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      Race for G.O.P. Chair Obscures the Party’s Bigger Problems

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      Ronna McDaniel’s quest for a fourth term atop the Republican National Committee has triggered an ugly intraparty fight between the right and the farther right. Figuring out how to win back swing voters is not a top priority.Since former President Donald J. Trump’s narrow victory in 2016, the Republican Party has suffered at the ballot box every two years, from the loss of the House in 2018 to the loss of the White House and Senate in 2020 to this year’s history-defying midterm disappointments.Many in the party have now found a scapegoat for the G.O.P.’s struggles who is not named Trump: the chairwoman of the Republican National Committee, Ronna McDaniel.But as Ms. McDaniel struggles for a fourth term at the party’s helm, her re-election fight before the clubby 168 members of the Republican National Committee next month may be diverting G.O.P. leaders from any serious consideration of the thornier problems facing the party heading into the 2024 presidential campaign.Ms. McDaniel, who was handpicked by Mr. Trump in late 2016 to run the party and whom he enlisted in a scheme to draft fake electors to perpetuate his presidency, could be considered a Trump proxy by Republicans eager to begin to eradicate what many consider to be the party’s pre-eminent problem: the former president’s influence over the G.O.P.Those Republicans, whose voices have grown louder in the wake of the party’s weak November showing, see any hopes of wooing swing voters and moderates back to the G.O.P. as imperiled by Mr. Trump’s endless harping on his own grievances, the taint surrounding his efforts to remain in power after his 2020 defeat, and the continuing dramas around purloined classified documents, his company’s tax fraud conviction and his insistence on trying to make a political comeback.But Ms. McDaniels is not facing moderation-minded challengers. Her rivals are from the Trumpist right. They include the pillow salesman Mike Lindell, who continues to spin out fanciful election conspiracies, and — more worrying for Ms. McDaniel — a Trump loyalist from California, Harmeet Dhillon, who is backed by some of Mr. Trump’s fiercest defenders, including the Fox News host Tucker Carlson and Charlie Kirk, the founder of Turning Point USA, a youthful group of pro-Trump rightists.Ms. McDaniel, who was handpicked by Mr. Trump in late 2016 to chair the party, is running for a fourth term.Brendan Smialowski/Agence France-Presse — Getty ImagesMs. McDaniel has accused Ms. Dhillon, who was co-chair of the election denying group Lawyers for Trump in 2020, of conducting “a scorched-earth campaign” against her by rallying outside activists “to put maximum pressure on the R.N.C. members” who will choose the party leader for the next two years in late January in Dana Point, Calif.“It’s been a very vitriolic campaign,” Ms. McDaniel said in an interview, adding: “I’m all for scorched earth against Democrats. I don’t think it’s the right thing to do against other Republicans.”The candidacy of Mr. Lindell, the MyPillow chief executive who exemplifies the conspiracy-driven fringe, has put still more right-wing pressure on Ms. McDaniel, who refuses to say Joseph R. Biden Jr. was fairly elected in 2020. (Mr. Lindell’s latest conspiracy theory is that Gov. Ron DeSantis of Florida, Mr. Trump’s biggest rival so far for the 2024 presidential nomination, unfairly won re-election in November.)The circus brewing ahead of the R.N.C.’s Jan. 25 gathering does not bode well for members who believe the party’s troubles stem from Mr. Trump.“The former president has done so much damage to this country and to this party,” said Bill Palatucci, a committee member from New Jersey, who described the R.N.C. chair election as shaping up to be “a Hobson’s choice.”“We have to acknowledge that 2022 was a disaster, and we need to do things differently,” he said, adding, “I would prefer and still hope there would be a different option.”The R.N.C. has undertaken what it says is a serious analysis of the 2022 results, led by Henry Barbour of Mississippi, the nephew of the state’s former governor, Haley Barbour, and a co-author of the so-called autopsy that the party ordered up after Mitt Romney’s 2012 loss. That report counseled a more inclusive attitude toward voters of color and moderate swing voters, and a more open stand on overhauling immigration laws — the opposite tack taken by the party during the Trump era.The 2022 review committee includes Jane Brady, a former attorney general of Delaware, and Kim Borchers, a committee member from Kansas, but it is also being co-chaired by Ms. Dhillon, who, at least for now, has spent the past weeks rallying the hard right, not courting the center.Ms. Dhillon, in an interview, suggested replacing Ms. McDaniel was a prerequisite for change.