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      A Bluer Picture

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      The midterm campaigns for the House and the Senate are shaping up quite differently.The midterm polls continue to look dark for Democrats, as we explained in a newsletter last week. Inflation and Covid disruptions, as well as the normal challenges that a president’s party faces in midterms, are weighing on the party. As a result, the Republicans are heavily favored to retake control of the House.But the situation in the Senate looks different, my colleague Blake Hounshell points out.There are 10 potentially competitive Senate races this year, according to the Cook Political Report, and Democrats need to win at least five of them to keep Senate control. Democrats are favored in two of those 10 races (New Hampshire and Colorado) and Cook rates another five (Arizona, Georgia, Nevada, Pennsylvania and Wisconsin) as tossups.If Democrats keep the Senate without the House, they still would not be able to pass legislation without Republican support. But Senate control nonetheless matters. It would allow President Biden to appoint judges, Cabinet secretaries and other top officials without any Republican support, because only the Senate needs to confirm nominees.I’m turning over the rest of today’s lead item to Blake, who will preview the campaign for Senate control.When asked to share their candid thoughts about the Democrats’ chances of hanging onto their House majority in the coming election, party strategists often use words that cannot be printed in a family newsletter.But a brighter picture is coming together for Democrats on the Senate side. There, Republicans are assembling what one top strategist laughingly described as an “island of misfit toys” — a motley collection of candidates the Democratic Party hopes to portray as out of the mainstream on policy, personally compromised and too cozy with Donald Trump.These vulnerabilities have led to a rough few weeks for Republican Senate candidates in several of the most competitive races:Arizona: Blake Masters, a venture capitalist who secured Trump’s endorsement and is leading the polls in the Republican primary, has been criticized for saying that “Black people, frankly” are responsible for most of the gun violence in the U.S. Other Republicans have attacked him for past comments supporting “unrestricted immigration.”Georgia: Herschel Walker, the G.O.P. nominee facing Senator Raphael Warnock, acknowledged being the parent of three previously undisclosed children. Walker regularly inveighs against absentee fathers.Pennsylvania: Dr. Mehmet Oz, who lived in New Jersey before announcing his Senate run, risks looking inauthentic. Oz recently misspelled the name of his new hometown on an official document.Nevada: Adam Laxalt, a former state attorney general, said at a pancake breakfast last month that “Roe v. Wade was always a joke.” That’s an unpopular stance in socially liberal Nevada, where 63 percent of adults say abortion should be mostly legal.Wisconsin: Senator Ron Johnson made a cameo in the Jan. 6 hearings when it emerged that, on the day of the attack, he wanted to hand-deliver a fraudulent list of electors to former Vice President Mike Pence.Republicans counter with some politically potent arguments of their own, blaming Democrats for rising prices and saying that they have veered too far left for mainstream voters.In Pennsylvania, for instance, Lt. Gov. John Fetterman, the Democratic Senate nominee, supports universal health care, federal marijuana legalization and criminal justice reform. Republicans have been combing through his record and his past comments to depict him as similar to Bernie Sanders, the self-described Democratic socialist.Candidate vs. candidateOne factor working in the Democrats’ favor is the fact that only a third of the Senate is up for re-election, and many races are in states that favor Democrats.Another is the fact that Senate races can be more distinct than House races, influenced less by national trends and more by candidates’ personalities. The ad budgets in Senate races can reach into the hundreds of millions of dollars, giving candidates a chance to define themselves and their opponents.Democrats are leaning heavily on personality-driven campaigns, promoting Senator Mark Kelly in Arizona as a moderate, friendly former astronaut and Senator Catherine Cortez Masto of Nevada as a fighter for abortion rights, retail workers and families.“Senate campaigns are candidate-versus-candidate battles,” said David Bergstein, a spokesman for the Democrats’ Senate campaign arm. “And while Democratic incumbents and candidates have developed their own brands, Republicans have put forward deeply, deeply flawed candidates.” Bergstein isn’t objective, but that analysis has some truth to it.There are about four months until Election Day, an eternity in modern American politics. As we’ve seen from the Supreme Court’s abortion ruling and from the explosive allegations that emerged in the latest testimony against Trump, the political environment can shift quickly.If the election were held today, polls suggests that Democrats would be narrowly favored to retain Senate control. Republican elites are also terrified that voters might nominate Eric Greitens, the scandal-ridden former governor, for Missouri’s open Senate seat, jeopardizing a seat that would otherwise be safe.But the election, of course, is not being held today, and polls are fallible, as we saw in 2020. So there’s still a great deal of uncertainty about the outcome. Biden’s