More stories

  • in

    When It Comes to Disdain for Democracy, Trump Has Company

    It makes perfect sense to treat Donald Trump as the most immediate threat to the future of American democracy. He has an ambitious plan to turn the office of the presidency into an instrument of “revenge” against his political enemies and other supposedly undesirable groups.But while we keep our eyes on Trump and his allies and enablers, it is also important not to lose sight of the fact that anti-democratic attitudes run deep within the Republican Party. In particular, there appears to be a view among many Republicans that the only vote worth respecting is a vote for the party and its interests. A vote against them is a vote that doesn’t count.This is not a new phenomenon. We saw a version of it on at least two occasions in 2018. In Florida, a nearly two-thirds majority of voters backed a state constitutional amendment to effectively end felon disenfranchisement. The voters of Florida were as clear as voters could possibly be: If you’ve served your time, you deserve your ballot.Rather than heed the voice of the people, Florida Republicans immediately set out to render it moot. They passed, and Gov. Ron DeSantis signed, a bill that more or less nullified the amendment by imposing an almost impossible set of requirements for former felons to meet. Specifically, eligible voters had to pay any outstanding fees or fines that were on the books before their rights could be restored. Except there was no central record of those fees or fines, and the state did not have to tell former felons what they owed, if anything. You could try to vote, but you risked arrest, conviction and even jail time.In Wisconsin, that same year, voters put Tony Evers, a Democrat, into the governor’s mansion, breaking eight years of Republican control. The Republican-led Legislature did not have the power to overturn the election results, but the impenetrable, ultra-gerrymandered majority could use its authority to strip as much power from the governor as possible, blocking, among other things, his ability to withdraw from a state lawsuit against the Affordable Care Act — one of the things he campaigned on. Wisconsin voters would have their new governor, but he’d be as weak as Republicans could possibly make him.It almost goes without saying that we should include the former president’s effort to overturn the results of the 2020 presidential election as another example of the willingness of the Republican Party to reject any electoral outcome that doesn’t fall in its favor. And although we’ve only had a few elections this year, it doesn’t take much effort to find more of the same.I’ve already written about the attempt among Wisconsin Republicans to nullify the results of a heated race for a seat on the state Supreme Court. Voters overwhelmingly backed the more liberal candidate for the seat, Janet Protasiewicz, giving the court the votes needed to overturn the gerrymander that keeps Wisconsin Republicans in power in the Legislature even after they lose a majority of votes statewide.In response, Wisconsin Republicans floated an effort to impeach the new justice on a trumped-up charge of bias. The party eventually backed down in the face of national outrage — and the danger that any attempt to remove Protasiewicz might backfire electorally in the future. But the party’s reflexive move to attempt to cancel the will of the electorate says everything you need to know about the relationship of the Wisconsin Republican Party to democracy.Ohio Republicans seem to share the same attitude toward voters who choose not to back Republican priorities. As in Wisconsin, the Ohio Legislature is so gerrymandered in favor of the Republican Party that it would take a once-in-a-century supermajority of Democratic votes to dislodge it from power. Most lawmakers in the state have nothing to fear from voters who might disagree with their actions.It was in part because of this gerrymander that abortion rights proponents in the state focused their efforts on a ballot initiative. The Ohio Legislature may have been dead set on ending abortion access in the state — in 2019, the Republican majority passed a so-called heartbeat bill banning abortion after six weeks — but Ohio voters were not.Aware that most of the voters in their state supported abortion rights, and unwilling to try to persuade them that an abortion ban was the best policy for the state, Ohio Republicans first tried to rig the game. In August, the Legislature asked voters to weigh in on a new supermajority requirement for ballot initiatives to amend the State Constitution. If approved, this requirement would have stopped the abortion rights amendment in its tracks.It failed. And last week, Ohioans voted overwhelmingly to write reproductive rights into their State Constitution, repudiating their gerrymandered, anti-choice Legislature. Or so they thought.Not one full day after the vote, four Republican state representatives announced that they intended to do everything in their power to nullify the amendment and give lawmakers total discretion to ban abortion as they see fit. “This initiative failed to mention a single, specific law,” their statement reads. “We will do everything in our power to prevent our laws from being removed upon perception of intent. We were elected to protect the most vulnerable in our state, and we will continue that work.”Notice the language: “our power” and “our laws.” There is no awareness here that the people of Ohio are sovereign and that their vote to amend the State Constitution holds greater authority than the judgment of a small group of legislators. This group may not like the fact that Ohioans have declared the Republican abortion ban null and void, but that is democracy. If these lawmakers want to advance their efforts to restrict abortion, they first need to persuade the people.To many Republicans, unfortunately, persuasion is anathema. There is no use making an argument since you might lose. Instead, the game is to create a system in which, heads or tails, you always win.That’s why Republican legislatures across the country have embraced partisan gerrymanders so powerful that they undermine the claim to democratic government in the states in question. That’s why Republicans in places like North Carolina have adopted novel and dubious legal arguments about state power, the upshot of which is that they concentrate power in the hands of these gerrymandered state legislatures, giving them total authority over elections and electoral outcomes. And that’s why, months before voting begins in the Republican presidential contest, much of the party has already embraced a presidential candidate who promises to prosecute and persecute his political opponents.One of the basic ideas of democracy is that nothing is final. Defeats can become victories and victories can become defeats. Governments change, laws change, and, most important, the people change. No majority is the majority, and there’s always the chance that new configurations of groups and interests will produce new outcomes.For this to work, however, we — as citizens — have to believe it can work. Cultivating this faith is no easy task. We have to have confidence in our ability to talk to one another, to work with one another, to persuade one another. We have to see one another, in some sense, as equals, each of us entitled to our place in this society.It seems to me that too many Republicans have lost that faith.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