“There may be many reasons for the various losses over the last several years, but what they all have in common is that they occurred under the current leadership, which has promised to change exactly nothing in the next two years,” she said. “The most unifying thing that Ronna could do would be to move on to new challenges, and allow us to unite around a vision that includes much-needed reforms, improvements, and investments in a winning future.”Ms. Dhillon has rallied the hard right rather than court the center.Rebecca Noble for The New York TimesAnd the forces gathering against Ms. McDaniel are multiplying. The Republican Party of Florida scheduled a no-confidence vote on Ms. McDaniel in the second half of January. The chairman of the Nebraska Republican Party withdrew his support of Ms. McDaniel, citing an “ever growing divide” among both R.N.C. members and “now, even more so, Republicans across the nation.” The executive committee of the Texas Republican Party unanimously passed a nonbinding vote of no-confidence in Ms. McDaniel, and the Arizona G.O.P. publicly called on her to resign. Still, the Republican National Committee chair’s race is the ultimate inside game; only members get a vote. And Michael Kuckelman, the chairman of the Kansas Republican Party and an R.N.C. member, said he still thinks Ms. McDaniel will easily win another term.Ms. Dhillon’s pressure campaign is likely bolstering Ms. McDaniel’s support among committee members she has befriended over the past six years, he said, and potentially damaging Ms. Dhillon’s chances of leading the party in the future. Around two-thirds of the committee’s members have already said they will back Ms. McDaniel’s re-election.Ms. McDaniel with Mehmet Oz, who lost the Senate race in Pennsylvania to Lt. Gov. John Fetterman, a Democrat.Laurence Kesterson/Associated PressMr. Kuckelman also said Ms. McDaniel was being unfairly blamed for losses in key Senate and House contests. “Everybody needs to bring the temperature down a little bit,” he said. “Ronna McDaniel does not pick candidates. Republicans do that in the primaries. Her job is to get the vote out, and she does get the vote out.”Moreover, Ms. Dillon’s tactics have antagonized some committee members.At Turning Point USA’s conference last week in Phoenix — where recriminations and sniping at fellow Republicans seemed to be a theme — Ms. Dhillon appeared on Stephen K. Bannon’s “War Room” show and took her own shots at the committee she seeks to lead.“Consultants are running the building at the R.N.C.,” she told Mr. Bannon before a cheering crowd. “Those consultants get paid whether we win or lose.”Her accusations are rankling her colleagues. On an internal committee listserv, Jeff Kent, a committee member from Washington, wrote that Ms. Dhillon “does not have the right to go on national television and defame the character of the R.N.C. members who have chosen not to support her.”Audience members at a conference in Phoenix hosted by Turning Point USA. Rebecca Noble for The New York TimesThe Turning Point conference concluded with a straw poll in which only 2 percent of the 1,150 conference attendees chose Ms. McDaniel as their preferred party chairwoman going forward. Mr. Kirk then emailed all 168 voting members of the committee to tell them the group would challenge any member who did not heed the call of the party’s activists.Given the circumstances, Mr. Palatucci said Ms. McDaniel remains favored for re-election, but anything could happen over the next month.“A lot of her support is soft, and some could be convinced to vote for somebody else,” he said. “R.N.C. members are very experienced politicians. They’re experts at looking you in the eye and saying, ‘I love you,’ and in a secret ballot slitting your throat.”All of this fighting is over a position whose salary topped $358,000 in 2022 but whose responsibilities are tangential to midterm elections at best.In the interview, Ms. McDaniel boasted of investments the party has made — in community centers to engage voters of color, especially Latinos; in voter registration drives; and in get-out-the-vote efforts. She cited a New York Times analysis that showed that Republican voter turnout in November was robust. The problem: Many of those Republicans appeared to vote for Democrats.