approval rating remains low, and inflation is the top issue on voters’ minds — not the foibles of individual candidates.For now, Democrats are pretty pleased with themselves for making lemonade out of a decidedly sour political environment.More politicsConservative talk radio hosts promote false claims about election fraud, stoking mistrust about the results of the midterms.The U.S. ambassador to Mexico has a cozy relationship with Mexico’s president. Some American officials fear it’s gone too far.Trump has long been able to keep his intentions under wraps, but recent testimony revealed a man willing to do almost anything to hang onto power.Illinois ShootingAfter a mass shooting in Highland Park, Ill., yesterday.Mary Mathis for The New York TimesA gunman killed six people from a rooftop at a Fourth of July parade in Highland Park, a Chicago suburb.A 22-year-old man is in custody. Here’s what we know.The attack was not the only shooting over a violent holiday weekend.Why does the U.S. have so many mass shootings? Mostly because people have so many guns, as a recent edition of this newsletter explained.AbortionMany moderate women have been drifting away from Democrats. The party hopes that the fight for abortion rights will drive them back.As the U.S. grapples with the Supreme Court’s decision overruling Roe v. Wade, a question lurks: Why are the risks of pregnancy rarely discussed?Here’s the latest on which abortion laws are in effect and which are blocked. Other Big Stories“I’m terrified I might be here forever”: The W.N.B.A. star Brittney Griner wrote to Biden to ask for help in being freed from prison in Russia. The U.S. said the bullet that killed the Palestinian American journalist Shireen Abu Akleh was too damaged to trace definitively but probably came from Israeli military lines.Updated Covid vaccines are coming. The shots won’t be available until the fall.OpinionsChristian nationalists gutted abortion rights. American democracy is next, says Katherine Stewart.Americans live in fear of gun violence, and fear is a breeding ground for autocracy, Patti Davis, Ronald Reagan’s daughter, writes.MORNING READSRenovating the tower housing Big Ben took five years.Mary Turner for The New York TimesBong bong bong: Big Ben will soon sound again.The Tour Divide: A 2,700-mile cycling race is now even more extreme.Tennis: When will the Williams sisters and Roger Federer quit? Maybe never.A Times classic: The perils of a dirty sponge.Advice from Wirecutter: Try these cheap sunglasses.Lives Lived: Clifford L. Alexander Jr., who in the 1960s and ’70s helped bring the civil rights movement into the federal government, became the first Black secretary of the Army under Jimmy Carter. Alexander died at 88.SPORTS NEWS FROM THE ATHLETICA programming note: This new sports section is written by the staff of The Athletic.New York baseball dominance: For many teams, July 5 will mean 81 games played, the official halfway point of the M.L.B. regular season. None can top the New York Yankees, a team on pace to surpass some of their greatest seasons ever. Here is how all 30 M.L.B. teams stack up at the midway point. The Yankees have local company.Ronaldo’s next home? That question dominated weekend conversations as the soccer superstar signaled an exit from Manchester United. Could Chelsea be Ronaldo’s next team?Christian Eriksen’s new home: Meanwhile, Manchester United added a player known more for a Euro 2020 scare than his considerable talents.For access to all Athletic articles, subscribe to New York Times All Access or Home Delivery.ARTS AND IDEAS Beer and body slamsCraft beer and wrestling are starting to become a tag team, as crowds around the U.S. sip hazy ales and cheer on the action inside the ring.“Spandex-clad wrestlers with stage names like Manbun Jesus, Rex Lawless and Casanova Valentine performed body slams and leaped off ropes, egging on spectators and occasionally inflicting performative injury with arm twists and traffic barrels,” Joshua M. Bernstein writes in The Times about a recent event in Brooklyn.“It’s like going to the movies, but it’s a real-life performance and you get to drink,” one wrestler said. “What’s better than that?”PLAY, WATCH, EATWhat to CookChristopher Simpson for The New York Times. Food Stylist: Simon Andrews.Soba, Japanese buckwheat noodles, taste great when served cold.World Through a LensA sand storm approaching the Step Pyramid of Djoser.Tanveer BadalA photographer found a new perspective on Egypt’s ancient pyramids.What to ReadIn Katherine J. Chen’s new novel, Joan of Arc wows crowds with feats of strength and breaks bones with her bare hands.GamingNina Freeman infuses her work with a poetic sensibility. Her next game, “Nonno’s Legend,” comes out next month.Now Time to PlayThe pangram from yesterday’s Spelling Bee was although. Here is today’s puzzle.Here’s today’s Mini Crossword, and a clue: Take it easy (five letters).And here’s today’s Wordle. After, use our bot to get better.Thanks for spending part of your morning with The Times. See you tomorrow.P.S. The bikini debuted 76 years ago today. Twenty years later, The Times urged women to take the plunge.Here’s today’s front page.“The Daily” is about a new gun law. On “The Ezra Klein Show,” Larry Kramer discusses the Supreme Court.Claire Moses, Ian Prasad Philbrick, Tom Wright-Piersanti and Ashley Wu contributed to The Morning. You can reach the team at themorning@nytimes.com.Sign up here to get this newsletter in your inbox. More

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      Will the Abortion Debate Keep Moderate Women in the Democrats’ Camp?

