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    R.B.G. Award Organizer Cancels Ceremony After Fallout Over Honorees

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    The Opperman Foundation said it would “reconsider its mission” but did not say whether those selected, including Elon Musk and Rupert Murdoch, would still receive the award.The organizer behind an honor named for Justice Ruth Bader Ginsburg, a lifelong champion of women’s rights and liberal causes, is canceling the award ceremony scheduled for April after facing blistering criticism from her family and friends over several of this year’s planned recipients.Justice Ginsburg helped establish the award in 2019, the year before she died. It was originally intended for “women who exemplify human qualities of empathy and humility,” but four of the five intended recipients this year are men. Among them are Elon Musk, the tech entrepreneur who frequently lobs tirades at perceived critics; Rupert Murdoch, the tycoon whose empire helped give rise to conservative news media; and Michael R. Milken, the financier who was a face of corporate greed in the 1980s and served nearly two years in prison before becoming a philanthropist.“The last thing we intended was to offend the family and friends of R.B.G.,” Julie Opperman, the chairwoman of Dwight D. Opperman Foundation, which awards the prize every year, said in a statement on Monday. She added: “The foundation is not interested in creating controversy. It is not interested in generating a debate about whether particular honorees are worthy or not.”Ms. Opperman explained that the reason for including men as recipients this year was to reflect and uphold Justice Ginsburg’s “teachings regarding equality.” The foundation “did not consider politics” but focused on selecting leaders who “have made significant contributions to society,” she said.Before the foundation released the statement, the children of Justice Ginsburg had demanded that their mother’s name be removed from the prize, which until this year was called the Justice Ruth Bader Ginsburg Woman of Leadership Award.Her daughter, Jane C. Ginsburg, a law professor at Columbia, said the choice of winners this year was “an affront” to the values the justice stood for.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      After R.B.G. Awards Go to Musk and Murdoch, Justice Ginsburg’s Family Objects

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      The children of Ruth Bader Ginsburg, who championed liberal causes and women’s rights, said the choice of recipients this year was an “affront” to the memory of their mother.When Justice Ruth Bader Ginsburg, a champion of liberal causes whose advocacy of women’s rights catapulted her to pop culture fame, helped establish a leadership award in 2019, she said she intended to celebrate “women who exemplify human qualities of empathy and humility.”But this year, four of the recipients are men, including Elon Musk, the tech entrepreneur who frequently lobs tirades at perceived critics; Rupert Murdoch, the business magnate whose empire gave rise to conservative media; and Michael Milken, the face of corporate greed in the 1980s who served nearly two years in prison. It has prompted family members and close colleagues of Justice Ginsburg to demand that her name be removed from the honor, commonly called the R.B.G. Award.In a statement, her daughter, Jane C. Ginsburg, a law professor at Columbia University, said the choice of winners this year was “an affront to the memory of our mother.”“The justice’s family wish to make clear that they do not support using their mother’s name to celebrate this year’s slate of awardees, and that the justice’s family has no affiliation with and does not endorse these awards,” Ms. Ginsburg said.Even as he declined to specify any of the recipients who he believed undermined the spirit of the award, Trevor W. Morrison, a former dean of New York University School of Law and one of the justice’s former law clerks, expressed concern that not all of them reflected the justice’s values.“Justice Ginsburg had an abiding commitment to careful, rigorous analysis and to fair-minded engagement with people of opposing views,” he said in a letter addressed to the organization that confers the awards, the Dwight D. Opperman Foundation. “It is difficult to see how the decision to bestow the R.B.G. Award on this year’s slate reflects any appreciation for — or even awareness of — these dimensions of the justice’s legacy.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Ruth Bader Ginsburg’s Collars, Captured by Camera

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      An exhibit at the Jewish Museum features photos of collars worn by the late Supreme Court justice.Good morning. It’s Friday. We’ll look at an exhibition of photographs of the collars that Justice Ruth Bader Ginsburg wore. We’ll also look at a Manhattan Democrat whose City Hall hopes were dashed in 2021 but who is now looking into challenging Mayor Eric Adams in 2025.Kris GravesIn the soft stillness of a museum gallery, you could forget that the photographs on the walls around you were shot under time pressure.Six minutes each, the photographer Elinor Carucci told me.The photographs, on view at the Jewish Museum in Manhattan, are haunting, almost three-dimensional images of collars and necklaces that belonged to Justice Ruth Bader Ginsburg of the Supreme Court.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      New Trump Cases Shadowed by Rocky Relationship With Supreme Court