“We don’t pick the candidate,” she said. “We do not do the messaging for the candidates, right? They pick consultants, and their own pollsters. So what does the R.N.C. do? We build the infrastructure. We do the voter registration.”The committee’s role becomes more pivotal during the presidential campaign, raising money for the party’s nominee and staging the convention, which is set for mid-July 2024 in Milwaukee. It will also try to unify the party during what may be an exceptionally contentious primary season.Party chairs usually take a back seat to the president, who commonly calls the shots from the White House. And Ms. McDaniel said she had really only begun to put her imprimatur on the R.N.C. since Mr. Trump left the White House. “These last few years, in my mind, have been the first few years I’ve been able to really innovate,” she said.She cited efforts like those on Republican community centers, voter registration and legal actions around voting as important to continue. “We have to keep that going heading into a presidential year,” she said. “After that, I will happily step aside.”But Ms. McDaniel’s keep-it-going attitude may be her biggest liability. Some committee members who do not like Ms. Dhillon’s tactics or solutions nevertheless worry about the current chairwoman’s insistence that all is well.“We need a leadership change; the bottom line is the status quo is unacceptable,” Mr. Palatucci said. “This election is a month and a half away. A lot can happen. I’m expecting some movement. And certainly the storm that Harmeet is instigating is causing a very good debate within the committee, and that’s worth having.” More

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      G.O.P. Gains Strength on N.Y. City Council, as a Democrat Breaks Ranks

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      Progressive Democrats and conservative Republicans are clashing on what may be the most ideologically diverse City Council ever.As a first-term Democrat on the New York City Council, it might seem logical that Ari Kagan would want to curry favor with his party, which has an overwhelming majority within the 51-member body. Instead, he did the politically unthinkable this month: He switched parties to join the Council’s five other Republicans.For Mr. Kagan, who represents a district in South Brooklyn that is becoming more conservative, the move might be to his political advantage when he seeks re-election next year — even if it means a loss of power and influence on the Council. But Mr. Kagan said that he believed that the Democratic Party, especially in New York, had drifted too far to the left.“It’s not me leaving the Democratic Party,” Mr. Kagan said. “The Democratic Party started to leave me.”Across New York City, where Democrats outnumber Republicans seven to one, there are signs of Republicans making inroads. In the most recent midterm elections, every county in the city voted more Republican than it did in the 2020 presidential election, and three Democratic members of the State Assembly lost to Republicans in South Brooklyn.Lee Zeldin, the Republican nominee for governor, won Staten Island by 19 points more than Republicans won the borough in the 2020 presidential election. Kathy Hochul, a Democrat, won the governor’s race by the smallest margin in over 30 years — in part because of how well Mr. Zeldin did in parts of New York City. “Ten years ago, our party was somewhat on the decline. We were fractured, we were disjointed, we were losing voters,” Joseph Borelli, the Council’s Republican minority leader, said at the news conference announcing Mr. Kagan’s switch. “I think today is a sign that the opposite is happening.”Some on the far left have accused Mayor Eric Adams, a moderate Democrat who is a former registered Republican, of serving as an unspoken ally to Republicans. Mr. Adams regularly criticizes left-leaning Democrats, including members of the Council, as damaging to the party’s electoral hopes.The mayor also has a working relationship with Mr. Borelli. That became evident when Mr. Borelli’s Republican appointees to a City Council districting commission joined with Mr. Adams’s appointees in an unsuccessful bid to push through Council maps that would have benefited Republicans by keeping all three G.O.P. districts on Staten Island contained within the borough, while hurting some progressive Democrats in Brooklyn.The Council maps that were ultimately created as part of the once-in-a-decade redistricting process still increased the chance that newly drawn districts might be won by Republicans in next year’s election, according to an analysis by the CUNY Mapping Service.Still badly outnumbered, the Republican contingent on the Council will be hard-pressed to pass partisan legislation, but it can still create, if not shape, debate. Its members oppose vaccine mandates, filed a lawsuit to invalidate noncitizen voting, used the word “groomer” in opposition to drag queen story hour in public schools and are vocal proponents of more stringent policing tactics.The Aftermath of the 2022 Midterm ElectionsCard 1 of 6A moment of reflection. More

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      DeSantis Is Showing Strength. He’s Also Vulnerable on His Right Flank.