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      Worried about inflation and dissatisfied with President Biden, many moderate women have been drifting away from Democrats. Now the party hopes the fight for abortion rights will drive them back.GRAND RAPIDS, Mich. — As Gov. Gretchen Whitmer prepared to kick off a round-table discussion about abortion rights at a brewery recently, Alisha Meneely sat at one corner of the table, feeling politically abandoned.Ms. Meneely voted for Donald Trump in 2016 before supporting President Biden in 2020, she said. Now, she is struggling with both parties, gravely disappointed in Mr. Biden’s leadership but anguished by what she sees as a Republican lurch toward extremism, with little room for disagreement — especially on abortion rights.“This scares me a lot,” said Ms. Meneely, 43, who described herself as a “pro-choice Republican” in an interview shortly before the Supreme Court overturned Roe v. Wade.A few days later, as many Republican officials embraced the far-reaching implications of the decision, she was unequivocal. “This,” Ms. Meneely said, “is not my party.”After struggling for months against daunting political challenges, Democrats have a new opening to engage moderate women like Ms. Meneely, who have been critical to the party’s recent victories but are often seen as swing voters this year, according to interviews with more than two dozen voters, elected officials and party strategists across the country.From the suburbs of Philadelphia and Grand Rapids to more conservative territory in Nebraska, there are early signs that some voters who disapprove of Mr. Biden also increasingly believe that Republicans have gone too far to the right on a range of issues, particularly abortion.Democrats see a new opportunity to engage dissatisfied voters in the fight over abortion rights. Jamie Kelter Davis for The New York TimesIt’s a dynamic with the potential to shape statewide races and some House contests, and one that crystallizes a central tension of the midterm elections as Democrats test whether efforts to define today’s Republicans as extremist can mitigate the political headwinds they confront.High inflation remains the overriding concern for many voters, and Republicans are betting that most Americans will vent about pocketbook frustrations above all else. Mr. Biden has long struggled with anemic approval ratings. Americans also overwhelmingly believe the country is headed in the wrong direction, another troubling sign for the party in power. And some Democrats doubt that even something as significant as the overturning of Roe will dramatically alter the political environment.For many Americans, economic struggles outweigh abortion rights as the top issue.Sarah Silbiger for The New York Times“Does it have an effect? Absolutely,” said Chuck Rocha, a Democratic strategist. “Does it fundamentally change the landscape? No. Not in an off-year election, when your president’s approval rating is below 40 percent and gas is $5 a gallon.”Those crosscurrents all converged last week at a few shopping centers in Warrington, Pa., in Bucks County outside Philadelphia. It’s a swing township within a swing county in the nation’s ultimate swing state. The next governor and a Republican-controlled legislature will most likely determine access to abortion, after the Supreme Court’s recent decision handed control over abortion rights back to the states.Sophia Carroll, 22, said that growing up, some of her friends were engaged in anti-abortion activism. Citing her Catholic upbringing, Ms. Carroll, a registered Republican, said she felt mixed emotions when Roe was overturned. But she intended to vote for Democrats this fall, “just because of this issue” of protecting abortion rights.From Opinion: The End of Roe v. WadeCommentary by Times Opinion writers and columnists on the Supreme Court’s decision to end ​​the constitutional right to abortion.David N. Hackney, maternal-fetal medicine specialist: The end of Roe “is a tragedy for our patients, many of whom will suffer and some of whom could very well die.”Mara Gay: “Sex is fun. For the puritanical tyrants seeking to control our bodies, that’s a problem.”Elizabeth Spiers: “The notion that rich women will be fine, regardless of what the law says, is probably comforting to some. But it is simply not true.”Katherine Stewart, writer: “​​Breaking American democracy isn’t an unintended side effect of Christian nationalism. It is the point of the project.”“As someone who knows other women who have had to make the decision to choose, it’s a very personal and very intimate decision,” she said in an interview at an outdoor shopping center.Ms. Carroll pointed out Justice Clarence Thomas’s concurring opinion, which suggested that the court should revisit its cases establishing rights to same-sex marriage, same-sex consensual relations and contraception.“Are they going to ban birth control next?” she said.There is limited polling that captures attitudes after the Supreme Court decision, and none of it predicts how voters will feel in November. A recent survey from NPR, PBS NewsHour and Marist found that 56 percent of adults surveyed opposed the decision and 40 percent supported it. Among people in suburbs, which in recent years have been home to many moderates and swing voters, 57 percent said they mostly support abortion rights; only a third said they mostly oppose abortion rights. Among women in the suburbs and small cities, support for abortion rights jumped to 61 percent.Another survey from Morning Consult and Politico found that among suburban voters, around 60 percent said it was very or somewhat important to support a candidate in the midterm elections who backs abortion access; roughly 40 percent said it was very or somewhat important to support a candidate who opposes that access.But polls have also consistently shown that the economy and inflation remain top issues for many Americans. And many voters are inclined to take their frustration about cost-of-living concerns out on the Democrats.