Jackson, Ketanji Brown (1970- )

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    The Supreme Court Has Earned a Little Contempt

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    Although the Supreme Court has been deciding cases at a glacial pace this term — and that with an almost comically small docket of only 59 merits cases — the justices have found other ways to keep busy. They have been spinning their ethical lapses (Justice Clarence Thomas), blowing off congressional oversight (Chief Justice John Roberts), giving interviews whining about public criticism (Justice Samuel Alito) and presenting awards to one another (Justice Elena Kagan to Mr. Roberts).In the cases it has decided, the Supreme Court has gutted an important provision of the Clean Water Act and made it easier for private litigants to mount constitutional challenges to an administrative agency’s structure or existence. Opinions still to come threaten to strike down everything from affirmative action in education to student debt relief to the Indian Child Welfare Act.Court observers might be tempted to describe all this as a relatively recent development, a function of the court’s 6-to-3 Republican-appointed supermajority. The University of Michigan law professor Leah Litman has called this the “YOLO court” (for “you only live once”), because of the majority’s apparent sense of liberation in pursuing long-held conservative goals. Mark Lemley of Stanford placed the beginning of the “imperial Supreme Court” in 2020.Mr. Lemley is right to decry the self-aggrandizing nature of the court. But his dating is somewhat off. Judicial self-aggrandizement has been in the works for a lot longer: It has been a hallmark of the John Roberts years.Over roughly the past 15 years, the justices have seized for themselves more and more of the national governing agenda, overriding other decision makers with startling frequency. And they have done so in language that drips with contempt for other governing institutions and in a way that elevates the judicial role above all others.The result has been a judicial power grab.Judges have long portrayed themselves as neutral, apolitical conduits of the law, in contrast to the sordid political branches. This portrayal serves to obscure the institution of the judiciary and to foreground the abstract, disembodied concept of the law. In turn, it serves to empower judges, who present themselves not as one type of political actor but rather as the voice of the majestic principles of the law.But Mr. Roberts’s judiciary has increasingly taken subtext and made it text. Here are three thematic examples out of many.Campaign Finance LawStarting with Citizens United in 2010, the Republican-appointed majority on the court has consistently struck down provisions limiting the influence of money in politics, including provisions that it previously upheld. In a 2014 case, Mr. Roberts wrote that campaign finance regulations that pursue objectives other than eradicating quid pro quo corruption or its appearance “impermissibly inject the government into the debate over who should govern. And those who govern should be the last people to help decide who should govern.”In this brief passage, Mr. Roberts implicitly distances his own institution from “the government” of which it is obviously a part, implies that the court stands outside the processes of governance, and suggests that there is something self-dealing and borderline corrupt about campaign finance laws passed by elected legislatures.In these same cases, the justices have described nonjudicial political speech in terms that make it sound kind of … icky. It involves “sound bites, talking points and scripted messages that dominate the 24-hour news cycle,” in Justice Anthony Kennedy’s words. This sort of speech deserves protection for the same reasons that “flag burning, funeral protests and Nazi parades” do, in Mr. Roberts’s.Yet there has been one glaring exception to the majority’s hostility to campaign finance regulations: In the context of state judicial elections, they have upheld restrictions that they would be highly unlikely to tolerate in the context of nonjudicial elections. Tellingly, these cases describe judges in a manner that starkly contrasts with how they have described nonjudicial officeholders.As Mr. Kennedy put it in a 2009 case about when campaign spending required a state judge to recuse himself, “Precedent and stare decisis and the text and purpose of the law and the Constitution, logic and scholarship and experience and common sense, and fairness and disinterest and neutrality are among the factors at work” when judges consider cases — a far cry from the “sound bites, talking points and scripted messages” of nonjudicial political speech.And in a 2015 case upholding a Florida law that forbade candidates for judicial office from personally soliciting campaign contributions, Mr. Roberts, anachronistically appealing to the authority of Magna Carta, wrote that judges “cannot supplicate campaign donors without diminishing public confidence in judicial integrity” and concluded that “judges are not politicians, even when they come to the bench by way of the ballot.”Mr. Roberts’s protestations to the contrary notwithstanding, judges are political actors, and striking down federal election laws is an aggressive act of governance by the judiciary. And the justices’ language in these cases, holding up judges as noble instruments of the law and denigrating other officeholders as power-grubbing and superficial, serves to reinforce and justify the notion that they are uniquely qualified to govern us.Congressional OversightOn one day in 2020, the court decided two cases dealing with very similar subpoenas for information about President Donald Trump’s financial and business dealings. One set of subpoenas came from congressional committees; the other came from a New York State grand jury.Mr. Roberts wrote both opinions. In the case dealing with congressional subpoenas, he worried that Congress may aim to “harass the president or render him ‘complaisan[t] to the humors of the legislature.’” Accordingly, the subpoenas must be superintended by the courts, lest the legislature “‘exert an imperious controul’ over the executive branch and aggrandize itself at the president’s expense, just as the framers feared.” (The internal quotations there are from the Federalist Papers to provide a patina of antiquity.) He thus announced a multipart balancing test that applies only when Congress seeks the personal papers of the president.While that decision made the president a supercitizen vis-à-vis congressional subpoenas, the