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      For staunchly anti-abortion conservatives, the Florida governor’s 15-week ban doesn’t go far enough.In April, when Gov. Ron DeSantis of Florida signed a bill banning abortion after 15 weeks of pregnancy, with no exceptions for rape or incest, he staked out a position as an unapologetic opponent of abortion rights.But now, as polls show DeSantis gaining strength in a hypothetical Republican presidential primary in 2024, he’s under pressure from conservatives to do more. More than perhaps any other issue, abortion is a potential point of vulnerability for the Florida governor — and a rare subject on which he has faced criticism from his right flank.“So far, we’ve actually been quite disappointed with Governor DeSantis,” said Andrew Shirvell, the founder and executive director of Florida Voice for the Unborn, a grass-roots anti-abortion group.And should DeSantis run for president, Shirvell said, “if there’s a big pro-life champion to contrast their record with Governor DeSantis’s record, there’s no doubt that he will be hit. That is his weak point.”It isn’t just DeSantis’s position that makes him a potential target for a future conservative rival; it’s also the state he represents.Florida is a paradox. It’s firmly in Republican hands now. But it also has one of the highest rates of abortion in the country — nearly twice the national average. And as surrounding states have tightened their laws, the number of women seeking abortion care in Florida clinics has roughly doubled, according to Planned Parenthood.“From my perspective, it’s terrible, but for those who would completely ban abortion, it’s not enough,” Anna Eskamani, a Democratic state lawmaker, said of the 15-week ban. “If he thought it was popular, DeSantis would have campaigned on that, and he didn’t. He wouldn’t even say ‘abortion.’”Polls show that somewhere between roughly half and two-thirds of the state’s residents would prefer that abortion remain legal in all or most cases. In battleground states this year, voters punished Republicans they deemed too extreme on abortion. All that might be giving DeSantis pause, even though he cruised to re-election by nearly 20 percentage points and would seem to have little to fear from Florida’s demoralized Democrats.“There’s always going to be a need for abortion care,” said Laura Goodhue, the executive director of the Florida Alliance of Planned Parenthood Affiliates. “Ron DeSantis is fond of saying he’s in favor of freedom, yet he’s perfectly happy taking away people’s bodily autonomy.”Shifting post-Roe politicsAnti-abortion groups, however, sense a shifting political landscape after the Supreme Court’s decision in June to overturn Roe v. Wade. In red states like Florida, where Republicans now hold supermajorities in both chambers of the State Legislature, they see a chance to push a maximalist agenda.What to Know About Donald Trump TodayCard 1 of 6Donald J. Trump is running for president again, being investigated by a special counsel again and he’s back on Twitter. Here’s what to know about some of the latest developments involving the former president:Documents investigation. More

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      Inside the Battle for Control of the Republican National Committee

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      Ronna McDaniel, the longtime chair of the committee, has become a vessel for discontent over the party’s losses in 2022.As anger and frustration ripple through the Republican Party over its underwhelming performance in this year’s midterm elections, Republicans are offering a number of explanations for their losses.Bad candidates. Weak fund-raising. The looming presence of Donald Trump. Election denial. The Democrats’ edge in the mechanics of running campaigns. Strategic and tactical errors by Republican leaders. Too much cultural red meat and not enough serious answers to the economic concerns of ordinary Americans.Some in the Trump wing of the party have settled on their own scapegoat: Ronna McDaniel, who has been the chair of the Republican National Committee since 2017. Coming after McDaniel reshaped the committee in the former president’s image — it was even paying his considerable legal bills until recently — this discontent is a striking turn of events.The committee’s 168 members from across the country will vote on McDaniel’s re-election in January. And the race has heated up over the last two weeks.She has already deterred one challenge from Representative Lee Zeldin, this year’s Republican nominee for governor of New York, who briefly explored a run — but pulled back days later after finding only a few dozen potential supporters within the committee.While McDaniel appears to have shored up her internal position, she is also contending with a hunger for change from outside the party’s formal structures. And the one person who might be able to secure her standing — Trump — has told aides that he is staying out of the race.Roughly two-thirds of committee members are already backing McDaniel, according to a letter circulated by her allies.The letter praises McDaniel’s investments in state parties, community centers and “election integrity units”; her decision to cut ties with the Committee on Presidential Debates, which hosts those much-anticipated events every four years; and her “ongoing investments in data, digital, and in a permanent ground game in key locations around the country.” McDaniel’s allies also credit her with