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      Though he appointed three justices, his administration had the worst track record before the justices since at least the 1930s.“I’m not happy with the Supreme Court,” President Donald J. Trump said on Jan. 6, 2021. “They love to rule against me.”His assessment of the court, in a speech delivered outside the White House urging his supporters to march on the Capitol, had a substantial element of truth in it.Other parts of the speech were laced with fury and lies, and the Colorado Supreme Court cited some of those passages on Tuesday as evidence that Mr. Trump has engaged in insurrection and was ineligible to hold office again.But Mr. Trump’s reflections on the U.S. Supreme Court in the speech, freighted with grievance and accusations of disloyalty, captured not only his perspective but also an inescapable reality. A fundamentally conservative court, with a six-justice majority of Republican appointees that includes three named by Mr. Trump himself, has not been particularly receptive to his arguments.Indeed, the Trump administration had the worst Supreme Court record of any since at least the Roosevelt administration, according to data developed by Lee Epstein and Rebecca L. Brown, law professors at the University of Southern California, for an article in Presidential Studies Quarterly.“Whether Trump’s poor performance speaks to the court’s view of him and his administration or to the justices’ increasing willingness to check executive authority, we can’t say,” the two professors wrote in an email. “Either way, though, the data suggest a bumpy road for Trump in cases implicating presidential power.”Now another series of Trump cases are at the court or on its threshold: one on whether he enjoys absolute immunity from prosecution, another on the viability of a central charge in the federal election-interference case and the third, from Colorado, on whether he was barred from another term under the 14th Amendment.The cases pose distinct legal questions, but earlier decisions suggest they could divide the court’s conservative wing along a surprising fault line: Mr. Trump’s appointees have been less likely to vote for him in some politically charged cases than Justice Clarence Thomas, who was appointed by the first President Bush, and Justice Samuel A. Alito Jr., who was appointed by the second one.In his speech at the Ellipse on Jan. 6, Mr. Trump spoke ruefully about his three appointees: Justices Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett, suggesting that they had betrayed him to establish their independence.“I picked three people,” he said. “I fought like hell for them.”In a speech at the Ellipse on Jan. 6, 2021, Mr. Trump spoke ruefully about his three appointees and suggested that they had betrayed him to establish their independence.Pete Marovich for The New York TimesMr. Trump said his nominees had abandoned him, blaming his losses on the justices’ eagerness to participate in Washington social life and to assert their independence from the charge that “they’re my puppets.”He added: “And now the only way they can get out of that because they hate that it’s not good in the social circuit. And the only way they get out is to rule against Trump. So let’s rule against Trump. And they do that.”Mr. Trump has criticized Chief Justice John G. Roberts Jr. on similar grounds. When the chief justice cast the decisive vote to save the Affordable Care Act in 2012, Mr. Trump wrote on Twitter that “I guess @JusticeRoberts wanted to be a part of Georgetown society more than anyone knew,” citing a fake handle. During his presidential campaign, Mr. Trump called the chief justice “an absolute disaster.”When he spoke on Jan. 6, Mr. Trump was probably thinking of the stinging loss the Supreme Court had just handed him weeks before, rejecting a lawsuit by Texas that had asked the court to throw out the election results in four battleground states.Before the ruling, Mr. Trump said he expected to prevail in the Supreme Court, after rushing Justice Barrett onto the court in October 2020 in part in the hope that she would vote in Mr. Trump’s favor in election disputes.“I think this will end up in the Supreme Court,” Mr. Trump said of the election a few days after Justice Ruth Bader Ginsburg’s death that September. “And I think it’s very important that we have nine justices.”After the ruling, Mr. Trump weighed in on Twitter. “The Supreme Court really let us down,” he said. “No Wisdom, No Courage!”The ruling in the Texas case was not quite unanimous. Justice Alito, joined by Justice Thomas, issued a brief statement on a technical point.Those same two justices were the only dissenters in a pair of cases in 2020 on access to Mr. Trump’s tax and business records, which had been sought by a New York prosecutor and a House committee.The general trend continued after Mr. Trump left office. In 2022, the court refused to block the release of White House records concerning the Jan. 6 attack on the Capitol, effectively rejecting Mr. Trump’s claim of executive privilege. The court’s order let stand an appeals court ruling that Mr. Trump’s desire to maintain the confidentiality of internal White House communications was outweighed by the need for a full accounting of the attack