other opinion emphasized that he is just a regular citizen when it comes to judicial subpoenas. Unlike Congress, apparently, a grand jury requires “all information that might possibly bear on its investigation.” Whereas Mr. Roberts worried about Congress harassing the president, “we generally ‘assume[] that state courts and prosecutors will observe constitutional limitations.’”Not only do these opinions stymie congressional oversight — the papers were not handed over to the committees until nearly two years into the Biden administration — they also do so using language that elevates judicial institutions while denigrating legislative ones.Federal RegulationCongress is not alone; administrative agencies also bear the brunt of the justices’ disdain. In a series of recent cases that, for example, struck down the E.P.A.’s clean power plan for addressing climate change, the Republican-appointed justices have invented the so-called major questions doctrine. If they consider an issue major — and they have not told us what makes a question major beyond “vast economic and political significance” or “earnest and profound debate across the country” — then they will not allow an agency to regulate in that manner unless Congress has clearly stated that it may.To use an analogy: If a majority of justices determine that eating an ice cream cone is a major question, then it is not enough that Congress has empowered the agency to “eat any dessert it chooses.” It must legislate that the agency can “eat any dessert it chooses, including ice cream cones.” But Congress has no way of knowing whether eating an ice cream cone is major until it sees what a majority of justices have to say about it.In justifying this doctrine, the justices have raised the specter of out-of-control bureaucrats intruding on the liberty of citizens, undermining legal stability, serving only special interests and invading the domain of the states.You might think that this doctrine is meant to protect congressional power, except that it dictates to Congress how it must legislate, despite the fact that Congress has no way of knowing in advance what issues will be considered major. Moreover, as the legal scholar Beau Baumann has noted, Justice Neil Gorsuch and his colleagues have justified the doctrine on the grounds that Congress is too eager to delegate to agencies in order to avoid political responsibility, so the courts must keep Congress in line. In other words, the justices are paternalistically claiming to protect Congress from itself.***In all of these areas and in plenty more, the justices have seized for themselves an active role in governance. But perhaps even more consequentially, in doing so, they have repeatedly described other political institutions in overwhelmingly derogatory terms while either describing the judiciary in flattering terms or not describing it at all — denying its status as an institution and positioning it as simply a conduit of disembodied law.This is the ideological foundation for the Roberts-era judicial power grab.It is also worth noting that this ideological project is bipartisan. Republican-appointed justices dominate the court and have for many decades, but their Democratic-appointed colleagues — while dissenting in many individual opinions — evince no desire to contest the underlying disdain for other institutions or elevation of their own. When Mr. Roberts recently refused to testify before the Senate Judiciary Committee, nothing stopped Justices Sonia Sotomayor, Elena Kagan or Ketanji Brown Jackson from volunteering to testify, but they did not. Nothing is stopping them from publicly calling for a binding ethics code or from questioning not just the correctness but also the legitimacy of their institution’s assertiveness, but they have not.Recognizing the justices’ ideological project also points to the beginning of the solution. We ought to begin talking about the justices the way we talk about other political actors — recognizing that their first name is not Justice and that they, like other politicians, should be identified by their party.We should stop talking about another branch’s potential defiance of a judicial opinion as an attack on “the rule of law” and instead understand it as an attack on rule by judges, one that may (or may not) be a justified response to some act of judicial governance. And those other branches should be more willing — as they have at other moments in American history — to use the tools at their disposal, including cutting the judiciary’s funding, to put the courts in their place.In recent years, the judiciary has shown little but contempt for other governing institutions. It has earned a little contempt in return.Josh Chafetz (@joshchafetz) is a law professor at Georgetown and the author of “Congress’s Constitution.” This essay is adapted from a forthcoming article in The St. Louis University Law Journal.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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      ‘Our Little Town’: A Fourth of July Parade Turned Deadly

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      More from our inbox:Justice Ketanji Brown Jackson’s Tough TaskElection Workers’ DignityA section of downtown Highland Park, Ill., where six people were killed and dozens injured at a parade remained sealed off as a crime scene on Tuesday. Mary Mathis for The New York TimesTo the Editor:Re “Gunfire Tears Into a Parade Near Chicago” (front page, July 5):Well, America, it has happened in our little town. You know our town, right? It’s the one people are sending thoughts and prayers to. It’s the town where people say, “We never thought this could happen here.” It’s the safe town with wonderful cops and a sense of community.It’s the suburban town where everyone takes their kids in red wagons or on tricycles with streamers to watch the Fourth of July parade. It’s the town where people are shot randomly by someone with a rifle.We are now in mourning. It’s now the town where pundits, who have never been here, will rattle swords and shriek to score points using dead people as chits. My town? It’s your town. It will happen again. Does this sound like freedom to you?Kevin TibblesHighland Park, Ill.The writer is a former NBC newsman.To the Editor:This Independence Day we hung at half-staff two of the six American flags that normally line our driveway every year. We did this to honor those six lives sacrificed in Highland Park.Their right to life, liberty and the pursuit of happiness was usurped by the intentional misrepresentation of the Second Amendment by a minority of Americans. May all those who profess to