  • in

    Sánchez’s Deal With Catalonia Separatists Creates Turmoil in Spain

    Prime Minister Pedro Sánchez’s agreement with Catalan separatists will likely keep him in power, but it has provoked an upheaval.Prime Minister Pedro Sánchez of Spain sealed a deal to extend amnesty to Catalan separatists on Thursday in exchange for their political support, likely allowing him to stay in power but causing turmoil throughout Spain, doubts in Europe and questions about the country’s stability.Mr. Sánchez, 51, who is currently acting as a caretaker prime minister after inconclusive snap elections he called in July, backed the amnesties related to an illegal referendum that shook Spain in 2017 to receive the critical support of the Junts party, which supports independence from Spain for the northern region of Catalonia.With their support, Mr. Sánchez will likely avoid new elections, win parliamentary backing for another stint as prime minister and solidify his place in the European Union as its standard-bearer for progressive politics.But the proposed amnesties, something Mr. Sánchez had previously said he would never do, triggered an uproar..Prime Minister Pedro Sánchez of Spain speaking with the media last month.Virginia Mayo/Associated PressEarlier in the day, Mr. Sánchez’s allies, eager to avoid the appearance that the deal had been struck out of pure political calculation, sought to frame the proposal as instrumental in putting a tense and violent period of Spanish history behind the country.It was “a historic opportunity to resolve a conflict that could — and should — only be resolved politically,” Santos Cerdán, a top negotiator with the Socialist Party, who had performed shuttle diplomacy between Madrid and separatist exiles in Brussels, said after the deal was announced. “Our aim is to open the way for a legislature that will allow us to progress and to build an open and modern society and a better country.”The deal potentially marks a remarkable reversal of political fortune for Mr. Sánchez, who has made a career out of bold, long-shot bets, but who seemed on the brink of a political abyss after his party received a drubbing in local and regional elections in May.But the Junts party is not a reliable partner, and has already made clear it will continue to seek to extract concessions in exchange for its support in close votes in Parliament.The deal, and the violence, come after thousands of protesters angrily surrounded the Socialist Party headquarters in Madrid in past days and called on Mr. Sánchez not to make a deal with the separatists, whom many conservatives consider an existential threat to Spanish nationhood.Protesters holding independence flags in September during a demonstration to celebrate the Catalan National Day in Barcelona.Emilio Morenatti/Associated PressThe mainstream conservative Popular Party, which had been expected to win elections over the summer but fell short of enough votes to form a government, has called for major demonstrations throughout Spain’s major cities on Sunday.It is about “privileging a minority to the detriment of a majority, and ending the equality between Spaniards that is enshrined in the Constitution,” said Alberto Núñez Feijóo, the Popular Party leader, who said that Mr. Sánchez had clearly aligned himself with enemies of the state. “The humiliation to which Sánchez is subjecting our country is complete.”In Brussels, the European commissioner for justice, Didier Reynders, sent a letter to Spain’s justice and presidency ministers about the “serious concerns” raised by the amnesty proposal.In regional and local elections in May, Mr. Sánchez’s party took such a shellacking that he pulled the plug on his government, opting to try his chances with an early national election instead. He was expected to lose.But while Mr. Sánchez did not come out on top in the July election, he and his progressive allies won enough support to stun the favored conservative and hard-right parties, depriving them of the necessary parliamentary support to form a government.Mr. Sánchez, who has served as the prime minister since 2018, a position he won in a daring confidence vote, instead had a narrow path to building a government, but it ran right through the issue of Catalan independence, among the most prickly and fraught in Spanish politics.In 2017, leaders of the Catalan separatist movement provoked Spain’s greatest constitutional crisis in decades when they staged an independence referendum that Madrid called illegal.Carles Puigdemont, Catalonia’s exiled former leader, at a news conference in Brussels. Mr. Puigdemont has been in exile in Belgium.John Thys/Agence France-Presse — Getty ImagesAfter enormous demonstrations in Barcelona and a tense national climate, the heads of the movement balked. Their leader, who was president of Catalonia at the time, Carles Puigdemont, fled the country and has remained in self-imposed exile in Belgium since. His allies have faced convictions.But on Thursday, Mr. Sánchez won the support of seven lawmakers from the Junts party that Mr. Puigdemont essentially leads, in exchange for the Socialist Party proposing a new law granting amnesty to him and everyone else in the failed independence referendum. The new law could affect many separatists who have been convicted or are currently facing trial for pro-independence activities.The specifics of the agreement have not yet been made public, and it is expected to be proposed in the Spanish Parliament next week. The deal was not a given, and required more than two months of negotiations between Sánchez’s Socialist party, his own, more progressive allies, and the Catalan and Basque independence movements that, despite a lackluster showing in July’s election, retained enough leverage to force a deal.Mr. Puigedemont said on Thursday at a news conference in Brussels that he would still support the cause of independence, and he celebrated the deal, saying that it took the issue out of the judiciary and brought it back in the public sphere where it belonged.“It is a way to return to politics,” he said, “what is politics.”Rachel Chaundler More