and the disruption of the certification of the 2020 electoral count.Only Justice Thomas noted a dissent. His participation in the case, despite his wife Virginia Thomas’s own efforts to overturn the election, drew harsh criticism.Mr. Trump’s rocky record at the court offers only hints about how the justices will approach the cases already before them and on the horizon. His claim of absolute immunity appears vulnerable, based on other decisions from the court on the scope of presidential power.The case examining one of the federal statutes relied on by the special counsel in the federal election-interference case, which makes it a crime to corruptly obstruct an official proceeding, does not directly involve Mr. Trump, though the court’s ruling could undermine two of the charges against him.Mr. Trump’s rocky record at the court offers only hints about how the justices will approach the cases already before them and on the horizon.Erin Schaff/The New York TimesThe justices have been skeptical of broad interpretations of federal criminal laws, and the arguments in the case will doubtless involve close parsing of the statute’s text.The case that is hardest to assess is the one from Colorado, involving as it does a host of novel questions about the meaning of an almost entirely untested clause of the 14th Amendment, one that could bar Mr. Trump from the presidency. The case is not yet at the Supreme Court, but it is almost certain to arrive in the coming days.Guy-Uriel E. Charles, a law professor at Harvard, said the justices would have to act.“The Supreme Court is a contested entity, but it is the only institution that can weigh in and try to address this problem, which needs a national resolution,” he said. “There has been some loss of faith in the court, but even people who are deeply antagonistic to it believe it needs to step in.” More

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      Democrats Need to Pick Up the Pace of Putting Judges on the Bench

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      With the outcome of the 2024 elections for the president and control of the Senate very much up in the air, Democrats must make a concerted effort to fill federal judicial vacancies before next November.Republicans did this very effectively before the end of the Trump presidency, leaving few vacancies for President Biden to fill when he took office. Now the Democrats must emulate that approach. And they must do so now.At the moment, there are two vacancies without nominees on appeals courts and 37 on district courts. Because the evaluation process of nominees takes time, it is imperative that the Biden administration quickly name nominees to those and future vacancies. The Senate then must work expeditiously to confirm those deemed suitable for the lifetime appointments.Mr. Biden has nominated 186 people to Article III judgeships, which include the Supreme Court and the federal appeals and district courts, according to the White House. At this point in their tenures, George W. Bush had nominated 211, followed by Mr. Trump’s 206, according to the Heritage Foundation’s Judicial Appointment Tracker. There have been inexplicable and troubling delays in this process. For example, two years ago, Judge Diana Motz of the United States Court of Appeals for the Fourth Circuit in Richmond, Va., announced that she would take senior status, a form of semiretirement, when a successor was confirmed. She took senior status last year, though no replacement had been named at that time. And still no one has been nominated for this important judgeship.Time may be running out for the Biden administration.It is critical for federal judges who would like to be replaced by a Democratic president to take senior status so that Mr. Biden can appoint their successors with sufficient time to allow them to be confirmed by the current Senate. A federal judge or justice may take senior status after meeting the age and service requirements of the “Rule of 80” — the judge must be at least 65 years old, and the judge’s age and years of service must add up to 80. A total of 121 federal judges are now eligible for senior status but have not announced their plans, according to the group Balls and Strikes, which tracks that information. Of those, 44 were appointed by Democratic presidents. By Jan. 20, 2025, the date of the next presidential inauguration, that number could rise to 69.There is little reason for judges not to take senior status. They can continue to hear cases, even carry a full load of cases. And taking senior status allows the president to fill that seat on the bench. The judge can condition taking senior status on the confirmation of a successor. A senior judge typically is not allowed to participate in en banc decisions, where all (or a significant number) of the judges on the court review a matter that is particularly significant or complex. But that is the main restriction on what a senior judge may do.We are long past the time when it could be said that judges appointed by Republican and by Democratic presidents were indistinguishable. This was made clear in an analysis of Supreme Court rulings published in July 2022 by the data-driven news site FiveThirtyEight, which found the partisan divide among the current justices “is deeper than it’s been in the modern era.”And this partisan divide is not confined to the Supreme Court. There are often huge differences