be pro-life search their souls to examine their stance on gun legislation and what being pro-life actually means.Marcella WoodworthVenice, Fla.To the Editor:As Profs. Joseph Blocher and Darrell A.H. Miller point out in “Is a Musket Similar to an AR-15?” (Opinion guest essay, July 2), the Supreme Court’s recent politicized ruling only creates confusion.Good.Civilized states that protect their citizens with strong anti-gun regulations should simply ignore the court and reinforce those regulations. This will cause court case after court case, which could go on for years, maybe decades. For all that time their citizens will be protected from the gun crazies. And with luck by then there will be a more sensible Supreme Court.Let’s not overlook the fact that the current interpretation of the Second Amendment is a willful misreading. The amendment has two parts. The first talks about the need for strong state militias — a concern at the time of the amendment’s adoption — and the second part, which depends on the first, talks about the right of individuals to own and bear arms. If the founders had not meant the second part to depend on the first, they would not have needed to include the first at all.Michael SpielmanWellfleet, Mass.To the Editor:Must each of us lose a loved one before the gun lobby is stopped?Robert DavidsonNew YorkTo the Editor:Re “I’m a New York City Liberal, and I Want a Gun,” by Laura E. Adkins (Opinion guest essay, nytimes.com, June 30):Ms. Adkins makes the case that she needs a handgun to protect herself from a former partner who has been harassing her. However, there are less lethal options for protecting oneself, such as stun guns, home security systems or taking self-defense classes.Ms. Adkins states, “And as soon as I am able to legally buy and carry it without too much hassle, I look forward to sleeping soundly.” I hope she never has to shoot and kill someone. If she does, she may never sleep soundly again.Paul R. BrownSilver Spring, Md.Justice Ketanji Brown Jackson’s Tough TaskJustice Ketanji Brown Jackson was sworn in on Thursday.U.S. Supreme Court Via ReutersTo the Editor:Re “Jackson Takes Oath, Becoming First Black Woman on Supreme Court” (news article, July 1):How sad that Justice Ketanji Brown Jackson is taking her place on the Supreme Court just as it has reached such a low point. She certainly deserves much better.It will no doubt be very difficult for her to serve on a court with the majority quite willing to undo, with such problematic reasoning, so much that she has spent her life supporting.Not only do they not seem to care about precedents, rights and the pain and even deaths their rulings will cause, but they also seem unconcerned about consistency in their justifications and about the embarrassment of citing as an expert on rights, in the Dobbs decision, someone who believed in witches and maintained that they should be tried and executed.Perhaps they have power and simply don’t worry about what people, nationally and internationally, think of them. But I do, and I find their actions shameful and disgusting.Linda BellDecatur, Ga.The writer is emerita professor of philosophy and director of the Women’s Studies Institute, Georgia State University.Election Workers’ DignityColorado’s secretary of state, Jena Griswold, speaking before the 2020 election about the state’s efforts to protect the voting process.David Zalubowski/Associated PressTo the Editor:Re “Violent Threats Continue Against Election Workers Despite Federal Efforts” (news article, June 30):Election workers are a backbone of our democracy. From county to county, they are our neighbors, ensuring that the voices of this country are heard. But as detailed in your article, local and state election officials increasingly work under threats of violence and endure harassment and abuse. The apparent goal, even well before the fall midterms, is to get them to throw in the towel on their jobs or bow to pressure in other ways.None of this is good for our democracy. It’s also harmful to the dignity of these workers, who provide a civic function for little or no compensation. These are now unsafe jobs.Task forces, like the federal Election Threats Task Force, are salutary, but their work needs to be highly visible and transparent to ensure that reporting mechanisms are known, deterrence is advanced and consequences are demonstrated.State and local governments need to work in tandem with such efforts and better support these civic-minded champions more broadly. Local media need to prioritize reporting these stories. And neighbors need to treat neighbors in ways that honor the dignity — the inherent value and worth — of each other.Jeffrey SiminoffSan FranciscoThe writer is senior vice president, workplace dignity, at Robert F. Kennedy Human Rights. More

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      Lisa Murkowski Bets Big on the Center in Alaska

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      ANCHORAGE — Sitting in a darkened exhibition room at the Anchorage Museum on a recent Tuesday morning, Senator Lisa Murkowski of Alaska conceded that she might lose her campaign for a fourth full term in Congress, where she is one of a tiny and dwindling group of Republicans still willing to buck her party.“I may be the last man standing. I may not be re-elected,” she said in an interview after an event here, just days after breaking with the G.O.P. to support confirming Judge Ketanji Brown Jackson, President Biden’s Supreme Court nominee and the first Black woman to serve there. “It may be that Alaskans say, ‘Nope, we want to go with an absolute, down-the-line, always, always, 100-percent, never-question, rubber-stamp Republican.’“And if they say that that’s the way that Alaska has gone — kind of the same direction that so many other parts of the country have gone — I have to accept that,” Ms. Murkowski continued. “But I’m going to give them the option.”In a year when control of Congress is at stake and the Republican Party is dominated by the reactionary right, Ms. Murkowski is attempting something almost unheard-of: running for re-election as a proud G.O.P. moderate willing to defy party orthodoxy.For Ms. Murkowski, 64, it amounts to a high-stakes bet that voters in the famously independent state of Alaska will reward a Republican centrist at a time of extreme partisanship.She has good reasons to hope they will. Though it leans conservative, Alaska is a fiercely individualistic state where the majority of voters do not align with either major political party. And under a new set of election rules engineered by her allies, Ms. Murkowski does not have to worry about a head-to-head contest with a more conservative opponent. Instead, she will compete in an Aug. 16 primary open to candidates of any political stripe, followed by a general election in which voters will rank the top four to emerge from the primary to determine a winner.Despite her penchant for defecting from the party line, Ms. Murkowski also has powerful help from the Republican establishment; Senator Mitch McConnell’s leadership political action committee announced last week that it had reserved $7.4 million worth of advertising in Alaska to support her candidacy.So she has embarked on a re-election campaign that is also an effort to salvage a version of the Republican Party that hardly exists anymore in Congress, as seasoned pragmatists retire or are chased out by right-wing hard-liners competing to take their places.