  • in

    Election Day Guide: Governor Races, Abortion Access and More

    Two governorships are at stake in the South, while Ohio voters will decide whether to enshrine the right to an abortion in the state constitution.Election Day is nearly here, and while off-year political races receive a fraction of the attention compared with presidential elections, some of Tuesday’s contests will be intensely watched.At stake are two southern governorships, control of the Virginia General Assembly and abortion access in Ohio. National Democrats and Republicans, seeking to build momentum moving toward next November, will be eyeing those results for signals about 2024.Here are the major contests voters will decide on Tuesday and a key ballot question:Governor of KentuckyGov. Andy Beshear, left, a Democrat, is facing Daniel Cameron, Kentucky’s Republican attorney general, in his campaign for re-election as governor.Pool photo by Kentucky Educational TelevisionGov. Andy Beshear, a Democrat, is seeking to again defy convention in deep-red Kentucky, a state carried handily by Donald J. Trump in 2020.He is facing Daniel Cameron, Kentucky’s attorney general, who was propelled to victory by an early endorsement from Mr. Trump in a competitive Republican primary in May.In 2019, Mr. Cameron became the first Black person to be elected as Kentucky’s attorney general, an office previously held by Mr. Beshear. He drew attention in 2020 when he announced that a grand jury did not indict two Louisville officers who shot Breonna Taylor.In the 2019 governor’s race, Mr. Beshear ousted Matt Bevin, a Trump-backed Republican, by fewer than 6,000 votes. This year, he enters the race with a strong job approval rating. He is seeking to replicate a political feat of his father, Steve Beshear, who was also Kentucky governor and was elected to two terms.Governor of Mississippi Brandon Presley, a public service commissioner who is related to Elvis Presley, wants to be the state’s first Democratic governor in two decades.Emily Kask for The New York TimesGov. Tate Reeves, a Republican in his first term, has some of the lowest job approval numbers of the nation’s governors.Rogelio V. Solis/Associated PressIt has been two decades since Mississippi had a Democrat as governor. Gov. Tate Reeves, a Republican in his first term, is seeking to avoid becoming the one who ends that streak.But his job approval numbers are among the lowest of the nation’s governors, which has emboldened his Democratic challenger, Brandon Presley, a public service commissioner with a famous last name: His second cousin, once removed, was Elvis Presley.Mr. Presley has attacked Mr. Reeves over a welfare scandal exposed last year by Mississippi Today, which found that millions in federal funds were misspent. Mr. Reeves, who was the lieutenant governor during the years the scandal unfolded, has denied any wrongdoing, but the issue has been a focal point of the contest.Abortion access in OhioAs states continue to reckon with the overturning of Roe v. Wade by the Supreme Court last year, Ohio has become the latest front in the fight over access to abortion.Reproductive rights advocates succeeded in placing a proposed amendment on the November ballot that would enshrine the right to abortion access into the state constitution. Its supporters have sought to fill the void that was created by the Roe decision.Anti-abortion groups have mounted a sweeping campaign to stop the measure. One effort, a proposal to raise the threshold required for passing a constitutional amendment, was rejected by voters this summer.Virginia legislatureIn just two states won by President Biden in 2020, Republicans have a power monopoly — and in Virginia, they are aiming to secure a third. The others are Georgia and New Hampshire.Democrats narrowly control the Virginia Senate, where all 40 seats are up for grabs in the election. Republicans hold a slim majority in the House of Delegates, which is also being contested.The outcome of the election is being viewed as a potential reflection of the clout of Gov. Glenn Youngkin, a Republican with national ambitions.Philadelphia mayorAn open-seat race for mayor in Philadelphia, Pennsylvania’s foremost Democratic bastion, is down to two former City Council members: Cherelle Parker, a Democrat, and David Oh, a Republican.The advantage for Ms. Parker appears to be an overwhelming one in the city, which has not elected a Republican as mayor since 1947.It has also been two decades since Philadelphia, the nation’s sixth most populous city, had a somewhat competitive mayoral race. More

