50 vacancies on the federal bench. Our job is to fill those vacancies with more judges who understand the proper role of a judge, and that starts with confirming Ms. Hermandorfer.”Ms. Hermandorfer served as director of the strategic litigation unit in the Tennessee attorney general’s office, where she has argued high-profile cases, including defending the state’s abortion ban and challenging a Biden administration prohibition on discrimination against transgender students.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      The Gender Gap That Ate the Democrats

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      Much of the analysis of the 2024 election focused on Democratic losses among working-class minorities, especially Hispanic and Black voters. But the dominant theme of the contest was, in fact, the broader shift of men of all races and ethnicities to the Republican Party.If men had supported Kamala Harris at the same level as women did, Harris would have won the popular vote and possibly the Electoral College. Donald Trump beat her by 2.28 million votes, in an election that saw the male vote for the Democratic presidential nominee fall by 3.54 million from 2020 to 2024 and the female vote fall by just over 844,000.The Democratic Party lost ground in the 2024 election among almost all demographic groups — white people, Black people, Latinos, the young, rural and exurban voters — but all the defections had one thing in common: Democratic losses were significantly greater among men than among women.These developments are well documented in two extensive election analyses by organizations that offer some of the best demographic studies of voting patterns: “What Happened in 2024” by Catalist, a liberal voter-study firm, and “Behind Trump’s 2024 Victory, a More Racially and Ethnically Diverse Voter Coalition” by Pew Research.Catalist found that in 2024 Harris, the second woman to run for president as the Democratic nominee, received just 1 percent less support than Joe Biden did in 2020 from white women, while Harris’s backing from white men fell by four percentage points. Among Black voters, Harris saw a one-point drop among women and an eight-point decline among Black men; among Latinos, Harris lost seven points among women, 12 points among men.Catalist summarized its findings on the differences between the partisan shifts of men and women:The partisan gender gap remains high and grew in 2024. Women have long been more likely to support Democrats than men do. The gender gap in partisan preferences increased in 2024: women continued to support Harris (55 percent support) at roughly the same levels that they supported Biden in 2020 (56 percent). But men moved toward Trump in 2024, from 48 percent support for Biden in 2020 to 42 percent support for Harris in 2024.The most severe declines in Democratic voting, according to Catalist, “were concentrated among the younger cohorts of voters, particularly young men. For instance, support for Democrats from 2020 to 2024 among young Black men dropped from 85 percent to 75 percent and support among young Latino men dropped from 63 percent to 47 percent.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Justice Dept. Explores Using Criminal Charges Against Election Officials

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      Such a path could drastically raise the stakes for federal investigations of state or county officials, bringing the department and the threat of criminalization into the election system.Senior Justice Department officials are exploring whether they can bring criminal charges against state or local election officials if the Trump administration determines they have not sufficiently safeguarded their computer systems, according to people familiar with the discussions.The department’s effort, which is still in its early stages, is not based on new evidence, data or legal authority, according to the people, speaking on the condition of anonymity to describe internal discussions. Instead, it is driven by the unsubstantiated argument made by many in the Trump administration that American elections are easy prey to voter fraud and foreign manipulation, these people said.Such a path could significantly raise the stakes for federal investigations of state or county officials, thrusting the Justice Department and the threat of criminalization into the election system in a way that has never been done before.Federal voting laws place some mandates on how elections are conducted and ballots counted. But that work has historically been managed by state and local officials, with limited involvement or oversight from Washington.In recent days, senior officials have directed Justice Department lawyers to examine the ways in which a hypothetical failure by state or local officials to follow security standards for electronic voting could be charged as a crime, appearing to assume a kind of criminally negligent mismanagement of election systems. Already, the department has started to contact election officials across the country, asking for information on voting in the state.Ballots from the 2024 general election locked in a secure warehouse area of the Ada County Elections Office in Boise, Idaho, last November.Natalie Behring for The New York TimesWe are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Trump Faces the Biggest Test Yet of His Second-Term Political Power