“The easy thing would have been to just say, 20 years is good and honorable in the United States Senate. It’s time to, as I always say, it’s time to get my season ski pass at Alyeska and really get my money’s worth,” Ms. Murkowski said, referring to the nearby ski resort. “But there is a different sense of obligation that I am feeling now as a lawmaker.”Still, Ms. Murkowski, the daughter of a former Alaska senator and governor, faces a tough race. Her vote last year to convict former President Donald J. Trump at his impeachment trial on a charge of inciting the Jan. 6 attack on the Capitol prompted Alaska’s Republican Party to censure her and join Mr. Trump in embracing a right-wing primary challenger, Kelly Tshibaka.Ms. Murkowski is the daughter of a former Alaska senator and governor.Ash Adams for The New York TimesA view of Anchorage, the biggest city in a famously independent state.Ash Adams for The New York TimesAnd while there is now no Democrat going up against Ms. Murkowski in the race, it is not clear whether she can attract enough support from liberal voters to offset the conservatives who have been alienated by her stance against Mr. Trump. Many liberals have been angered by Ms. Murkowski’s opposition to sweeping climate change policies, as well as her support in 2017 for the $1.5 trillion Republican tax law that also allowed drilling in the Arctic National Wildlife Refuge.So Ms. Murkowski has been reminding voters of her flair for pursuing bipartisan initiatives, such as the $1 trillion infrastructure law that is expected to send more than $1 billion to her state, and promoting her strong relationships with Democrats. At an Arctic policy event in the Dena’ina Civic and Convention Center, she appeared with Senator Joe Manchin III, the centrist West Virginia Democrat, who was wearing an “I’m on Team Lisa” button and proclaimed, “I’m endorsing her 1,000 percent.”All of it is fodder for her staunchest opponents. Ms. Tshibaka, a Trump-endorsed former commissioner in the Alaska Department of Administration, has worked to paint Ms. Murkowski as a liberal and to rally the state’s conservative base against her. She is trying to capitalize on longstanding antipathy for the senator on the right, which was incensed when she voted in 2017 to preserve the Affordable Care Act and by her opposition in 2018 to Justice Brett M. Kavanaugh’s confirmation.“It’s time for a change. We feel forgotten,” Ms. Tshibaka told supporters at the opening of her Anchorage campaign office this month. “We feel unheard, and we don’t feel like these votes and decisions represent us.”Standing atop a desk, she urged them to “rank the red,” meaning to place her as their top choice without ranking any other candidate on the ballot.“We feel unheard, and we don’t feel like these votes and decisions represent us,” said Kelly Tshibaka, Ms. Murkowski’s leading challenger.Ash Adams for The New York TimesMs. Tshibaka, whose campaign did not respond to requests for an interview, told the crowd of supporters how Ms. Murkowski’s father, Frank, named his daughter to finish out his term as senator once he became governor in 2002, deriding what she called the “Murkowski monarchy.”Supporters grabbed slices of pizza and picked up bumper stickers, as well as decals that showed Ms. Murkowski embracing President Biden.“Nothing surprises me at this point. I don’t understand why she makes the decisions she makes,” said April Orth, 56, who called Ms. Murkowski’s vote to confirm Judge Jackson “an injustice to the people of the United States of America.”Ms. Tshibaka emphasized her conservative credentials and support from Mr. Trump, regaling the crowd with stories about her visit to the former president’s Mar-a-Lago resort in Palm Beach, Fla., for a campaign event. (The February event cost her campaign $14,477.10 for facility rental and catering, according to her latest campaign filing.)Joaquita Martin, 55, a paralegal, called Mr. Trump’s support “an incredibly powerful endorsement” of Ms. Tshibaka, adding that “I identify as a conservative, and Murkowski can call herself Republican all day long, but if that’s the definition of Republican, I’m out. That’s not me.”Ms. Murkowski’s decision to seek another term did not come lightly. Ms. Murkowski famously lost her Republican primary election in 2010 to a Tea Party-backed candidate, then ran anyway as an independent and triumphed in a historic write-in campaign with a coalition of centrists and Alaska Natives.April Orth, 56, is a supporter of Ms. Tshibaka. “Nothing surprises me at this point,” she said of Ms. Murkowski. “I don’t understand why she makes the decisions she makes.”Ash Adams for The New York TimesDeventia Townsend, a registered Democrat, and his wife, Charlene. “She has so much courage,” Mr. Townsend said of the senator. “She votes from her heart.”Ash Adams for The New York TimesOf the seven Senate Republicans who voted to convict Mr. Trump last year, Ms. Murkowski is the only one facing voters this year. She has not shied away from that distinction; she speaks openly of her disdain for Mr. Trump and his influence on her party. She has also supported Deb Haaland, Mr. Biden’s interior secretary and the first Native American to serve in the post, and boasted of her lead role in negotiating the infrastructure law.It has made for some unpleasant moments, she and her family say.“On one hand, had she chosen not to run, I would have been completely supportive because it’s just been like, ‘Damn girl, this has been a long haul,’” said Anne Gore, Ms. Murkowski’s cousin. “But on the other hand, you’re like, ‘Oh, sweet mother of Jesus, God on a bicycle — thank God you’re running’ because, you know, we can’t lose any more moderates.”While Ms. Murkowski has never secured more than 50 percent of the vote in a general election, this year she could stand to benefit from the new election rules, which advantage candidates with the broadest appeal in a state where most voters are unaffiliated.