between how judges in the lower courts who were appointed by Democratic and by Republican presidents decide cases. For example, a federal appeals court recently upheld Tennessee and Kentucky laws prohibiting gender-affirming care for transgender minors, with the two Republican-appointed judges siding with the states and a judge initially nominated by President Bill Clinton dissenting. Whether it is reproductive rights or gun rights or employee rights, or in countless other areas, the outcome often depends on which president appointed the judge or judges hearing the case.For that reason, I wrote an opinion article in The Los Angeles Times in March 2014 urging Justice Ruth Bader Ginsburg, then 81, to retire so that President Barack Obama could replace her while there was a Democratic Senate and someone with progressive values would take her seat. She took offense at the suggestion, also raised by others, and remained on the bench until she died in September 2020, when President Trump replaced her with the conservative Justice Amy Coney Barrett. Justice Ginsburg gambled, and America lost.Likewise, I think of the liberal federal court of appeals judges who did not take senior status, though they were eligible during the Obama presidency. For example, Judge Stephen Reinhardt of the Ninth Circuit declined to take senior status; when he died at age 87 in 2017 President Trump replaced him with a conservative judge. By the time another liberal Ninth Circuit judge, Harry Pregerson, decided to take senior status in late 2015, he was 92, and though Mr. Obama quickly nominated a replacement, it was late in his term and got caught up in politics and President Trump ended up appointing another conservative to the seat.Creating vacancies will matter only if Mr. Biden quickly names replacements and the Senate confirms the nominees. If the president is not re-elected, the Republican president will fill any vacancies that exist upon taking office. And regardless of the outcome of the presidential election, if the Republicans take control of the Senate, the confirmation of judicial candidates nominated by a Democratic president will be far more difficult. That is why immediate action is imperative.A president’s most long-lasting legacy is arguably the judges he appoints. Many will serve for decades after the president leaves office. Republicans have tended to recognize this much more than Democrats. That needs to change, and quickly.Erwin Chemerinsky is the dean of the law school at the University of California, Berkeley.Source photographs by John Slater and SergeyChayko/Getty ImagesThe 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 Democratic Party Has an Old Problem and Won’t Admit It

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      President Biden’s advanced age (80) gets rehashed endlessly, because the human condition makes it inescapable. A deft politician can wait out almost any other liability: Scandals and gaffes fade over time; the economy bounces back; governing errors can be corrected. But Mr. Biden will never be (or appear) younger than he is today. The problem of his age will never fade.In our fixation on Mr. Biden’s age, we often gloss over the role the Democratic Party has played in promoting and lionizing its older leaders, then muddling through when illness or death undermines their ability to govern. The party’s leaders seem to believe implicitly in the inalienable right of their aging icons to remain in positions of high power unquestioned, long after it becomes reasonable to ask whether they’re risking intolerable harm.The party has come to operate more like a machine, in which lengthy, loyal service must be rewarded with deference. It is why Mr. Biden has not drawn a credible primary challenger, when polling and reporting alike suggest that Democrats are deeply anxious about his ability to mount a vigorous campaign and serve another full term.And it is that deference, from those who seek to protect Democratic leaders from all but the mildest criticism, that ensures that we keep reliving the same bad dream, where each subsequent election comes with higher stakes than the last. It leaves grass-roots supporters to see all their hard work — and democracy itself — jeopardized by the same officials who tell them they must volunteer and organize and donate and vote as if their lives depend on it. And for millions of younger voters, it becomes increasingly hard to believe that any of it matters: If defeating Republicans is a matter of existential urgency for the country, why is the Democratic Party so blasé about elevating leaders who are oblivious to the views of the young people who stand to inherit it?I peg the beginning of this recurring nightmare to the year 2009, when Senator Ted Kennedy’s death nearly derailed President Obama’s signature health care reform and ultimately deprived Democrats of their Senate supermajority, which they might have used to pass more sweeping legislation than they did. Eleven years later, Justice Ruth Bader Ginsburg also died in office. Her death was a hinge point where history turned and swept much of her substantive legacy into the dustbin; worse, it left living Americans to toil indefinitely under the legacy that replaced hers.There were gentle behind-the-scenes efforts and a robust public persuasion campaign meant to convince Justice Ginsburg to retire when Democrats still controlled the Senate