raising $1.5 billion as party chair, including $325 million for the 2022 midterms, and for making gains in party registration in Arizona, Iowa, Nevada, North Carolina and Pennsylvania.The race for R.N.C. chair is just one window into the Republican Party’s post-midterm demolition derby — with governors and senators leading an increasingly vocal anti-Trump chorus — but a revealing one. It’s proving especially useful for those who would prefer to change the subject from Trump, whose third presidential run has landed in the party with a mixture of trepidation and condemnation.But it would be mistaken to see this as a proxy war over Trump, party insiders say. McDaniel’s supporters include longtime Trump backers like David Bossie, a Republican operative and committee member from Maryland — and she has declined to fault the former president in recent interviews. Her critics include members like Bill Palatucci of New Jersey, who has been one of Trump’s most vocal detractors.The Aftermath of the 2022 Midterm ElectionsCard 1 of 6A moment of reflection. More

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      This Case Should Never Have Made It to the Supreme Court

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      “The most important case for American democracy” in the nation’s history — that’s how the former appeals court judge J. Michael Luttig described Moore v. Harper, an extraordinary lawsuit that the Supreme Court considered in oral arguments Wednesday morning. Judge Luttig, a conservative and a widely respected legal thinker, is not one for overstatement. Yet most Americans aren’t paying attention to the case because it involves some confusing terminology and an arcane legal theory. It is essential that people understand just how dangerous this case is to the fundamental structure of American government, and that enough justices see the legal fallacies and protect our democracy.First, the back story on the case: In 2021, North Carolina lawmakers redrew their congressional maps. The state had 13 districts at the time, and its voters were more or less evenly divided between Democrats and Republicans. But the Republicans who are in control of North Carolina’s legislature didn’t want fair maps; they wanted power. In one of the most egregious gerrymanders in the nation, they drew 10 seats intended to favor themselves.The North Carolina courts were not amused. A panel of three trial judges found that the 2021 maps were “intentionally and carefully designed to maximize Republican advantage” — so much so that Republicans could win legislative majorities even when Democrats won more votes statewide. The State Supreme Court struck down the maps, finding they violated the North Carolina Constitution’s guarantees of free elections, free speech, free assembly and equal protection.That should have been the end of it: A state court applying the state Constitution to strike down a state law. But North Carolina’s Republican lawmakers appealed, arguing that the U.S. Constitution does not give state courts authority to rule on their congressional maps — even though the legislature had passed a law authorizing the courts to review redistricting plans like these. Instead, the lawmakers are relying on an untested theory that asserts that state legislatures enjoy nearly unlimited power to set and change rules for federal elections.In 2000 the chief justice at the time, William H. Rehnquist, proposed the idea in his concurring opinion on Bush v. Gore, and the independent state legislature theory has been floating around the fringes of right-wing legal circles ever since.To be clear, this is a political power grab in the guise of a legal theory. Republicans are trying to see if they can turn state legislatures — 30 of which are controlled by Republicans — into omnipotent, unaccountable election bosses with the help of the conservative supermajority on the Supreme Court. The theory has no basis in law, history or precedent. The idea that state lawmakers exist free of any constraints imposed by their constitution and state courts makes a mockery of the separation of powers, which is foundational to the American system of government. By the North Carolina lawmakers’ logic, they possess infinite power to gerrymander districts and otherwise control federal elections. It is a Constitution-free zone where no one else in the state — not the governor, not the courts, not the voters through ballot initiatives — has any say.On Wednesday morning, Justice Elena Kagan rejected the theory out of hand, saying it “gets rid of the normal checks and balances on the way big governmental decisions are made in this country. And you might think that it gets rid of all those checks and balances at exactly the time when they are needed most.”In practice, the theory that the petitioners in the case are seeking to use would turn hundreds of state constitutional provisions into dead letters in federal elections. For instance, 48 states affirmatively guarantee a right to vote in their constitutions. (The federal Constitution still does not.) Most state constitutions guarantee free, fair, equal or open elections. Even the secret ballot — so fundamental to American democracy — is a creature of state constitutions. If the justices accept the most aggressive version of the independent state legislature theory that the petitioners want them to and even if they accept a weaker version, provisions like these could become invalid overnight, because the theory holds that state constitutions have