“I don’t think it changes their behavior, but it rewards behavior that is in line with the sentiment of all Alaskans, rather than the partisan few,” said Scott Kendall, a former legal counsel to Ms. Murkowski who remains involved with a super PAC supporting her re-election and championed the new rules.Mr. Kendall said his push for the statewide changes was independent from the senator’s campaign, arguing that his goal was “treating every Alaska voter the same and giving them the same amount of power.”There is little question that it has made for a friendlier landscape for Ms. Murkowski and appeals to the middle. At least one candidate, the libertarian Sean Thorne, jumped into the race because of the potential to prevail in a broad primary.For now, Ms. Murkowski is focusing on the basic needs of her state.Earlier this month, she stood, beaming, before about 1,200 local, tribal and community leaders who had flown across the state for a symposium explaining how Alaska stood to gain from the infrastructure law, which she singled out as perhaps her proudest accomplishment.“This is going to be an Alaska that is better cared for than ever before and an Alaska with a higher quality of life, whether you’re here in Anchorage or whether you’re in a remote village,” she declared. She mingled through the buzzing crowd, introducing herself as Lisa and embracing longtime friends.Ms. Murkowski’s campaign is focusing on the basic needs of her state and trumpeting the bipartisan infrastructure legislation that was passed last year.Ash Adams for The New York TimesTribal leaders talked about how the law would give them a chance to connect communities with broadband and ensure they had clean drinking water. A Kwethluk city employee waited to give the senator a handout describing a port project, while another village official asked for help with a broken washateria, first built in 1975, that had left them without running water since Christmas. And then there were the constituents who wanted a brief word about Ms. Murkowski’s work in Washington.Deventia Townsend, 62, a retired Army veteran and registered Democrat, had come to the forum with his wife, Charlene, to see if they could get help with some home repairs. But when he saw Ms. Murkowski, he stopped her to express his gratitude for her vote for Judge Jackson.“She has so much courage,” Mr. Townsend said of the senator. “She votes from her heart.”Later, at a pizza party at a local bar to benefit her campaign, Ms. Murkowski talked to supporters about her friendship with Mr. Manchin and long-gone titans of the Senate in both parties, name-dropping former Senator Daniel Inouye of Hawaii and quoting former Senator Ted Stevens of Alaska as she recalled a bygone era when camaraderie and common purpose tempered partisanship on Capitol Hill.Perhaps her own candidacy could prove there was still hope for that kind of politics.“You’ve got to demonstrate that there are other possibilities, that there is a different reality — and maybe it won’t work,” Ms. Murkowski said in the interview. “Maybe I am just completely politically naïve, and this ship has sailed. But I won’t know unless we — unless I — stay out there and give Alaskans the opportunity to weigh in.”Kitty Bennett More

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      Jackson Confirmation Aside, G.O.P. Sees an Opening With Black Voters

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      With inflation, war and the pandemic looming larger, Democrats who hope that the browbeating of Ketanji Brown Jackson will rally Black voters behind their candidates may be disappointed.The spectacle created by Republican senators with presidential ambitions as they browbeat the first Black woman nominated to the Supreme Court — after which 47 Republicans voted against her on Thursday — might have seemed like glaring evidence that the G.O.P. had written off the Black vote this November.Far from it. In rising inflation, stratospheric gas prices, lingering frustrations over Covid and new anxieties over the war in Ukraine, Republicans see a fresh opening, after the Obama and Trump eras, to peel away some Black voters who polls show are increasingly disenchanted with the Biden administration.Thanks to gerrymandering, Republicans need not win over too many Black voters to affect a handful of races, and dozens of Black Republican House candidates — a record number of them — are reshaping the party’s pitch.If anything, the G.O.P.’s treatment of the Supreme Court nominee, Judge Ketanji Brown Jackson, was a testimony to the party’s confidence that amid so many more powerful political forces and more consuming objects of public attention, their handling of her confirmation simply didn’t matter much.“I think the Black people that this would turn off weren’t voting for Republicans anyway, no matter what,” said Wesley Hunt, a Black Army veteran and a Republican newcomer to politics who is running for a deep-red Texas House seat.Senate Republican leaders had warned colleagues before the confirmation fight to keep the proceedings civil and cordial, clearly worried that the sight of a phalanx of white Republican inquisitors would turn voters off in an election year. But if Democrats still believe that Judge Jackson’s rough treatment will energize Black voters to come out this November and vote Democratic in big numbers, it appears likely that they will be disappointed.For frustrated voters of all colors who are struggling to pay their bills and fill their tanks, November’s vote may simply be a chance to vote against the party in power.