  • in

    Thailand’s Old Guard Keeps Its Grip After Voters Seek Change

    The country went months without naming a new prime minister, only for Parliament to elect Srettha Thavisin, a candidate who many frustrated voters say represents the establishment.The election was supposed to be about change. Three months ago, Thai voters propelled the progressive Move Forward Party to a surprise victory. “A new day for the people has arrived,” said Pita Limjaroenrat, the party leader, as he paraded through the streets of Bangkok.On Tuesday, Thailand named a new prime minister, but it was not Mr. Pita. A coalition government was formed in Parliament, made up almost entirely of parties linked to the generals who led the last military coup. Move Forward is in the opposition.Now, many Thais are asking why the future they had voted for is looking so much like the past.“If you go around and talk to middle-class Thais at the moment, they’re saying, ‘What the hell did we have this election for, if this is the result that we get?’” said Christopher Baker, a historian of Thailand.Thailand, Mr. Baker said, is giving up a chance to “reverse the fact that it’s been going backward, in almost every sense, for the last 15 years.”Supporters of the Move Forward Party during a protest in Bangkok last month. No political party had ever been so explicit about changing the status quo in Thailand.Sakchai Lalit/Associated PressAs the second-largest economy in Southeast Asia and an ally of the United States, Thailand was once a powerful player in the region. More recently it has suffered from prolonged economic stagnation brought about by nine years of military rule under Prime Minister Prayuth Chan-ocha, the general who seized power in a coup in 2014. Mr. Prayuth has steered Thailand away from democracy and toward authoritarian rule — he cracked down on pro-democracy protests and oversaw the rewriting of a Constitution that gave the military more power.His term fueled rising public anger and frustration, culminating in mass protests in 2020. For the first time, disaffected young Thais questioned publicly the relevance of the country’s powerful monarchy, a topic previously considered taboo. They asked why Thailand needed a royal defamation law, one of the world’s strictest, that carries a maximum sentence of up to 15 years in prison.Move Forward capitalized on this anti-royalist, anti-military sentiment, which became the bedrock of the party’s progressive platform. It announced more than 300 policy proposals, including shrinking the military budget and breaking up big business. No political party had ever been so explicit about changing the status quo.“No one would have thought that the party whose policy is to reform the monarchy and the military could win” the election, said Aim Sinpeng, a senior lecturer in politics at the University of Sydney, in Australia. “I don’t think you can take that significance away, ever. It’s completely changed Thailand.”A portrait of Thailand’s king, in Bangkok. Young Thais have questioned publicly the relevance of the powerful monarchy, a topic previously considered taboo.Adam Dean for The New York TimesMove Forward’s election victory jolted the political elite, which quickly set the wheels in motion to block the party’s ascent. In the days after the election, the complaints against Mr. Pita piled up. The Constitutional Court suspended him from Parliament, pending a review of a case involving his shares in a now-defunct media company. The military-appointed Senate blocked him from becoming the prime minister during an initial vote. After that, the Constitutional Court said he could not be renominated for the position.When it became clear that the establishment was not going to allow Move Forward to form a government, Pheu Thai, the populist party founded by the former prime minister Thaksin Shinawatra, stepped in.Pheu Thai had been Move Forward’s partner in the initial coalition. It said it had to part ways with Move Forward and attempt to form its own coalition after it became clear that other conservative parties were not willing to work with Move Forward.Pheu Thai does not share Move Forward’s liberal agenda, though it has promoted itself as a pro-democracy party. Mr. Thaksin had battled the conservative establishment for decades. But as a billionaire businessman, he is essentially a member of the old guard. Since 2001, the political parties he founded have consistently won the most votes in every election — except for this year.For 15 years, Mr. Thaksin had lived in self-imposed exile to avoid a lengthy jail term on corruption and abuse of power charges, with one goal: to return home to Thailand.Democracy demonstrations in Bangkok in 2020.Adam Dean for The New York TimesOn Tuesday, he did that, just hours before Pheu Thai’s candidate, Srettha Thavisin, secured enough votes in Parliament to become the next prime minister.For many in Thailand, Mr. Thaksin’s timing only confirmed their suspicions that a quid pro quo arrangement had been made between Pheu Thai and the conservative establishment to have his prison sentence reduced in exchange for keeping the military and royalists in power.“Srettha was a product of this deal with the Thai establishment,” said Ruchapong Chamjirachaikul, a politics specialist at iLaw, a civil society organization. “The people don’t feel excited about having Srettha as prime minister.”To obtain enough support for Mr. Srettha, Pheu Thai relied on the military’s support, despite vowing repeatedly in the past to remove the generals from politics. Mr. Srettha, a real estate tycoon, says the party had no choice because of “basic math”: to secure the premiership, he needed 374 votes from both houses of Parliament, including the military-appointed Senate.“It’s not deceiving the people, but I have to say it bluntly that we have to accept reality,” Mr. Srettha, 61, said in a speech to Pheu Thai party members on Monday.Move Forward lawmakers voted against Mr. Srettha; they had announced earlier this month that they would do so because Pheu Thai was essentially extending military rule in Thailand. “There will never be a day that this crossbred government can make a difference in society,” Mr. Pita, 42, wrote on Facebook after Mr. Srettha was voted in on Tuesday.The question now is whether Mr. Srettha has the support to hold together an 11-party coalition government that is united in its determination to stop Move Forward but in agreement on little else. Analysts warn that such an unwieldy coalition could lead to more instability.Pheu Thai’s candidate, Srettha Thavisin, had to rely on the military’s support to secure enough votes to become prime minister.Lauren Decicca/Getty Images“It’s very much a government that’s held together by a common enemy, but that doesn’t make them automatically friends,” said Ken Mathis Lohatepanont, an independent political analyst who writes about Thai politics.Thailand’s neighbors and partners are watching developments with apprehension, fearing that political instability in one of the world’s most popular tourist destinations could derail economic cooperation.History warns that this is possible: For the past 70 years, Thai politics have been defined by a cycle of protests and coups — the country has had 13 successful coups in its modern history, and several more attempted ones. Except for Mr. Thaksin’s first term from 2001-2005 and Mr. Prayuth’s term, no government in Thailand has lasted its full term in the past two decades.Countries like the United States, which was quick to condemn Cambodia for a recent election that was deemed not to be free or fair, have been largely silent on the protracted election process in Thailand.Sunai Phasuk, a senior researcher on Thailand for Human Rights Watch, said the rights organization had been pressing the United States, the European Union and Australia to take a stronger stance but has been told these governments prefer a “wait and see” approach.Mr. Sunai added that the United States was probably being cautious about alienating Thailand to avoid driving it closer to China.Last month, the State Department said that it was “closely watching” developments in Thailand and that it was concerned about the recent legal cases against Mr. Pita, a graduate of Harvard and the Massachusetts Institute of Technology, and Move Forward.One complaint before the Constitutional Court centers on the party’s effort to amend the royal defamation law, calling it tantamount to “attempting to overthrow the democratic system with His Majesty the King as the Head of State.”A ruling against the party could lead to its dissolution.The Election Commission is also investigating Mr. Pita to see if he was aware that he could not run for office because he owned shares in a now-defunct media company. If found guilty, he could be imprisoned for up to 10 years.Muktita Suhartono More