no authority to impose any regulations on federal elections. (The Constitution and federal law remain supreme, so challenges to state legislative actions could still be brought in federal courts.)Some of the justices insist that they don’t — they can’t — pay attention to the real-world outcomes of their rulings. They’re just interpreting law. By that logic, this case should be rejected on its merits.First, the theory is based on bad legal interpretation. The Constitution uses the word “legislature” in describing who has the power to regulate federal elections. Because of this word, the theory’s supporters claim, state legislatures have nearly unlimited power in that realm. But as Judge Luttig has noted, the theory has “literally no support” in the Constitution. To the contrary, the framers who wrote the Constitution were concerned that state legislatures had too much power, not too little. The text they wrote makes many references to the powers of those legislatures and of Congress, but it never says or implies that they are immune to review by the judicial branch.Second, the theory is based on bad history. The best evidence its supporters offer is a two-century-old document that has long been known to be fraudulent. Written in 1818 by Charles Pinckney of South Carolina, a founding father, it is purported to be a replica of the plan for government that he introduced three decades earlier at the Constitutional Convention. But what he submitted in 1818 was not the real deal. James Madison suspected this immediately, as have virtually all historians to examine it in the years since.When the theory’s supporters sought to claim that the practices of early state legislatures proved that their side should win, Justice Sonia Sotomayor responded, “Yes. If you rewrite history, it’s very easy to do.”Third, if the Supreme Court accepts this theory, it will create a logistical nightmare in states across the country. That’s because the theory applies only to federal elections, not state elections, in which state courts unquestionably have a role to play. As a result, there would be two sets of rules operating at the same time, one for federal elections and one for state elections. Chaos and confusion would reign.Most important, the Supreme Court has already implicitly rejected the theory many times over. In precedents stretching back decades, the court has made clear that state courts have the power to set limits on what lawmakers can do when it comes to federal elections. As recently as 2019, the court rejected a plea for it to stop the extreme partisan gerrymandering in North Carolina and other states. In doing so, Chief Justice John Roberts explained that this is exactly the role that state courts should play. “Provisions in state statutes and state constitutions can provide standards and guidance for state courts to apply,” he wrote.At Wednesday’s argument, Justice Samuel Alito appeared to reject that premise. He accused elected state court judges, like those in North Carolina, of being political actors themselves. “There’s been a lot of talk about the impact of this decision on democracy,” said Justice Alito, who has given openly partisan speeches to outside groups and voted consistently in alignment with Republican policy priorities. “Do you think that it furthers democracy to transfer the political controversy about districting from the legislature to elected supreme courts where the candidates are permitted by state law to campaign on the issue of districting?”Another way to appreciate the absurdity of the theory is to consider who has come out for and against it. On one side, a large and bipartisan group of judges, government officials, former lawmakers, leading historians and constitutional scholars from across the political spectrum have rejected it. These include a co-founder of the right-wing legal group the Federalist Society, the chief justices of all 50 states, multiple Republican former governors and secretaries of state and civil rights organizations.On the other side, you will find a far smaller and less bipartisan cast of characters — among them, the Republican National Committee, a group of Republican state attorneys general and John Eastman, a former law professor last seen helping Donald Trump plan an illegal and unconstitutional coup to stay in office (an act that has exposed Mr. Eastman to a real risk of criminal prosecution).That so many justices would take the theory seriously is bad enough. Three of them — Justices Alito, Neil Gorsuch and Clarence Thomas — appear to favor the independent state legislature theory, as they suggested in an opinion in an earlier stage of the case. Justice Brett Kavanaugh has also indicated his openness to it. It’s worse when the public trust in and approval of the court have fallen to historic lows, thanks largely to aggressively partisan recent opinions, as this board has argued.There’s an old saying that only close cases make it to the Supreme Court. If they weren’t close, they would have been resolved in the lower courts. But Moore v. Harper isn’t a remotely close case. A ruling for the North Carolina lawmakers would flood the federal courts with election litigation that normally plays out in the states, upending the balance of federalism that defines American government. That’s not a conservative result; it’s a dangerously radical one.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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      Is the Supreme Court About to Upend American Election Laws?