“The economy is always going to be the biggest thing for me,” Diane Jacobs, 57, said in an interview outside a Wegmans grocery store in Warrington. Ms. Jacobs, who said that she typically votes for Republicans, identifies as “pro-life” but does not believe abortion should be illegal. She also voted for Mr. Biden in 2020, she said, as an antidote to divisiveness. But Ms. Jacobs said she would not do so again and planned on supporting Republicans this year.“Just look at inflation,” she said.Some voters are not yet aware of the implications of overturning Roe, which are unfolding day-by-day and state-by-state. Democrats may have room to expand their support on the issue as voters learn more. Republicans, however, may ultimately benefit if many voters who disagree with the decision don’t dive in on the details. Ms. Jacobs said she had not heard of Republicans in the area who wanted to outlaw the procedure.“If there was a presidential candidate who said they wanted to outlaw it in every single case, I don’t know that I’d vote for that person,” she said. “That’s pretty extreme.”Josh Shapiro, the Democratic nominee for governor of Pennsylvania, has promised to veto “any bill that would restrict abortion rights.”Hannah Beier/ReutersAbortion is now banned in at least eight states, with few exceptions allowed. Some legal challenges are underway, and more bans are expected to take effect soon. Doug Mastriano, the far-right Republican nominee for governor in Pennsylvania, has sponsored a roughly six-week abortion ban and has indicated interest in further restrictions, saying life begins at conception. Asked whether he believes in exceptions for rape, incest or the life of the mother, he replied at a debate, “I don’t give a way for exceptions.”Josh Shapiro, the Democratic nominee, has promised to veto “any bill that would restrict abortion rights.”The Pennsylvania governor’s race is one of several, including governor’s contests in Michigan and Wisconsin, that could directly affect abortion rights in battleground states.Barrie Holstein, 58, said she felt a new sense of political urgency. Ms. Holstein, who lives in Dresher, Pa., declined to say how she voted in 2020. She said she does not always vote in midterm elections and was often open to candidates of both parties. But this year, she said, she intended to vote for candidates who backed abortion rights and gun control.“I’m not political,” she said. “But it’s enough. I’m pissed. I’m pissed about gun control and I’m pissed about abortion. I really am.”Strategists in both parties are still trying to quantify how many voters like Ms. Holstein are out there.In a small private focus group of suburban swing voters last week sponsored by progressive organizations, a clear majority of participants said the Roe decision would hold either a lot or a medium amount of weight when considering how to vote in upcoming elections.But in one warning sign for Democrats, at least one participant said she felt it was “too late” — the party in power had already failed to protect abortion rights, so she would be weighing a broader set of issues.While some Republicans see openings to paint Democrats as radical on the issue of abortion rights late into pregnancy, many officials have largely sought to keep their focus on cost-of-living matters and on Mr. Biden.“I would be surprised if an energized Democratic electorate overcame the dead-weight anchor of a 40 percent job approval for a Democratic president,” said Whit Ayres, a Republican strategist. “But it might make some races closer than they would otherwise have been.”That may have been the case in a recent Nebraska special election, when a Democratic candidate did better than expected in a heavily Republican-leaning district. Turnout was just under 30 percent of registered voters.Jane Kleeb, Nebraska Democratic Party chairwoman, conducting party business remotely at the Lancaster County Democrats headquarters in Lincoln, Neb., in 2020.Walker Pickering for The New York Times“This is real and resonating and you feel it on the ground,” said Jane Kleeb, the chairwoman of the Nebraska Democratic Party. “Folks, I think, in the Midwest, really respect people’s privacy. Ranchers always say, ‘If it doesn’t bother the cattle, it doesn’t bother me.’ That mentality is very much alive, I think, in voters’ minds.”Last week, Ms. Meneely of Michigan — who has a background in government work and engages in efforts to combat human trafficking and online exploitation of children — said that she had decided to vote for Ms. Whitmer, the Democratic governor.She also said she would support Representative Peter Meijer, a Republican who applauded the Roe decision, in his primary. Ms. Meneely noted his willingness to challenge Mr. Trump. (He was one of 10 House Republicans to vote for impeachment after the Capitol riot.)But she sounded open to persuasion in general election contests.“Right now,” she said, “I am so ticked at the Republican Party.” More

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      How Rules Fuel Populist Anger in Rural America