  • in

    Utah Supreme Court to Hear Arguments Over G.O.P. Map Splitting Salt Lake County

    The Utah Supreme Court will hear arguments over whether a congressional map drawn to dilute Democratic votes is subject to judicial review, or a political issue beyond its reach.The 550,000 voters in Salt Lake County, Utah’s most populous, handed Joseph R. Biden Jr. an 11-percentage point victory over Donald Trump in the 2020 contest for president. A year later, in November 2021, the state’s Republican-controlled legislature drew a new political map that carved up the county, putting pieces of it in each of the state’s four congressional districts — and ensuring that Republican voters would outnumber Democrats in all of them.On Tuesday, the Utah Supreme Court will consider whether to wade into the increasingly pitched nationwide battle over partisan gerrymanders. The justices will decide whether the state’s courts can hear a lawsuit challenging the House map, or whether partisan maps are a political issue beyond their jurisdiction.The U.S. Supreme Court considered the same question in 2019 and decided that the maps were beyond its purview. But voting rights advocates say Utah’s Constitution offers a stronger case than the federal one for reining in political maps.“There’s a very clear provision in the State Constitution that says all power is inherent in the people, and that they have the right to alter and reform their government,” said Mark Gaber, a lawyer with the Campaign Legal Center, a Washington-based advocacy group representing the plaintiffs. He said other relevant provisions in the State Constitution, but absent from the federal Constitution, include guarantees of free elections and the right to vote.State Senator Scott D. Sandall, Republican co-chair of the State Legislature redistricting committee that drew the House map, did not respond to requests for comment for this article.In court filings, legislators said that the State Constitution gave them exclusive authority to draw political maps, and that the plaintiffs were trying to impose “illusory standards of political equality” on the mapmaking process.Though Utah is a conservative state, no one argues that four Republican-dominated districts are inevitable. “If you just draw a very compact circle around the middle of Salt Lake County, you’re going to get a Democratic district,” Mr. Gaber said.Rather, the central issue in the case is whether Republican legislators had a constitutional right to maintain their party’s monopoly on the four seats through a map that was beyond the purview of judges to review.The Utah case could have national implications — not merely for the political balance in the closely divided U.S. House of Representatives but also for the emerging body of legal precedents that influence how courts rule in other states.With the Supreme Court removing the federal courts from deciding partisan gerrymander cases, state courts are becoming a crucial battleground for opponents of skewed maps. Joshua A. Douglas, an expert on state constitution protections for voting at the University of Kentucky, said the growing body of legal precedents in state gerrymandering cases was important because many state constitutions share similar protections for elections and voters, often derived from one another.Courts in Pennsylvania, Maryland, Alaska, New York and, last week, New Mexico have ruled that partisan gerrymanders can be unconstitutional. So have courts in Ohio and North Carolina. However, the Ohio court proved unable to force the Legislature to comply with its rulings, and the North Carolina decision was overturned in April after elections shifted the court’s partisan balance from Democratic to Republican.The Kentucky Supreme Court will hear a challenge to that state’s congressional and legislative maps in September. And a lawsuit contesting an extreme Republican gerrymander of the Wisconsin Legislature is widely expected after an April election gave progressives a majority on the state’s high court.Perhaps the closest analogy to the Utah gerrymander is in Nashville, where the Republican-run state legislature’s latest congressional map divided the city’s onetime Democratic-majority House district among three heavily Republican districts. Democrats have not challenged the map in state courts, presumably because they see little prospect of winning in a Supreme Court dominated by Republican appointees.In Utah’s case, however, the State Supreme Court’s five justices do not have reputations for bending easily to political winds. They are chosen through a merit-based selection process.The Utah plaintiffs — the state chapter of the League of Women Voters; the advocacy group Mormon Women for Ethical Government and a handful of Utah voters — accuse the State Legislature not just of illegally gerrymandering the state’s congressional map but of ignoring voters’ explicit instructions not to do so.The State Constitution allows voters to enact new laws, and to repeal ones that the Legislature enacted, through ballot initiatives. In 2018, voters narrowly approved a law outlawing maps that were unduly skewed to favor a candidate or party, and allowing voters to enforce that mandate through lawsuits. The Legislature later repealed that law and then drew the congressional map that quartered Salt Lake County. Plaintiffs in the suit argue that the repeal violated a provision in the State Constitution stating that citizens “have the right to alter or reform their government as the public welfare may require.” And they say that the gerrymandered map ignores a host of state constitutional provisions, including guarantees of free speech, free association and equal protection — provisions that they say should be read to prohibit partisan maps.For their part, Republican legislators contend that they had the right to repeal the redistricting law, just as they can any other state law. And they say the plaintiffs’ aim is no different than their own: to tilt the playing field in their favor.Katie Wright, the executive director of Better Boundaries — the grass-roots group that led the successful effort to pass the 2018 redistricting law and is backing the lawsuit — said there is a difference between the two. She noted that the Legislature’s disclosure of its new maps in 2021 sparked an unusually large public outcry that continues even today.“The reason we have these maps is to keep the people who are in power in power,” she said. “Utahns have not given up.” More