and President Obama could have appointed her replacement, but there were plenty of liberals urging her to stick it out. Christine Pelosi, the daughter of Nancy Pelosi, who was then the House minority leader, cheered Justice Ginsburg for ignoring the calls for her to step down. “You Go Ginsburg! Resist that sexist Ageism,” she wrote.Despite all of this terrible history, we face a similar challenge today: an aging party, and a Democratic establishment not just unwilling to take decisive action to stave off disaster but also reluctant to even acknowledge the problem.When Senator Dianne Feinstein of California (90) developed complications from shingles earlier this year and was unable to fulfill her duties, leaving Senate Democrats unable to swiftly advance judicial nominations, the elder Ms. Pelosi framed the calls for Ms. Feinstein to step aside as a form of injustice. “I’ve never seen them go after a man who was sick in the Senate in that way,” Ms. Pelosi told reporters.She herself has ignored years of (gentle, always gentle) hints that it was time to step aside in favor of younger leaders with less political baggage. She did finally relinquish her leadership role in 2022, after losing the House majority for the second time in 12 years, but earlier this month, she said she would run for her House seat again.The end of Ms. Pelosi’s speakership has reduced the overall risk level somewhat. If she or Ms. Feinstein were to die in office, it wouldn’t be terribly destabilizing, the way it was when Mr. Kennedy and Justice Ginsburg died, and the way it would if Mr. Biden did. But it does feed the deeper and perhaps more insidious problem: a widespread sense of alienation among the young voters Democrats desperately need to turn out in elections.This should not go on. Liberals are apparently doomed to white-knuckle it through 2024, but there are affirmative steps Democrats could take to better allow younger leaders to displace older ones.Paradoxically, the G.O.P. may provide a model the Democrats can use. Although the Republican base is older, it does a better job insulating itself from gerontocracy than Democrats do. Republicans are obviously far from perfect champions of their own self-interest. Their penchant for personality cults has wedded them to Donald Trump, who also happens to be old, but they are vulnerable to charlatans of all ages. That’s in part because they take steps to reduce the risk that they lose power by the attrition of elderly leaders. Justice Anthony Kennedy timed his retirement so a Republican president could replace him; the House G.O.P. has cycled through several leaders over the past decade and a half, none of them terribly old. When Kentucky’s Democratic governor Andy Beshear defeated the Republican incumbent Matt Bevin, Mitch McConnell, the Senate minority leader, encouraged his allies in the Kentucky Legislature to circumscribe Mr. Beshear’s appointment power — to ensure partisan continuity in Washington, should a Senate seat become vacant. So although Mr. McConnell seems committed to serving out his term, he has a succession plan.Democrats could adopt a similarly hard-nosed attitude about retiring their leaders in dignified but timely ways. Republicans term-limit the chairs of their congressional committees, which guarantees senior lawmakers cycle out of their positions and make way for younger ones.Even just acknowledging this issue — and encouraging good-faith dissent — would boost Mr. Biden’s credibility with younger voters. While a political conversation that sidesteps this uncomfortable topic, along with any number of others, might soothe anxious partisans, it will leave them unprepared for hard realities.Democratic Party actors may be able to convince themselves that there’s something high-minded about muzzling this discourse entirely — that vigorous intraparty criticism is self-defeating, and that complaining about Mr. Biden’s age when nothing can be done about it is a form of indulgent venting that only inflames public misgivings about the president. But they’d be wrong. We can see without squinting that his advanced age has created meaningful drag on his polling, and that it is a gigantic problem for the Democratic Party if younger voters, who are overwhelmingly progressive, come to view it as a lifestyle organization for liberals who have grown out of step with the times. Airing out widely held frustrations with the party’s gerontocracy might persuade younger voters that their leaders get it, and that their time in power will come to an end sooner than later.Brian Beutler (@brianbeutler) writes Off Message, a newsletter about politics, culture and media.Source images by Liudmila Chernetska, Adrienne Bresnahan and xu wu/Getty ImagesThe 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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      Biden, Trump and the 2024 Field of Nightmares