“We are not a monolith,” said Jennifer-Ruth Green, a Black Air Force veteran who is running for Congress in Northwestern Indiana as a Republican. “We see inflation and gas prices. Voters are not stupid.”In Gary, Ind., Roshaun Knowles, 42, a cosmetologist taking a break at the Billco Barber Shop, summed up how the confirmation hearings would play as she considered her vote this fall. She said she had felt despair as an accomplished Black woman was interrogated by white senators who, she believed, lacked Judge Jackson’s intellect and poise.Roshaun Knowles said she had felt despair at the grilling of Judge Ketanji Brown Jackson by Republican senators but was unhappy with President Biden. “He hasn’t been doing anything,” she said. “What has he done?Carlos Javier Ortiz for The New York Times“To be in a room full of white people asking her questions about where she learned what she learned and what she is capable of — you know, it didn’t sit well with me,” Ms. Knowles said. “She should have been treated as a white man would have been treated,” she added.But, she said, vaccine mandates cost her a job as a property manager for a housing authority after she refused to get the shot. Stimulus checks kept too many people out of the work force. And President Biden? “He hasn’t been doing anything,” she said. “What has he done?”Ms. Knowles said she was leaning toward voting Republican this fall, as she did in 2020, when she voted for Donald J. Trump, after voting for Hillary Clinton four years before and for Barack Obama twice.Republicans on the campaign trail and over the airwaves are pressing the image of a faltering Democratic leadership that has no clue how to handle economic uncertainty, the persistent pandemic and rising crime. When Republican officials are asked about the party’s strategy toward Black voters, they invariably call on the few Black Republican elected officials and candidates to make the pitch. But tellingly, Black Republican candidates such as Ms. Green and John James, who is running for a Michigan House seat, are not advertising their party affiliations, just their biographies — a sign that the G.O.P. brand remains toxic in some corners.And Republican outreach efforts amount to little more than seizing on Black disaffection with Democrats.Paris Dennard, director of Black media affairs for the Republican National Committee, said the party had opened eight community centers nationwide to engage Black voters. Candidates like Mr. Hunt are proof that the party’s message is inspiring Black Republicans to run, he said.But a message focused on Democrats’ shortcomings deprives Black voters of hearing about policies they actually want, said Leah Wright Rigueur, author of “The Loneliness of the Black Republican: Pragmatic Politics and the Pursuit of Power.”“It’s an incredibly effective strategy, but it’s also insidious,” said Dr. Rigueur, an associate professor of history at Johns Hopkins University. “It only works when there’s that dissatisfaction with the Democratic Party.”It does work, however, even with Black voters who during the Obama and Trump years were remarkably united behind the Democratic Party.“I don’t think Biden’s really even in office,” Robert Sanders scoffed as he cut hair in Gary, echoing criticism from the political right about the 79-year-old president. “I think he’s being escorted through office.”The softening of Mr. Biden’s approval among Black voters is a clear warning to Democrats. Approval of the president among Black registered voters slid to 62 percent in March from 83 percent last summer in an NBC News poll and was not affected by the Supreme Court fight, said Bill McInturff of Public Opinion Strategies, a Republican polling firm that conducted the survey with the Democratic firm Hart Research.The percentage of Black voters in the poll who said they strongly approved of the president’s performance fell to 28 percent last month, from 46 percent between April and August of last year. And intensity of support predicts turnout in elections.Cornell Belcher, a Democratic pollster who is Black, said polls were picking up a reversion to the days before Mr. Obama energized Black voters positively and Mr. Trump then energized them negatively. Before 2008, he noted, it was normal for 12 percent to 14 percent of the Black electorate to vote Republican.“What is more problematic is the lack of energy levels among younger voters, particularly younger African Americans,” Mr. Belcher said, noting that young voters of color in 2018 had delivered Democrats the House. “It’s a not-excited, disenchanted, frustrated, younger electorate right now, more like the electorate of 2014 and 2010 than 2018 — and that’s disastrous.”Democratic officials say they are responding with Black voter mobilization projects that have started earlier than in previous midterm cycles. Last spring, the Democratic Congressional Campaign Committee hired organizers in five battleground states to focus on key Democratic constituencies. On Thursday, the committee announced a new round of ad purchases with Black news outlets.Chris Taylor, a committee spokesman, said efforts by Republicans to court Black voters were disingenuous given the voting records among those in the party on pandemic relief, criminal justice reform and clean air and water legislation.“Nearly every Republican in Congress opposed our priorities,” said Mr. Taylor, who is Black.Because of gerrymandered district lines, most Republican candidates for the House do not need many — if any — Black voters. But in districts like Indiana’s First, with its narrow Democratic lean and a Republican target on its back, a Republican challenger will need to make inroads with Black voters, or at least hope for soft turnout for Democrats.Mr. Cruz talking with Senator Josh Hawley and Senator Marsha Blackburn during a break in the confirmation hearing for Judge Jackson last month.T.J. Kirkpatrick for The New York TimesJudge Jackson’s rough reception does not appear to be a threat to that hope. Even Black voters who watched the hearings attentively were surprisingly forgiving of her Republican inquisitors.“I don’t think she was treated fairly,” said Greg Fleming, 72, a financial adviser in Gary. “But that’s the way things are in this country. In today’s climate, unfortunately, it’s to be expected.”Like Indiana’s First, Georgia’s Second District still leans Democratic, but if a candidate can chip into its rural Black vote, he has a strong chance. For Jeremy Hunt, an Army veteran and Black candidate running in the Republican primary to challenge Representative Sanford Bishop, a long-serving Democrat who is also Black, the Supreme Court is not part of his calculus.“We can talk about Republicans versus Democrats, but ultimately, that’s not what voters want to hear from us as leaders,” Mr. Hunt said. “There is a huge temptation to get into national-level stuff and make it about what’s going on, you know, on different levels, but a big part of our campaign is keeping it local.”Still, when he talks about what is afflicting local farmers and truckers, Mr. Hunt said, he invariably comes back around to the economy, gas prices and inflation.Black voters were the most likely to say they were personally falling behind because of inflation, according to the NBC News poll. And that is producing anxieties that Republicans are eager to exploit.Representative Byron Donalds of Florida, one of two Black Republicans in the House, said Republicans had nothing to apologize for in the Jackson confirmation process.Stefani Reynolds for The New York TimesRepresentative Byron Donalds of Florida, one of two Black Republicans in the House, said: “We’ve got rich Black people. We’ve got rich white people. We have poor Black people. We have poor white people. If you’re poor in the United States, you’re feeling the effects of $4.30 gasoline. You’re feeling the effects of home heating oil prices that have gone up 60 percent. You’re feeling the impacts of meat and bread and milk, all going up dramatically.”Mr. Donalds said he had watched most of Judge Jackson’s hearings and had seen nothing that Republicans needed to apologize for.