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      ROCK HALL, Md. — When Dave Harden decided to run for Congress as a Democrat on Maryland’s conservative Eastern Shore, a friend gave him a piece of free advice.“Democrats lose on three things: abortion, guns and regulations,” the friend said. “If you keep one, you have to give up the other two.”Abortion and gun rights have both inspired passionate activism and countless front-page news articles. Regulations — not so much. Yet nitpicky government rules remain a potent and underappreciated source of populist anger against Democrats, especially in rural areas.On the campaign trail, Mr. Harden has gotten an earful from voters about maddening and arbitrary restrictions: Why are wineries in Maryland limited to serving only 13 kinds of food? Why does a woman who sells her grandmother’s cobbler have to cough up tens of thousands of dollars to build a commercial kitchen? Why does a federal inspector have to be on hand to watch wild catfish get gutted — but not other kinds of seafood? The short answer is that restaurant associations tend to wield more political clout than wineries, and catfish farmers in Mississippi are more powerful than seafood harvesters in Maryland. Big businesses can afford to hire lawyers to help them cut through red tape and lobbyists to bend government rules to their will. Small businesses, especially in rural places, get slammed.Dave Harden campaigning during the annual fireman’s parade in Ocean City.“The claim of overregulation is especially animating on the political right,” Joshua Sewell of Taxpayers for Common Sense told me. He said misleading rumors that the Environmental Protection Agency planned to regulate farm dust or that President Biden’s Build Back Better plan would have taxed belching cows played right into the stereotype of Democrats as city folk who were infuriatingly eager to regulate almost anything in rural America.In 2006, Democrats and Republicans had similar views on government regulation of business: About 40 percent of Republicans said there was too much, compared to about 36 percent of Democrats. But the percentage of Republicans who felt that way climbed steadily under President Barack Obama, who enacted more economically significant rules than his predecessors. By the end of his first term, 84 percent of Republicans thought that government meddled too much in business, while only 22 percent of Democrats agreed, according to Gallup. Democrats were more likely to say that the government doesn’t regulate businesses enough.With business owners more likely to be Republicans and government workers more likely to be Democrats, you have the makings of a yawning partisan divide. Donald Trump campaigned on a promise to remove two rules for every new one that was put in place.Can Democrats flip the script and win over conservative districts, particularly small- business owners in those areas, by speaking out against government red tape? Mr. Harden, a 59-year-old former Foreign Service officer who is running for Congress in Maryland’s First District, is trying. He hopes to replace Andy Harris, the sole Republican in Maryland’s congressional delegation. (Mr. Harris voted to overturn the results of the presidential election in 2020 and reportedly once tried to bring a gun onto the House floor.)Mr. Harden greets Bobby Higgins, the owner of an all-you-can-eat crab house in Ocean City.Crabs are Maryland’s iconic cuisine.Mr. Harden must first win a July 19 primary against Heather Mizeur, a progressive herb farmer who once represented Montgomery County, a much more urban area, in the state legislature. Ms. Mizeur has more money and name recognition than Mr. Harden, but he believes he has a chance because she seems out of step with the conservative district, which is considered a safe Republican seat.Mr. Harden is trying to chart an alternative path for Democrats in rural areas. He’s no fan of Donald Trump. He left a 22-year career in the Foreign Service in 2018 because he didn’t want to serve the Trump administration. But when it comes to regulations, Mr. Harden doesn’t sound all that much different from Mr. Trump.“The regulations in rural economies are ridiculous,” he told me.Mr. Harden is trying to walk a difficult line, appealing to voters who are angry about government overreach without turning off the Democratic base. He says he doesn’t oppose reasonable environmental regulations, but he rails against rules that make it harder for small businesses to survive.It’s a message that comes naturally to him. He spent years trying to improve the business environments in Iraq and the Palestinian territories as a senior U.S.A.I.D. official. He led a program in the West Bank town of Jenin that opened up a border crossing with Israel and prevailed on the Israeli government to allow more Israeli cars into Jenin so that Israeli Arabs could shop there, helping to start an economic revival.Mr. Harden’s campaign manager, Marty Lostrom, on Chris Lingerman’s lawn. Lingerman’s shop, Chester River Seafood, is behind his house.Ford’s Seafood in Rock Hall, Md., is family-owned.Mr. Harden is now trying to bring those lessons home to Maryland, where he grew up. On a recent Saturday, he squinted out at Chesapeake Bay, riffing about how to promote local economic development with Capt. Rob Newberry, the head of the Delmarva Fisheries Association, which represents licensed watermen in the area. Captain Newberry is a Republican who once hung a sign cursing Joe Biden on his boat. But he supports Mr. Harden, who listens patiently to his complaints about regulations.Captain Newberry represents people who harvest crabs, Maryland’s iconic cuisine, from the Chesapeake Bay, and he complains that excessive regulations are putting watermen like him out of business. He contends that the roughly 1,800 fishermen, clammers, crabbers and oystermen in his association are among the most highly regulated workers in the state.Captain Newberry, right, listened as Mr. Harden spoke to Chris Lingerman, the owner of Chester River Seafood, about regulations that hurt watermen.A Maryland blue crab.