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      In the bottom of the 10th inning of the sixth game of the 1986 World Series, with the Boston Red Sox leading the New York Mets 5-3, Red Sox manager John McNamara sent Bill Buckner — a great hitter dealing with terrible leg problems that made him gimp his way around first base — back out to play the infield instead of putting in Dave Stapleton, Buckner’s defensive replacement. A half-dozen at-bats later, a Mookie Wilson ground ball went through Buckner’s wobbly legs, sending the World Series to Game 7 and a certain 6-year-old Red Sox fan to bed in desperate tears.Those tears were my first acquaintance with the harsh truth of a baseball aphorism: The ball will always find you. Meaning that if you place a player where he shouldn’t be, or try to disguise a player’s incapacity by shifting him away from the likely action, or give a player you love a chance to stay on the field too long for sentimental reasons, the risk you take will eventually catch up to you, probably at the worst possible moment.Obviously, this is a column about President Biden’s age. But not only about Biden, because America has been running a lot of Buckner experiments of late. Consider the dreadful-for-liberals denouement of Ruth Bader Ginsburg’s career, where nobody could tell a lifetime-tenured Supreme Court justice who had survived cancer that it was time to step aside and Democrats were left to talk hopefully about her workout regimen as she tried to outlast Donald Trump. And she almost did — but in the end, her legacy was reshaped and even unmade by a decision to stay too long on the political field.Or consider the Trump presidency itself, in which voters handed a manifestly unfit leader the powers of the presidency and for his entire term, various Republicans tried to manage him and position him and keep him out of trouble, while Dave Stapleton — I mean, Mike Pence — warmed the bench.This managerial effort met with enough success that by the start of 2020, Trump seemed potentially headed for re-election. But like a series of line drives at an amateur third baseman, the final year of his presidency left him ruthlessly exposed — by the pandemic (whether you think he was too libertarian or too Faucian, he was obviously overmastered), by a progressive cultural revolution (which he opposed but was helpless to impede), by Biden’s presidential campaign and finally by his own vices, which yielded Jan. 6.Naturally, Republicans are ready to put him on the field again.These experiences set my expectations for what’s happening with Democrats and Biden now. The increasing anxiety over Biden’s lousy poll numbers, which I discussed in last weekend’s column, has yielded a defensive response from Biden partisans. Their argument is that the president’s decline is overstated, that his administration is going well and he deserves more credit than he’s getting and that, as Vox’s Ian Millhiser suggests, the press is repeating its mistake with Hillary Clinton’s email scandal and making the age issue seem awful when it’s merely, well, “suboptimal.”I do not think Biden’s decline is overstated by the media; by some Republicans, maybe, but the mainstream press is, if anything, treading gingerly around the evident reality. But I do think Biden’s defenders are correct that the effect of his age on his presidency has been, at most, only mildly negative. It’s limited his use of the bully pulpit and hurt his poll numbers, but his administration has passed major legislation, managed a foreign policy crisis and run a tighter ship than Trump.Where I have criticisms of Bidenism, they’re mostly the normal ones a conservative would have of any liberal president, not special ones associated with chaos or incompetence created by cognitive decline.But in running Biden for re-election, Democrats are making a fateful bet that this successful management can simply continue through two sets of risks: the high stakes of the next election, in which a health crisis or just more slippage might be the thing that puts Trump back in the White House, and the different but also substantial stakes of another four-year term.“The ball will always find you” is not, of course, an invariable truth. It’s entirely possible that Biden can limp to another victory, that his second term will yield no worse consequences than, say, Ronald Reagan’s did, that having managed things thus far, his aides, spouse and cabinet can see the next five years through.But the Trump era has been one of those periods when providence or fate revenges itself more swiftly than usual on hubris — when the longstanding freedom that American parties and leaders have enjoyed, by virtue of our power and pre-eminence, to skate around our weak spots and mistakes has been substantially curtailed.Even Millhiser’s proposed analogy for the fixation on Biden’s age, the Clinton email scandal, fits this pattern. “Her emails” hurt Clinton at the last because they became briefly entangled with the Anthony Weiner sex scandal. This was substantively unfair, since nothing came of the Clinton emails found on Weiner’s laptop. But it was dramatically fitting, a near-Shakespearean twist, that after surviving all of Bill Clinton’s sex scandals the Clinton dynasty would be unmade at its hour of near triumph by a different, more pathetic predator.So whether it’s certain or not, I can’t help expecting a similarly dramatic punishment for trying to keep Biden in the White House notwithstanding his decline.That I also expect some kind of punishment from the Republicans renominating Trump notwithstanding his unfitness doesn’t make me inconsistent, because presidential politics isn’t quite the same as baseball. Unlike in a World Series, there need not be a simple victor: All can be punished; all of us can lose.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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      Should Biden Announce That He Won’t Run Again?