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      If President Trump gets his domestic policy bill over the finish line, it will be a vivid demonstration of his continuing hold over the Republican Party.President Trump has gotten almost everything he has wanted from the Republican-controlled Congress since he took office in January.G.O.P. lawmakers approved his nominees, sometimes despite their doubts. They ceded their power over how federal dollars are distributed, impinging on constitutional authority. And they have cheered his overhaul of the federal bureaucracy, even as he has bypassed the legislative body’s oversight of federal agencies.But now, Mr. Trump is pressuring Republicans to fall in line behind his sprawling domestic policy bill, even though it has elements that could put their party’s hold on Congress in greater peril in next year’s midterm elections. Fiscal hawks are appalled by estimates that the bill would add at least $3.3 trillion to the country’s ballooning debt, while moderate Republicans are concerned about the steep cuts to the safety net.Yet Mr. Trump is still getting his way — at least so far. The Senate narrowly passed the bill Tuesday, with Vice President JD Vance breaking the tie. The bill now heads back to the House, where the president can only lose three votes, and where anger among both moderates and conservatives about changes made by the Senate is running high.Getting the bill through the House may be the biggest test yet of Mr. Trump’s second-term political power. If he gets the bill over the finish line, it will be another legislative victory and a vivid demonstration of his continuing hold over the party.The process of driving the legislation forward has exposed deep divisions among congressional Republicans, as well as concern about the huge political risks of supporting the bill. In the end, fear of crossing Mr. Trump kept defections in the Senate to a barely manageable level.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      A Reckless Judicial Nomination Puts the Senate to the Test

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      Republicans in the Senate may be on the verge of their most consequential capitulation to President Trump so far — and I am not talking about the deficit-busting “big, beautiful bill.”On Wednesday, when the eyes of the nation were still fixed on the Middle East, the Senate Judiciary Committee held a hearing on Trump’s nomination of Emil Bove to serve as a judge on the United States Court of Appeals for the Third Circuit, which covers cases from Pennsylvania, New Jersey, Delaware and the Virgin Islands.Bove’s nomination is yet another sign that Trump’s second term is beginning (yes, it’s still only the beginning) very differently from his first. Just as he wants sycophants and yes men staffing his administration, he’s now moving toward staffing the judiciary with the same kind of person: judges who will do whatever it takes to curry favor with a president who values fealty above all.By now, Americans are accustomed to the devolution of Trump’s team. Serious people populated the highest levels of the executive branch at the start of Trump’s first term, but now some of the most important positions in American government are held by cranks like Kash Patel, Robert F. Kennedy Jr. and Pete Hegseth.But as bad as those men are, their influence is ultimately limited — first by Trump himself, who feels completely free to overrule and disregard any decision they make for the sake of his own interests and whims, and second by time itself. Trump’s political appointees won’t be in American government for long, and while they can inflict lasting damage during their short tenures, the next president can replace them and at least start the process of repair.Emil Bove, however, would be a problem for a very long time. At 44 years old, he’s been nominated for a lifetime appointment to the federal bench. That means he’d long outlast Trump in the halls of American power, and if past performance is any measure of future results, we should prepare for a judge who would do what he deems necessary to accomplish his political objectives — law and morality be damned.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      in Elections

      As Mamdani Rises, Anti-Muslim Attacks Roll In From the Right

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      Republican members of Congress and Trump administration officials have targeted Zohran Mamdani, who would be New York City’s first Muslim mayor.Even before Zohran Mamdani claimed victory in New York City’s Democratic mayoral primary, he had become a target of racist attacks from the far right. Those attacks have only intensified in the wake of his commanding performance on Tuesday, with Republican elected officials and right-wing media figures accusing him of promoting Islamic law, supporting terrorism and posing a threat to the safety of New Yorkers, especially Jews.There has been nothing subtle about it: Stephen Miller, the architect of the Trump administration’s immigration policy, called Mr. Mamdani’s apparent win “the clearest warning yet of what happens to a society when it fails to control migration.” Representative Andy Ogles, Republican of Tennessee, accused Mr. Mamdani of supporting terrorists and asked Attorney General Pam Bondi to strip him of his citizenship and deport him.Representative Nancy Mace, Republican of South Carolina, shared a photo of Mr. Mamdani preparing for an Eid service while dressed in a kurta, writing, “we sadly have forgotten” the Sept. 11 attacks, which occurred when Mr. Mamdani was 9 years old and living in Manhattan. And Charlie Kirk, the head of Turning Point USA, a leading group for conservative youth, sought to connect him to those attacks even more directly.“24 years ago a group of Muslims killed 2,753 people on 9/11,” he wrote. “Now a Muslim Socialist is on pace to run New York City.”The attacks on Mr. Mamdani, who would be the first Muslim mayor of New York City if elected, deal in well-worn Islamophobic and anti-immigrant tropes. To some, they carry echoes of the “birther” conspiracy theory Donald J. Trump stoked for years before he was elected president, when he falsely claimed that President Barack Obama was Muslim and born in Kenya.Mr. Obama is Christian and was born in Hawaii; Mr. Mamdani is Muslim and was born to Indian parents in Uganda. But like the “birther” attacks, the vitriolic barbs being aimed at Mr. Mamdani seek to paint him as a shadowy, dangerous figure who bears no resemblance to the candidate himself.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      in Elections