“When you get halfway to work and you pull up at a stoplight, does a policeman pull you over?” he asked. “When you get into work, does he come in and bother you two or three times and ask you what are you doing, do you have a license? That happens to me every time I go out on the harbor.”Captain Newberry has grievances with people across the political spectrum: with the environmentalists who lobby for more restrictions on the watermen; with the cities and companies responsible for faulty wastewater treatment systems and runoff that pollutes the bay; and with Mr. Harris, the incumbent.He told me that Mr. Harris refused to speak out against a nonsensical regulation that stipulated that catfish had to be treated like meat under federal law. The rule, which advantages catfish farmers in states like Mississippi at the expense of foreign fish farmers and Maryland fishermen, requires federal inspectors to be on site when catfish get gutted, even though there’s little evidence of a risk to public health.The rule is so outrageous that the Government Accountability Office once called for it to be repealed. Yet it remains in place. When the watermen complained to their congressman, Mr. Harris arranged for the government to pay for the inspectors. But inspectors still have to be called in whenever a fisherman brings in catfish for processing. (Mr. Harris’s office said he’s still working on it.)Captain Newberry says he has become disillusioned with the political sausage-making behind government rules. But he still works within the system to try to change them. He testifies before lawmakers and serves on committees, hoping that it will make a difference.On the campaign trail, Mr. Harden has gotten an earful from voters about maddening and arbitrary restrictions.However, those same frustrations have led some other watermen to fall under the sway of the “sovereign citizens” movement, which preaches that the federal and state governments have no right to require licenses for hunting, driving or owning a gun. Some adherents believe that the local sheriff is the only legitimate authority under the Constitution. Beliefs about the illegitimacy of the federal government appeared to be at the root of an armed standoff between federal authorities and cattle ranchers in Nevada in 2014.Maryland’s Eastern Shore hasn’t seen anything like that, Somerset County’s sheriff, Ronald Howard, told me. But he said he has faced mounting pressure to defy state rules and allow watermen to harvest oysters from sanctuaries that have been declared off limits. He refused. “I said, ‘Look, if I interfere, that’s obstruction of my duties; I can be charged criminally,’” he told me. “I had one waterman tell me, ‘That’s a chance you’ve got to take.’”Sheriff Howard doesn’t blame the watermen; he blames the rigid rules made by politicians who rarely take the time to listen to rural people. That’s where Dave Harden sees an opening for himself, however slim.Democrats have to find a way to reconnect with rural America, Mr. Harden told me. Frank talk about regulations is a good place to start.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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      The Supreme Court Is the Final Word on Nothing

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      The U.S. Constitution contains several idle provisions: words, phrases and clauses that have little to no bearing on our constitutional order as it currently exists.Let’s start here: Article 3 of the Constitution gives the Supreme Court “original jurisdiction” in all cases affecting “Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party.” That part is obviously in effect, although most cases between states occur in the lower federal courts established by Congress. The Constitution then states that in all other cases, “the Supreme Court shall have appellate jurisdiction.” This, too, is in full effect.But then the Constitution tells us that the court’s appellate jurisdiction is subject to “such Exceptions” and “under such Regulations” as “the Congress shall make.”This is where it gets interesting. The court’s appellate jurisdiction accounts for virtually everything it touches. And the Constitution says that Congress can regulate the nature of that jurisdiction. Congress can strip the court of its ability to hear certain cases, or it can mandate new rules for how the court decides cases where it has appellate jurisdiction. And as I recently mentioned, it can even tell the court that it needs a supermajority of justices to declare a federal law or previous decision unconstitutional.There are real questions about the scope of congressional power to regulate the Supreme Court. If Congress has complete control over the court’s appellate jurisdiction, then there are no real limits as to what it could do to shape and structure the court, threatening the separation of powers. As James Madison said with regard to the Bank Bill of 1791, “An interpretation that destroys the very characteristic of the government cannot be just.”But this is nearly a moot point. The modern Congress has largely relinquished its power to regulate and structure the court. The final clause of Article 3, Section 2 is not quite a dead letter, but it is close.What is a dead letter (and which I’ve also written about before) is the Guarantee Clause of the Constitution, which states thatThe United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.The reason for