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      More from our inbox:Solving New York City’s Housing ShortageSolace at the Beach Pool photo by Evan VucciTo the Editor:Re “Hey, Joe, Don’t Give It a Go,” by Maureen Dowd (column, Aug. 7):I can’t agree with Ms. Dowd that President Biden should declare himself a lame duck to protect his legacy. I can’t think of anything more out of his character than that. He doesn’t do things for himself. The nation’s well-being, not his legacy, is his central concern.Ms. Dowd begins by speaking of Ruth Bader Ginsburg, who “missed the moment to leave the stage,” and suggests that Mr. Biden’s time has come to leave. Good lord, he hasn’t even completed two full years in office yet. He has things to do and a nation to serve and protect. Just imagine how luckless he would be if he tried to do that as a lame duck.There’s time for him to leave, but this isn’t it. Maybe in the primaries, but maybe not.Roger CarlstromYakima, Wash.To the Editor:The Biden interregnum will be well remembered for bringing decency and sanity back to the Oval Office. He has come to be that “calming force for a country desperately in need of calming.” However, running for a second term at age 81 ignores the infirmities of age.If he should choose not to run again he would not become irrelevant; he would become a revered elder statesman who lived out his last hurrah on his own terms with renewed dedication and admirable resilience as manifested in his long career of public service. I am reminded of a quote from Orson Welles, who once said, “If you want a happy ending, that depends, of course, on where you stop the story.”Precision timing turns on recognizing the arc of one’s story and heeding the foreshadowed warnings with grace and knowing acceptance.Barbara Allen KenneyPaso Robles, Calif.To the Editor:The insistent chants for President Biden to announce that he will not run for a second term because he will be too old in 2024 is ageism pure and simple.If the “old dude in the aviators has shown he can get things done, often with bipartisan support,” as Maureen Dowd states, why not let him continue trying?Even if Mr. Biden is having second thoughts about re-election, why should he declare himself a lame duck president before it is necessary to do so? Does Ms. Dowd seriously believe that if he takes himself out of the running that “over the next two years he could get more of what he wants and then step aside?” Why don’t we ask the Republicans if they will cooperate?Mr. Biden has shown patience and perseverance. It comes with age and experience. Let us not sideline an old man just yet just because the cry is for “new blood.”Let Mr. Biden decide if and when to declare his candidacy.Eleanor M. ImperatoManhasset, N.Y.To the Editor:Thank you, Maureen Dowd, for saying what needs to be said. President Biden, I have been a longtime supporter and fan. What better opportunity for you to prove you’re not driven by ego but by principle? There is much still for you to accomplish. Make the most of this time. Show the American people a president who, untainted by political aspirations, is making decisions solely based on what’s best for the country.Diane LoveNew YorkTo the Editor:OK, let’s just say for the sake of argument that Maureen Dowd is right and Joe Biden shouldn’t run again. Then who do the Democrats have? We need somebody not just competent and visionary, but electable. That was my reasoning for voting for Mr. Biden in 2020.The Republicans obviously have Donald Trump and Ron DeSantis champing at the bit. I don’t think either of them would have a problem energizing the base.So if not Joe, who do we have?Dylan TaylorPhiladelphiaTo the Editor:Maureen Dowd has written what had to be said. Joe Biden must not run again, and he now has the perfect excuse to make his exit.Ruth Bader Ginsburg was a great example of overstaying one’s welcome. If only she’d retired when she had the best excuse in the world — her failing health — we might not today be living with this dystopian Supreme Court. Dear, dear President Biden: Please remember this and think of the scary consequences of your losing in 2024.It’s time for a younger candidate to take the reins of the Democratic Party. But he or she will need a couple of years to get his message out, and that means that Mr. Biden must announce now that he plans to be a one-term president.I love you, Joe, but you’ve given your all for the party, and it’s time to go.Clare ChristiansenOak Harbor, Wash.Solving New York City’s Housing ShortageTaylor Sicko moved out of New York City during the pandemic after she lost her job and was unable to afford rent. She has a new, remote job — based in New York — but she doesn’t want to move back.Rachel Woolf for The New York TimesTo the Editor:Re “Rising Rents, and No Cure on Horizon” (Business, Aug. 2):Your excellent story rightly diagnoses a major crisis facing the city — a decades-long failure to build enough housing to meet demand — but understates the responsibility that some local elected officials and anti-development activists bear for allowing it to spiral out of control.As noted, the city has committed a record $22 billion for housing — far more than any other city in the country. But all the money in the world won’t build the number of homes we need if local elected officials continue to block zoning changes that add additional density in their districts and NIMBY groups file frivolous lawsuits that delay new construction year after year.The City Council should work with the mayor to implement common-sense zoning changes and embrace opportunities to build new housing in their neighborhoods. Survey after survey has shown that the vast majority of New Yorkers are desperate for more affordable housing that will allow them and their children to stay in the city, and to assure we can retain the talented, diverse work force