“Never once did they go into her personal life,” he said. “Never once did they go into her personal background. Never once were their accusations about her character.”With Democrats disappointing and Republicans offering a weak alternative, some Black voters said they didn’t know where to turn politically.In Gary, Mr. Fleming said he worried about the rising power of the Democratic left wing. But until more Republicans drop their “conspiracy theories” and extreme comments, he said, they weren’t much of an option.“I mean, they thought everything that happened on Jan. 6 was AOK? That’s crazy,” Mr. Fleming said. “If a Mitt Romney-type Republican ran, I could go for that. But Republicans, they’re on another planet right now. I can’t even call them far right. They’re defying gravity.” More

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      Four Opinion Writers on How the G.O.P. Fringe Took Over American Politics

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      Lawmakers in Ohio this week proposed legislation that would restrict discussion of sexual orientation and gender identity in schools, borrowing from Florida’s “Don’t Say Gay” law. It’s the latest in a raft of culture-war legislation in Republican statehouses aimed against abortion, transgender rights, L.G.B.T.Q. rights and critical race theory.Meanwhile, Democrats are struggling to advance a national agenda amid spiraling inflation and energy prices.The Times columnists Jamelle Bouie and Ezra Klein join the Times Opinion podcast hosts Jane Coaston and Lulu Garcia-Navarro to discuss these and other issues.Their conversation, recorded Thursday morning, is available in the audio file and the transcript below.Four Opinion Writers on How the G.O.P. Fringe Took Over American PoliticsThe following conversation has been edited.Lulu Garcia-Navarro: Ezra, I’m going to start with you. The thing that strikes me about these Republican bills is that they’re staking ground on some things that are not necessarily popular with the majority of voters. That would seem to suggest to me that there’s political risk in doing them, but instead these laws have been copied from G.O.P. statehouse to G.O.P. statehouse. Why do you think that’s happening, in your view?Ezra Klein: So I think there are a couple of levels you can think about these bills on. One is to think about what you might imagine as the modal Republican strategy for a year like this. Every Republican could spend the next couple of months just saying, “Huh, gas prices are pretty high, aren’t they?” And that would be it. They would win the midterms. It would be done.And instead, the Republican Party, in part due to the incentives of modern media, in part due to the example offered by Donald Trump and how he shot to prominence and then ultimately to the presidency, has become extraordinarily attention-hungry among its rank-and-file legislators. And so if you can create the next culture-war kernel by passing a really brutal piece of legislation — and these are brutal pieces of legislation that will hurt a lot of very just ordinary kids who need some help — then you can catapult to the center of the national debate.So I don’t think Mitch McConnell wants to be having this conversation. I don’t think Kevin McCarthy wants to be having this conversation. I think they want to talk about how Joe Biden is a failure. But the Republican Party doesn’t have that kind of control over its own structure and its own institutional members now. And so at a time when there’s a lot of tailwinds for them, they are nevertheless pulled along by the more extreme and attention-driven members of their own caucus.Lulu Garcia-Navarro: It’s kind of like applying the attention economy to legislation. Jamelle, what are your thoughts?Jamelle Bouie: I largely agree that this is an attempt to do something like what Trump did: capture attention, generate energy amongst one’s most fervent supporters. Sort of draw the opposition into an argument and hope that you’re able to frame the argument in your direction, and capture the attention of people who may just be marginally paying attention to the whole thing.There’s a good case to make that Republicans can be successful at this precisely because they have this very sophisticated media apparatus: not just Fox News, but a broad constellation of outlets and different modes of delivery that allow them to, if not shape a message from its inception, then shape how its supporters receive any given message or any given piece of information.Having said that, I do think that Republicans are making something of a strategic mistake based on a misunderstanding of how Donald Trump was able to get into a position to win the presidency in the first place. And that is, Trump — as much as he calibrates anything — calibrated the kinds of offense that he caused. And so he both leveraged and utilized nativism, and racism, and these sorts of things, but he also presented himself as pretty liberally minded on L.G.B.T. rights, even though that his likely appointments and nominations were not going to be that. He himself presented himself as, I’m a New York libertine, so of course I have no problem with the L.G.B.T. community.He presented himself obviously as more of a moderate on economic policy, on the social safety net, which also appealed to voters who like Medicare, and like Medicaid, and like Social Security, and don’t want to give those things up to vote for a Republican. And I think that the Republican politicians, Republican officials, they may be generating a lot of fervent enthusiasm amongst their strongest supporters. But it’s unclear to me whether this is going to really make an impact with voters at large.I mean, I live in Virginia, and we just had our gubernatorial election last year. And for as much attention as the C.R.T. stuff got in the Virginia gubernatorial race, later analysis suggests that it wasn’t the C.R.T. stuff that drove Glenn Youngkin’s victory. It was traditional kind of midterm backlash to the party in power. And also, Youngkin ran on lowering the grocery tax and increasing