  • in

    Macky Sall, Senegal’s Leader, Says He Won’t Run for Third Term

    Macky Sall had considered seeking a third term in the West African country despite a constitutional limit of two.President Macky Sall of Senegal said on Monday that he would not seek a third term in office, putting an end to months of tensions over a hypothetical candidacy that many say would have violated the West African nation’s Constitution.“My dear fellow citizens, my decision after long consideration is to not be a candidate in the election on Feb. 25, 2024,” Mr. Sall said in a televised address. “My 2019 term was my second and last term.”Mr. Sall’s speech came a month after at least 16 people died in government protests that were fueled, in part, by his refusal to say whether he would run for a third term next year.Thousands of demonstrators, most of them young, had taken to the streets to protest against what they saw as an authoritarian drift from Mr. Sall’s government, and against the conviction of his main political opponent, Ousmane Sonko, on charges that his supporters said had been an attempt to sideline him.The violence, reminiscent of deadly protests in 2021, raised concerns among the Senegalese public and international observers that Senegal was no longer the beacon of political pluralism and stability it had long been regarded as in a region known for its frequent coups and aging leaders clinging to power.That made Mr. Sall’s announcement all the more welcome to many.“A time bomb was just deactivated,” Alioune Tine, a renowned Senegalese human rights figure, said about Mr. Sall’s renouncement. “It’s a huge relief for Senegal and the African continent.”Mr. Sall’s decision not to run was unusual for West and Central Africa, where some leaders have in recent years curbed their countries’ laws to stay in power.In 2021, President Alassane Ouattara of Ivory Coast was elected for a third term despite a constitutional rule limiting presidents to two. In the Central African Republic, President Faustin-Archange Touadéra is also seeking a third term through a constitutional referendum scheduled this month.Senegal, which has never experienced a coup since gaining independence from France in 1960, considers itself a model of democracy in Africa. Many feared that Mr. Sall might change that.Mr. Sall, 61, was first elected in 2012 for a seven-year term and again in 2019 for five years after he modified the Constitution, which limits presidents to two terms. He argued that the constitutional change had reset the clock to zero, but legal experts in Senegal and abroad dismissed the contention as fallacious.Since 2012, Mr. Sall has presided over the development of one of Africa’s fastest-growing economies, focusing on major infrastructure projects like a new international airport, a train linking the capital, Dakar, to its suburbs and a new metropolis aimed at alleviating congestion in Dakar.He has also overseen the development of a gas field off Senegal’s northern coast that is expected to start production next year. It could make the country of 17 million people a major producer of natural gas in Africa.Yet, Senegal’s health care system remains underdeveloped, while youth unemployment is widespread. And under Mr. Sall’s leadership, hundreds of political opponents have been jailed and journalists arrested.Senegal now faces an open election in less than eight months.The future for Mr. Sonko, Mr. Sall’s main opponent, remains uncertain. Last month, he was sentenced to two years in prison for “corrupting youth” after a massage parlor employee accused him of rape in 2021. Mr. Sonko was acquitted of rape and other charges, all which he denied.Mr. Sall has yet to name a political successor. On Tuesday evening, he said, “Senegal exceeds my person, and is full of leaders capable of taking the country to the next level.” More