the clause is straightforward. “The more intimate the nature of such a Union may be,” Madison wrote in Federalist No. 43, “the greater interest have the members in the political institutions of each other; and the greater right to insist that the forms of government under which the compact was entered into, should be substantially maintained.”But neither Congress nor the courts has ever said, with any precision, what it means for the United States to guarantee to every state a “republican form of government.” The most we have is Justice John Marshall Harlan’s famous dissent in Plessy v. Ferguson, in which he condemns “sinister legislation” passed to “interfere with the full enjoyment of the blessings of freedom, to regulate civil rights, common to all citizens, upon the basis of race, and to place in a condition of legal inferiority a large body of American citizens, now constituting a part of the political community.”This, he writes, “is inconsistent with the guarantee given by the Constitution to each State of a republican form of government, and may be stricken down by congressional action, or by the courts in the discharge of their solemn duty to maintain the supreme law of the land.”A Congress that wanted to could, in theory, use the Guarantee Clause to defend the basic rights of citizens against overbearing and tyrannical state governments. It’s been done before. After the Civil War, Radical Republicans in Congress found their constitutional power to reconstruct the South chiefly in the Guarantee Clause, which they used to protect the rights of Black Americans from revanchist state governments.Since Reconstruction, however, no Congress has wanted to use the Guarantee Clause to protect the rights and liberties of Americans. It’s a vestigial part of our constitutional history, atrophied from disuse.The same goes for sections 2 and 3 of the 14th Amendment. Section 2 states that “representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.” It then specifies that if the right to vote for federal office is “denied” or “in any way abridged, except for participation in rebellion” to “any of the male inhabitants” of such a state, then “the basis of representation therein shall be reduced” in proportion to the denial in question.Section 3 also deals with representation. It states thatNo person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid and comfort to the enemies thereof.The purpose of section 2 was to invalidate the Three-Fifths clause of the Constitution and to prevent state governments from disenfranchising Black voters. And the purpose of section 3 was to prevent former Confederate leaders from holding state and federal office. But while the 14th Amendment gives Congress the power to enforce its provisions by “appropriate legislation,” Congress has never exercised its ability to deny representation to states that violate the right of citizens to vote, nor has it used its ability to disqualify those lawmakers who have engaged in acts of rebellion or insurrection. In the wake of Jan. 6, Representatives Cori Bush and Alexandria Ocasio-Cortez called on Congress to investigate and expel members who aided the attack, but their demands went nowhere.It’s here that you can see why I think it’s important to talk about these seemingly idle provisions. As recent events have made clear, powerful reactionaries are waging a successful war against American democracy using the counter-majoritarian institutions of the American political system, cloaking their views in a distorted version of our Constitution, where self-government means minority rule and the bugaboos of right-wing culture warriors are somehow “deeply rooted” in our “history and traditions.”But the Republic is not defenseless. The Constitution gives our elected officials the power to restrain a lawless Supreme Court, protect citizens from the “sinister legislation” of the states, punish those states for depriving their residents of the right to vote and expel insurrectionists from Congress.They are drastic measures that would break the norms of American politics. They might even spark a constitutional crisis over the power and authority of Congress.But let’s not be naïve. The norms of American politics were shattered when Donald Trump organized a conspiracy to subvert the presidential election. They were shattered again when he sent an armed mob of supporters to attack the Capitol and stop Congress from certifying the votes of the Electoral College. And they were shattered one more time in the early hours of the next day, when, even after all that, hundreds of his congressional allies voted to overturn the election.As for the constitutional crisis, it is arguably already here. Both the insurrection and the partisan lawmaking of the Supreme Court have thrown those counter-majoritarian features of the American system into sharp relief. They’ve raised hard questions about the strength and legitimacy of institutions that allow minority rule — and allow it to endure. It is a crisis when the fundamental rights of hundreds of millions of Americans are functionally overturned by an unelected tribunal whose pivotal members owe their seats to a president who won office through the mechanism of the Electoral College, having lost the majority of voters in both of his election campaigns.The ground has shifted. The game has changed. The only question left is whether our leaders have the strength, fortitude and audacity to forge a new path for American democracy — and if they don’t, whether it is finally time for us to find ones who do.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

      Why on Earth Is Pelosi Supporting the Trumpists?