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      Here’s what to know about a court case that could change the way Americans vote — and who decides how they do.For months, my inbox has been bombarded by anxious Democrats and election experts wanting to talk about a once-obscure legal theory that could fundamentally alter the way Americans vote.Known as the independent state legislature doctrine, it holds, in its purest form, that state constitutions have little to no ability to constrain state legislatures. The doctrine emerged from a novel interpretation of the U.S. Constitution’s Elections Clause, which grants states the authority to set the “time, places and manner” of federal elections.At the core of the dispute is whether the framers intended the word “legislature” in the document to be understood strictly, or whether they meant that other institutions — like state courts, governors and secretaries of state — also had important roles to play in setting and interpreting the rules around elections and voting.A fringe version of the doctrine entered the public discussion last year when it emerged that one of Donald Trump’s lawyers, John Eastman, had written a memo arguing that it even allowed state lawmakers to send their own slate of presidential electors to Washington.The Supreme Court has traditionally been gun-shy about encroaching on state courts, especially when they are interpreting their own constitutions.But a more mainstream conservative position, embraced by the Republican Party and rejected by Democrats, started gaining support on the right amid legal battles over the accommodations some states made for voters during the pandemic, like the expansion of mail voting.If adopted, the doctrine would, among other things, bar state courts from ensuring that state laws comply with a requirement, common in many state constitutions, that elections be “free and fair” — with potentially vast implications for rules on redistricting, citizen-led commissions and voting. Understand the U.S. Supreme Court’s New TermCard 1 of 6A race to the right. More

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      Before He Takes On ‘Woke Capitalism,’ Ron DeSantis Should Read His Karl Marx

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      With their new majority, House Republicans are planning to take on “woke capitalism.”“Republicans and their longtime corporate allies are going through a messy breakup as companies’ equality and climate goals run headlong into a G.O.P. movement exploiting social and cultural issues to fire up conservatives,” Bloomberg reports. “Most directly in the G.O.P. cross hairs is the U.S. Chamber of Commerce, which is under pressure from the likely House Speaker Kevin McCarthy to replace its leadership after the nation’s biggest business lobby backed some Democratic candidates.”I wrote last year about this notion of “woke capitalism” and the degree to which I think this “conflict” is little more than a performance meant to sell an illusion of serious disagreement between owners of capital and the Republican Party. As I wrote then, “the entire Republican Party is united in support of an anti-labor politics that puts ordinary workers at the mercy of capital.” Republicans don’t have a problem with corporate speech or corporate prerogatives as a matter of principle; they have a problem with them as a matter of narrow partisan politics.That the governor of Florida, Ron DeSantis, railed this week against the “raw exercise of monopolistic power” by Apple, for example, has much more to do with the cultural politics of Twitter and its new owner, Elon Musk, than any real interest in the power of government to regulate markets and curb abuse. (In fact, DeSantis argued in his book, “Dreams From Our Founding Fathers,” that the Constitution was designed to “prevent the redistribution of wealth through the political process” and stop any popular effort to “undermine the rights of property.”)Nonetheless, there is something of substance behind this facade of conflict. It is true that the largest players in the corporate world, compelled to seek profit by the competitive pressures of the market, have mostly ceased catering to the particular tastes and preferences of the more conservative and reactionary parts of the American public. To borrow from and paraphrase the basketball legend Michael Jordan: Queer families buy shoes, too.Republicans have discovered, to their apparent chagrin, that their total devotion to the interests of concentrated, corporate capital does not buy them support for a cultural agenda that sometimes cuts against those very same interests.Here it’s worth noting, as the sociologist Melinda Cooper has argued, that what we’re seeing in this cultural dispute is something of a conflict between two different segments of capital. What’s at stake in the “growing militancy” of the right wing of the Republican Party, Cooper writes, “is less an alliance of the small against the big than it is an insurrection of one form of capitalism against another: the private, unincorporated, and family-based versus the corporate, publicly traded, and shareholder-owned.” It is the patriarchal and dynastic capitalism of Donald Trump against the more impersonal and managerial capitalism of, for example, Mitt Romney.To the extent that cultural reactionaries within the Republican Party have been caught unaware by the friction between their interests and those of the more powerful part of the capitalist class, they would do well to take a lesson from one of the boogeymen of conservative rhetoric and ideology: Karl Marx.Throughout his work, Marx emphasized the revolutionary character of capitalism in its relation to existing social arrangements. It annihilates the “old social organization” that fetters and keeps down “the new forces and new passions” that spring up in the “bosom of society.” It decomposes the old society from “top to bottom.” It “drives beyond national barriers and prejudices” as well as “all traditional, confined, complacent, encrusted