that makes the city the greatest in the world. It is time we made their wish a reality.Carl WeisbrodNew YorkThe writer is former chairman of the New York City Planning Commission.To the Editor:While elected officials are fighting tooth and nail to rezone neighborhoods, thousands of unoccupied rent-stabilized units sit vacant in New York City. Once a rent-stabilized unit becomes vacant, landlords are not required to rent out unoccupied rent-stabilized units to new tenants. Landlords are often incentivized to warehouse vacant rent-stabilized units, decreasing the availability of affordable housing in New York City.In the current housing market, applicants are entering rental bidding wars for market-rate units while vacant rent-stabilized units sprinkled across the five boroughs collect dust.Dena RosmanNew YorkSolace at the Beach To the Editor:Re “The Joys of Swimming While Fat,” by Phoebe Wahl (Op-Art, Aug. 13):Thank you so much for publishing a graphic depiction of a fat mommy who “risks” showing her body, her “redness and chafing and sweat” at the beach. She finds solace and peace swimming where she feels totally herself. Her struggles with internalized shame float away. No small feat!I can’t wait to share this with my life issues group for women who binge eat as a survival skill. Well put, Ms. Wahl. As women we need to stand up to “the burdens of patriarchy and society’s judgments” all the time!Arden Greenspan GoldbergNew YorkThe writer, a licensed clinical social worker, is a certified eating disorder specialist. More

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      Justice Breyer Should Retire Right Now

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      AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyJustice Breyer Should Retire Right NowIf he doesn’t, Democrats run the very real risk that they would be unable to replace him.Mr. Campos is a law professor who writes extensively about politics and the Constitution.March 15, 2021, 5:00 a.m. ETCredit…Simone NoronhaJustice Ruth Bader Ginsburg was widely, and deservedly, criticized for her refusal to retire from the Supreme Court at a time when a Democratic president could have chosen her replacement.Justice Stephen Breyer is making a similar and arguably even more egregious mistake.The evident indifference on the part of Democrats regarding the failure of Justice Breyer, 82, to announce his retirement is apparently a product of the assumption that he will do so at some point during the current Congress and that therefore whether he does so anytime soon is not particularly important.This is a grave mistake.Consider that because of the extremely thin nature of their Democratic Senate control, the shift of a single seat from the Democrats to the Republicans or even one vacancy in the 50 seats now controlled by the Democratic caucus would probably result in the swift reinstallation of Mitch McConnell as the majority leader.What are the odds that something like this — a senator’s death, disabling health crisis or departure from office for other reasons — will happen sometime in this Congress’s remaining 22 months?Alarmingly for Democrats, if history is any guide, the odds are quite high. Since the end of World War II, 27 of the 38 Congresses have featured a change in the party composition of the Senate during a session.The probability that such a shift may occur during this particular Congress may well be even higher than that. At the moment, no fewer than six Democratic senators over the age of 70 represent states where a Republican governor would be free to replace them with a Republican, should a vacancy occur.Five other Democratic senators represent states for which a vacancy would go unfilled for months, until a special election to fill the seat was held — which would hand the G.O.P. control of the Senate at least until that election and likely for the rest of the current Congress if a Republican wins that contest. (In the case of Wisconsin, such a vacancy might not be filled until 2023.)All things considered, the odds that Democrats will lose control of the Senate in the next 22 months are probably close to a coin flip.Under the circumstances, for Democrats to run the very real risk that they would be unable to replace Justice Breyer is unacceptable. Of course, the only person who is in a position to ensure that this does not happen is Justice Breyer himself.It is true that, under normal circumstances, a Supreme Court justice planning to retire generally waits until the end of a court term to do so. But these are not normal circumstances.Nothing illustrates the anti-democratic dysfunction of our political system more clearly than the current makeup of the Supreme Court. Two-thirds of the sitting justices were nominated by Republican presidents, even though Republican presidential candidates have lost the popular vote in seven of the nine elections, which determined who nominated these justices.And these justices were confirmed by a Senate that has become skewed so radically in favor of electing Republicans that the 50 senators who caucus with the Democrats represent about 41.5 million more Americans than the 50 Republican senators do.Under the circumstances, it would be a travesty if the Supreme Court seat occupied by Justice Breyer was not filled by a replacement chosen by Democrats.He should announce his retirement immediately, effective upon the confirmation of his successor. For him to continue to make the same gamble that Justice Ginsburg made and lost runs the risk of tainting his legacy as a justice and has the potential to be an anti-democratic disaster for the nation as a whole.Paul F. Campos is a law professor at the University of Colorado, Boulder, and writes about law and politics at Lawyers, Guns & Money.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.AdvertisementContinue reading the main story More