      by

      The Democratic Party is behaving recklessly and unpatriotically. So far, Democrats have spent tens of millions to help Trumpist candidates in Republican primaries.In Illinois alone, the Democratic Governors Association and Democratic Gov. J.B. Pritzker spent at least $30 million to attack a Trumpist’s moderate gubernatorial opponent. In Pennsylvania, a Democratic campaign spent hundreds of thousands of dollars on ads intended to help a Trumpist candidate win the G.O.P. gubernatorial primary. A political action committee affiliated with Nancy Pelosi worked to boost far-right Republican House candidates in California and Colorado.They are doing it because they think far-right Trumpist candidates will be easier to beat in the general elections than more moderate candidates.What the Democrats are doing is sleazy in the best of circumstances. If you love your country more than your party, you should want the best candidates to advance in either party. And in these circumstances, what they are doing is insane: The far-right candidates whom Democrats are supporting could easily wind up winning.Many Democrats, living in their own information bubble and apparently having learned nothing from 2016, do not seem to understand the horrific electoral landscape they are facing. They do not seem to understand how much their business-as-usual approach could lead to a full Republican takeover in 2025 — which as this week’s Jan. 6 insurrection hearing reminded us yet again, would be a disaster for our democracy.Many Democrats hope that the Supreme Court’s Dobbs decision will mobilize their voters for the coming midterms, and that seems to have happened, at least in the short term. But I’m convinced this election will primarily be about the economy and the existential state of the country. Things look extremely grim for the ruling party.A staggering 83 percent of Americans believe the economy is poor or not so good, according to a May Wall Street Journal-NORC poll. And an equally staggering 83 percent of Americans are dissatisfied with the way things are going in the country, according to a Gallup poll.Parties get punished when they make mistakes. Recently, Democrats have made the kind of mistakes that make voters furious.Liberal economists underestimated the inflation threat, and Democratic fiscal policy, ignoring that threat, seems to have escalated it. The Democratic Party as a whole became associated with progressives who saw policing simply through a racial injustice lens. That’s an important lens, but progressives ignored the public safety lens and were unprepared for the widespread public anger over the increase in crime.Similarly, many progressives argued that cancel culture wasn’t a thing or was being severely exaggerated. Americans who are afraid to think out loud think the left has become too censorious, and the Democratic Party once again is held guilty by association. Progressives have also largely failed to address the shortcomings of their governing model. The rampant inequality, homelessness and other social ills plaguing San Francisco and other cities are there for all to see.We are living in an age of menace, an age when people feel unsafe on a variety of fronts. These are ages when voters tend to flock to conservative parties, which they associate with law and order.And then there is the underlying problem, which has gone unaddressed since Donald Trump surged to his unexpected victory in 2016, which is that while Democrats support many popular policies, progressives are associated with a series of social and cultural values that are unpopular with most Americans. According to a new More in Common survey, 69 percent of Americans believe that America is a country where if you get a good education, develop your talents and are open to innovation, you can do anything. Only 36 percent of progressive activists agree with this.That’s just a basic difference in how people see the country, and time and time again Democratic politicians have been punished for the messages that come out of progressive educational and cultural institutions.The Republican Party has grown pretty extreme over the past few years. But it’s important to remember Americans believe that the Democratic Party has grown extreme, too. According to a CNN survey, 46 percent of Americans believe the G.O.P. is “too extreme” and 48 percent believe the Democratic Party is “too extreme.” My guess is that this is not about Democratic domestic policies, many of which are popular, but about progressive cultural and social stances. It’s about people feeling alienated from metropolitan elites.I’ve had a recurring mystification over the past six years: How is it possible that Democrats are not crushing these guys? The G.O.P. has worked full time to disgrace itself over these years. And yet experts expect the Republicans to easily retake the House and perhaps the Senate. That’s kind of amazing when you stop to think about it.And this is all going to get catastrophically worse for Democrats if the economy further deteriorates and if a recession comes.In 2020 Biden was the candidate who didn’t seem to be pinioned to the coastal elites. But Democrats are still being battered because of that association. And what are they doing to fix the problem? Spending money to support Trumpists.Those crazies could be running the country in a few years.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