      Democrats Are Getting Richer. It’s Not Helping.

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      There have been endless laments for the white working-class voters the Democratic Party lost over the past few decades, particularly during the 10 years of the Trump era. But detailed 2024 election analyses also make it clear that upper-income white voters have become a much more powerful force in the party than they ever were before. These upscale white voters are driving the transformation of the Democratic Party away from its role as the representative of working-class America and closer to its nascent incarnation as the party of the well-to-do.A detailed analysis of data compiled by the Cooperative Election Study shows that in 2024, 46.8 percent of white Kamala Harris voters had annual household incomes over $80,000, while 53.2 percent earned less than that. In fact, according to data analysis by Caroline Soler, a research analyst for the Cooperative Election Study, the single largest bloc of white Democratic voters in 2024 — 27.5 percent — had incomes of $120,000 or more.Along similar lines, Tom Wood, a political scientist at Ohio State University, provided The Times with figures from the American National Election Studies for 2020, the most recent year for which data is available. The numbers show that white voters in the 68th to 100th income percentiles — the top third — cast 49.05 percent of their ballots for Joe Biden and 50.95 for Donald Trump. White voters in the top 5 percent of the income distribution voted 52.9 percent for Biden and 47.1 percent for Trump.These figures stand in sharp contrast to election results as recent as those of 2008. Among white voters in the top third of the income distribution that year, John McCain, the Republican nominee, beat Barack Obama 67.1 percent to 32.9 percent.Frances Lee, a political scientist at Princeton, responded by email to my inquiries about this phenomenon: “An objective look at both party’s coalitions in the mass electorate would have to acknowledge that neither Republicans nor Democrats are the ‘party of the working class.’”Instead, Lee argued:Both parties are vulnerable to charges of elitism. Republicans really do push for tax cuts that benefit the wealthy. Democrats, meanwhile, take stances on social issues that appeal to socioeconomic elites.The underlying truth, Lee continued, “is that the major parties in the U.S. today are not primarily organized around a social-class cleavage.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Why Democrats Need Their Own Trump

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      We are more than 1,200 days away from the 2028 presidential election, but the Democratic presidential primary is already well underway. The likely candidates are fund-raising, hosting campaign rallies, starting podcasts and staking out ideological lanes.Candidates will try to carve out distinct political identities, but one challenge unites them all: Their party is historically unpopular. The Democratic Party’s favorability rating is 22 percentage points underwater — 60 percent of respondents view it unfavorably, 38 favorably. Apart from the waning days of Joe Biden’s presidency, that is by far the lowest it’s been during the more than 30 years Pew Research has collected data.The presidential hopefuls are likely to divide into two camps, moderates and progressives. But these paths misunderstand Democrats’ predicament and will fail to win over a meaningful majority in the long term. If the next Democratic nominee wants to build a majority coalition — one that doesn’t rely on Republicans running poor-quality candidates to eke out presidential wins and that doesn’t write off the Senate as a lost cause — the candidate should attack the Democratic Party itself and offer positions that outflank it from both the right and the left.It may seem like an audacious gambit, but a successful candidate has provided them a blueprint: Donald Trump.To be clear, the blueprint I refer to is not the one Mr. Trump has used to violate democratic norms and destabilize American institutions, but rather the one for resetting how Americans view a party and its leaders.In January 2013, at the time of Barack Obama’s second inauguration, Republicans were deeply unpopular. Conservative thought leaders like Sean Hannity, Bill O’Reilly and Karl Rove advocated comprehensive immigration reform as a pathway back to a majority. By the summer, the base’s backlash to the idea was itself so comprehensive that many of them were forced to retreat.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More