  • in

    What Frederick Douglass Knew That Trump and DeSantis Don’t

    There was a moment during the Trump administration when the president and his most ideologically committed advisers searched for a way to end birthright citizenship.Enshrined in the first sentence of the first section of the 14th Amendment to the Constitution, birthright citizenship means that anyone and everyone born on American soil is an American citizen. Written to secure the social transformations wrought by the Civil War, it is a cornerstone of the United States as a multiracial democracy.President Donald Trump would end it, he decided, by executive order. “It was always told to me that you needed a constitutional amendment. Guess what? You don’t,” he said when announcing the effort in 2018, falsely asserting, “We’re the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States — with all of those benefits. It’s ridiculous. It’s ridiculous. And it has to end.”Fortunately, Trump was wrong. There is no way, short of a constitutional amendment, to nullify the birthright citizenship clause of the 14th Amendment. Nor was there any question of its meaning and intent. After fierce pushback from legal scholars on both the left and the right, Trump dropped the issue.But he didn’t forget about it. Earlier this year, Trump announced that if he were elected president again, he would ban birthright citizenship through executive order. Not to be outdone in the race for the Republican presidential nomination, Ron DeSantis, the governor of Florida, said that he, too, would end birthright citizenship if elected president.“Stop the invasion,” said DeSantis’s blueprint for immigration policy. “No excuses.” He is pledging to “take action to end the idea that the children of illegal aliens are entitled to birthright citizenship if they are born in the United States.” He also contends, “Dangling the prize of citizenship to the future offspring of illegal immigrants is a major driver of illegal migration,” adding that “it is also inconsistent with the original understanding of the 14th Amendment.”The main reason DeSantis has followed Trump down this path is that he appears to be running to be the understudy to the former president. If Trump is forced out of the race because his legal troubles push him out of presidential politics, then DeSantis will take the standard for the MAGA faithful. Or so he hopes.At the same time, it’s clear that DeSantis’s position is as much about ideology as it is about opportunism. His attack on birthright citizenship is consistent with his crusade to purge “wokeness” from schools and classrooms in the state of Florida, where officials have banned books and suppressed instruction on, among other subjects, the history of American racism.The attack on birthright citizenship is an attempt to stigmatize and remove from society an entire class of people. And the attack on so-called wokeness is an attempt to delegitimize and remove from society an entire way of understanding the world. Together, the attacks form an assault on two of the pillars of the egalitarian ideal.Here, it is worth taking a brief tour of the history of birthright citizenship in the United States. Before the 14th Amendment, the boundaries around citizenship were ill defined. Although the idea of birthright citizenship was present in English common law at the time of the adoption of the Constitution, the Constitution as ratified said nothing about acquiring citizenship by either birth or naturalization.In 1790, Congress limited citizenship by naturalization to “free White persons … of good character,” but was silent on the question of citizenship by birth. As the 18th century came to a close and the 19th century progressed, one prominent view was that there was no citizenship in the United States as such; there was only citizenship in a state, which conferred national citizenship by virtue of the state’s place in the Union. To the extent that citizenship came with rights, the scope of those rights was a question of state laws and state constitutions.But there were always proponents of a broader, more expansive and rights-bearing birthright citizenship. They were free Black Americans, who needed to anchor themselves in a world where their freedom was tenuous and uncertain.“We are Americans, having a birthright citizenship,” wrote Martin Delany, the free Black journalist and antislavery orator, in his 1852 pamphlet “The Condition, Elevation, Emigration and Destiny of the Colored People of the United States.” Delany, as the historian Martha S. Jones noted in “Birthright Citizens: A History of Race and Rights in Antebellum America,” called on Black Americans to leave the United States. And yet, he still claimed the country as his own.“Our common country is the United States,” Delany wrote. “Here were we born, here raised and educated; here are the scenes of childhood; the pleasant associations of our school going days; the loved enjoyments of our domestic and fireside relations, and the sacred graves of our departed fathers and mothers, and from here will we not be driven by any policy that may be schemed against us.”Against legislative efforts to make their lives in America impossible to live, free Blacks asserted that, in Delany’s words, “the rights of the colored man in this country to citizenship are fixed,” attached not just to the states, but to the United States.Jones noted that even those opposed to emigration, like the men of the 1853 Colored National Convention in Rochester, N.Y., mirrored Delany’s thinking. “We are Americans, and as Americans, we would speak to Americans,” declared the group. “We address you not as aliens nor as exiles, humbly asking to be permitted to dwell among you in peace; but we address you as American citizens asserting their rights on their own native soil.”With his 1857 decision in Dred Scott v. Sandford, however, Chief Justice Roger Taney foreclosed the constitutional recognition of Black citizenship and defined the United States, in true Jacksonian form, as a white man’s country. Black people, he wrote, “were not intended to be included, under the word ‘citizens’ in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States.” They had no rights, he added, “which the white man was bound to respect.”The birthright citizenship clause of the 14th Amendment, based on similar language found in the Civil Rights Act of 1866, was a direct response to and a rebuke of Taney’s reasoning. Having won the argument on the battlefield, the United States would amend its Constitution to establish an inclusive and, in theory, egalitarian national citizenship.The authors of the 14th Amendment knew exactly what they were doing. In a country that had already seen successive waves of mass immigration, they knew that birthright citizenship would extend beyond Black and white Americans to people of other hues and backgrounds. That was the point.Asked by an opponent if the clause would “have the effect of naturalizing the children of Chinese and Gypsies born in this country,” Senator Lyman Trumbull, who helped draft the language of birthright citizenship in the Civil Rights Act, replied “Undoubtedly.” Senator John Conness of California said outright that he was “ready to accept the provision proposed in this constitutional amendment, that the children born here of Mongolian parents shall be declared by the Constitution of the United States to be entitled to civil rights and to equal protection before the law with others.”In 1867, around the time Congress was debating and formulating the 14th Amendment, Frederick Douglass delivered a speech in Boston where he outlined his vision of a “composite nationality,” an America that stood as a beacon for all peoples, built on the foundation of an egalitarian republic. “I want a home here not only for the Negro, the mulatto and the Latin races; but I want the Asiatic to find a home here in the United States, and feel at home here, both for his sake and for ours,” Douglass said. “The outspread wings of the American Eagle are broad enough to shelter all who are likely to come.”If birthright citizenship is the constitutional provision that makes a multiracial democracy of equals possible, then it is no wonder that it now lies in the cross hairs of men who lead a movement devoted to unraveling that particular vision of the American republic.Embedded in birthright citizenship, in other words, is the potential for a freer, more equal America. For Donald Trump and Ron DeSantis, that appears to be the problem.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