satisfactions of present needs, and reproduction of old ways of life.”Or, as Marx observed in one of his most famous passages, the “bourgeois epoch” is distinguished by the “uninterrupted disturbance of all social conditions.” Under capitalism, “All that is solid melts into air, all that is holy is profaned, and man is at least compelled to face with sober senses his real conditions of life, and his relations with his kind.”In context, Marx is writing about precapitalist social and economic arrangements, like feudalism. But I think you can understand this dynamic as a general tendency under capitalism as well. The interests and demands of capital are sometimes in sync with traditional hierarchies. There are even two competing impulses within the larger system: a drive to dissolve and erode the barriers between wage earners until they form a single, undifferentiated mass and a drive to preserve and reinforce those same barriers to divide workers and stymie the development of class consciousness on their part.But that’s a subject for another day and a different column.For now, I’ll simply say that the problem of “woke capitalism” for social and political conservatives is the problem of capitalism for anyone who hopes to preserve anything in the face of the ceaseless drive of capital to dominate the entire society.You could restrain the power of capital by strengthening the power of labor to act for itself, in its own interests. But as conservatives are well aware, the prerogatives of workers can also undermine received hierarchies and traditional social arrangements. The working class, after all, is not just one thing, and what it seeks to preserve — its autonomy, its independence, its own ways of living — does not often jibe with the interests of reactionaries.Conservatives, if their policy priorities are any indication, want to both unleash the free market and reserve a space for hierarchy and domination. But this will not happen on its own. The state must be brought to bear, not to restrain capital per se but to make it as subordinate as possible to the political right’s preferred social agenda. Play within those restraints, goes the bargain, and you can do whatever you want. Put differently, the right doesn’t have a problem with capitalism; it has a problem with who appears to be in charge of it.There is even a clear strategy at work. If you can stamp out alternative ways of being, if you can weaken labor to the point of desperation, then perhaps you can force people back into traditional families and traditional households. But no matter how hard you try, you cannot stop the dynamic movement of society. It will churn and churn and churn, until eventually the dam breaks.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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      in Elections

      Mike Pence Plays to the G.O.P. Base From a Times Stage

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      Mr. Pence, while promoting his new book at the DealBook Summit, frowned upon the idea of the Justice Department’s taking action against his former boss.Former Vice President Mike Pence said that he hoped Elon Musk would “create a level playing field” on Twitter that doesn’t censor users.Hiroko Masuike/The New York TimesNEW YORK — Former Vice President Mike Pence leaned into Republican talking points on Wednesday about Elon Musk and Disney while walking a familiar fine line on his former boss, delivering a message seemingly geared toward conservatives who will decide whether he is a viable presidential contender in 2024.Appearing at The Times’s DealBook Summit in New York, Mr. Pence was repeatedly pressed by Andrew Ross Sorkin, the founder of DealBook, to talk about the Jan. 6, 2021, attack on the U.S. Capitol and the character of former President Donald J. Trump. He demurred.Even as he repeated his belief that Mr. Trump is not an antisemite, he again condemned Mr. Trump for hosting Nick Fuentes, an outspoken antisemite and racist, at a recent dinner.“President Trump was wrong to give a white nationalist, a Holocaust denier, a seat at the table,” Mr. Pence said.He defended the role he had played on Jan. 6, when Mr. Trump’s supporters called for his hanging after he had refused to overturn the election of Joseph R. Biden Jr. as president.And he said that he had never seen “evidence of widespread fraud that would change the outcome” of the 2020 presidential election.When asked whether Mr. Trump should face an indictment by the Justice Department, he frowned on the scenario.“I’m not sure that taking bad advice from lawyers is a violation of criminal law,” he said. “We see too many cases in third world countries where the incoming administration prosecutes a prior administration. That is not an image I want to resonate for the United States.”He also doubled down on comments he made earlier in the day during a Fox News appearance about Mr. Musk, saying he had faith in Mr. Musk’s overhaul of Twitter and its content guidelines, which had led the company under its previous ownership to banish Mr. Trump after the Jan. 6 attack.Mr. Pence, who is weighing a run for president, took a swipe at Disney during his remarks as well. He sought to correlate its stock losses and a recent executive shake-up with the company’s criticism of Florida’s “Don’t Say Gay” bill. The measure prohibits classroom instruction about sexual orientation and gender identity in some elementary school grades.“I think Bob Iger’s recent statements, coming into lead Disney again, prove that the antidote to woke America is America,” he said, referring to Mr. Iger’s return as Disney’s chief executive.He also mentioned his new book, “So Help Me God,” no fewer than seven times — enough to make it a punchline.“As you can tell, if I haven’t mentioned, I have a book,” Mr. Pence joked.“We got that,” Mr. Sorkin said. “We are good.”Mr. Pence underlined, as he often had before, that he was proud of the work done by the Trump administration. But, he noted, “It obviously didn’t end well.” More