  • in

    Something’s Got to Give

    It’s been 52 years since Congress passed, and the country ratified, a constitutional amendment — the 26th Amendment, which lowered the voting age to 18 in the wake of the Vietnam War and the broader disruption of the 1960s. (The 27th Amendment, ratified in 1992, was passed in 1789.) It’s been 64 years since Congress added states to the union — Alaska and Hawaii, in 1959. And it’s been 94 years since Congress capped the size of the House of Representatives at 435 members.You might be tempted to treat these facts as trivia. But the truth is that they say something profound about American politics. For more than 50 years, the United States has been frozen in a kind of structural and constitutional stasis. Despite deep changes in our society — among them major population growth and at least two generational waves — we have made no formal changes to our national charter, nor have we added states or rearranged the federal system or altered the rules of political competition.One reason this matters, as Kate Shaw and Julie C. Suk observe in a recent essay for Times Opinion, is that “several generations of Americans have lost the habit and muscle memory of seeking formal constitutional change.” Unaccustomed to the concept and convinced that it is functionally impossible, Americans have abandoned the very notion that we can change our Constitution. Instead, we place the onus for change on the Supreme Court and hope for the best. Out with popular sovereignty, in with judicial supremacy.There is another reason this matters. Our stagnant political system has produced a stagnant political landscape. Neither party has been able to obtain a lasting advantage over the other, nor is either party poised to do so. The margins of victory and defeat in national elections are slim. The Republican majority that gave President George W. Bush a second term in the White House — and inspired, however briefly, visions of a permanent Republican majority — came to just 50.7 percent of the overall vote. President Barack Obama won his second term by around four percentage points, and President Biden won by a similar margin in 2020. Donald Trump, as we know, didn’t win a majority of voters in 2016.Control of Congress is evenly matched as well. Majorities are made with narrow margins in a handful of contested races, where victory can rest more on the shape of the district map — and the extent of the gerrymandering, assuming it holds — than on any kind of political persuasion. That’s the House. In the Senate, control has lurched back and forth on the basis of a few competitive seats in a few competitive states. And the next presidential election, thanks to the Electoral College, will be a game of inches in a small batch of closely matched states rather than a true national election.Past eras of political dynamism often came from some change in the overall political order. Throughout the 19th century, for example, the addition of states either transformed the terrain on which Americans fought partisan politics or opened avenues for long-term success for either one of the two major parties. States could be used to solidify partisan control in Washington — the reason we have two Dakotas instead of one — or used to extend and enlarge an existing coalition.Progressive-era constitutional transformations — the direct election of senators, women’s suffrage and Prohibition — reverberated through partisan politics, and the flood of Black Americans from Southern fields to Northern cities put an indelible stamp on the behavior of Democrats and Republicans.We lack for political disruption on that scale. There are no constitutional amendments on the table that might alter the terms of partisan combat in this country. There’s no chance — anytime soon — that we’ll end the Electoral College or radically expand the size of the House, moves that could change the national political calculus for both parties. There are no prospects, at this point, for new states, whether D.C., Puerto Rico or any of the other territories where Americans live and work without real representation in Congress.There’s nothing either constitutional or structural on the horizon of American politics that might unsettle or shake the political system itself out of its stagnation. Nothing that could push the public in new directions or force the parties themselves to build new kinds of coalitions. Nothing, in short, that could help Americans untangle the pathologies of our current political order.The fact of the matter is that there are forces that are trying to break the stasis of American politics. There’s the Supreme Court, which has used its iron grip on constitutional meaning to accumulate power in its chambers, to the detriment of other institutions of American governance. There’s the Republican Party, which has used the countermajoritarian features of our system to build redoubts of power, insulated from the voters themselves. And there is an authoritarian movement, led and animated by Trump, that wants to renounce constitutional government in favor of an authoritarian patronage regime, with his family at its center.Each of these forces is trying to game the current system, to build a new order from the pieces as they exist. But there’s nothing that says we can’t write new rules. And there’s nothing that says that we have to play this particular game.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