teacher pay. So, bread-and-butter issues are what helped attract a lot of voters to him.Lulu Garcia-Navarro: So you’re saying that maybe these very controversial things that the G.O.P. is enacting are kind of a sideshow to what really matters for voters. Jane, I want you to jump in, because G.O.P. strategy aside, these laws are having real-world consequences, as Ezra said, that will be hard to undo. It wasn’t so long ago that same-sex marriage was legalized in this country, and it seemed that things had turned a corner. Why do you think this is the issue the G.O.P. are trying to mainstream, and where do you think it’s going?Jane Coaston: Well, I mean it’s because we live in hell.But it is interesting how repetitive this strategy is. I went back to some old Times pieces talking about the Southern Baptist Convention’s boycott of Disney, because Disney started offering same-sex health care benefits in 1995. I think that for anyone who is L.G.B.T. and over the age of 30, this all seems very repetitive.Ezra noted that one of the challenges that the G.O.P. is having now is that they’ve got this wave of people who are just screaming, “OK, groomer,” at literally any L.G.B.T. person on the internet. And then you’re having National Review articles, like, “Maybe don’t say that?” And no one’s listening.But I think that part of this is because these issues have to do, one, with a conceit of what L.G.B.T. people are and how L.G.B.T. people become L.G.B.T. I think we’ve seen over the last couple of days, some social conservatives who essentially argue that bills like in Florida, which keep being posited as being about sex ed — they aren’t about sex ed. There’s no mention of sex education or sexual activity in that bill. It mentions sexual orientation and gender identity. But the idea is that if you simply do not ever let people know that there is such thing as gay or trans people, then people will not be gay or trans.Rod Dreher, the conservative writer said that, oh, no, no, when we’re talking about grooming, we’re not talking about pedophiles — which is ridiculous. But he essentially said that, oh, it means that an adult who wants to separate children from a normative sexual and gender identity to inspire confusion in them, which just reminds me of Anita Bryant in 1978, essentially arguing that homosexuals must recruit, and that all children are cisgender and heterosexual until something happens.I guess I just keep thinking, like, I saw the movie “Mannequin” once when I was a kid. And that was it! It just did it. I saw Kim Cattrall and that was it, I was off to the races.But I also think that for as much as Trump held a Pride flag and made some bones out of performatively not caring about the “debate” about L.G.B.T. rights and L.G.B.T. people, that’s not to say that people within the conservative caucus stopped caring. They are still mad about Bostock. They’re still mad about Obergefell.For people who are troubled by trans rights, and specifically the rights of trans kids, I think that you’re seeing a lot of people who are like, “Oh, you’re just being homophobic. You’re yelling at teachers who mention that they’re gay. You’re very upset about gay and lesbian kids, gay and lesbian parents.” That’s something that we keep needing to relearn: that there is no part of the L.G.B.T. community that’s OK for some social conservatives. It’s not as if like, “Trans rights went too far, but we’re totally fine with gay couples. We’re totally fine with everything like that.” That might have been how it was parlayed, but that was never true.Lulu Garcia-Navarro: You all seem to agree on this fundamental point that there’s a great deal of danger for the G.O.P. in pushing these culture-war issues.Jane Coaston: I mean, I want to be clear here because I don’t think that the danger is not to the Republican Party. I think that there’s a good chance that at the end of this year they win in the midterms having an entirely different messaging set. What I do think is that the real risk is to L.G.B.T. people and to see L.G.B.T. people as a danger once again. This is the caravan, but even more so because this has been going on for 50 years.Ezra Klein: I want to add something also to that, that Jane’s comments jogged for me, because one of the dangers is the composition and motivating energies of the Republican coalition. And I think a story you could tell about conservatives over the past 10, 15, 20 years is this constant mainstreaming, this constant effort to figure out how to harness the energy of the most toxic parts of their coalition that two years earlier they were pushing to the side. So birtherism is a relatively fringe movement that becomes the core of the party. They nominate the guy who is leading the birther charge a few years after most of the more sober politicians are pushing it to the side. And this, “OK, groomer” stuff, this is the mainstreaming of QAnon. I think it’s important to be very clear about this.I mean, to coin a term here — I’m in California, so there’s a fair amount, or was a fair amount, of Woo-Anon out there, like yoga-doing QAnon followers — but this is “Trad-Anon,” right? This is a point where the traditional Christian conservative coalition is finding a way to meet the QAnon energy and come up with this strange —Jane Coaston: It’s a secular fundamentalist religion. It’s QAnon, but they’ve taken — you don’t hear talk about traditional marriage anymore. You don’t hear talking about sincerely held religious beliefs. This is not the RFRA fight of 2015, 2016. This is QAnon, but an areligious QAnon.Ezra Klein: Well, it’s both, right? Because on the one hand, you have a Rod Dreher version of it, which is very, very Christian, “We’re trying to protect traditional gender roles.” It’s why he’s out there tweeting that Viktor Orban in Hungary is now the leader of the entire West. And on the other side you have this groomer thing, which is an attempt to take QAnon’s view — which is one reason it’s resonating on the far right — that all of politics is an effort by Democrats to protect pedophiles and then find some way to sort of wink, wink that you’re on board with that view of politics while saying it’s actually a little bit about something else.And so this is just one of the dimensions of it that I find really unnerving. Countries live or fall on how well they police the fringes in their political parties. And the Republican Party is so unbelievably bad at doing it. And every two years you think they can’t possibly be worse at not keeping out the worst elements of their party. And they show you, no, no, no, no, they’re going to bring those people into the core, too.Lulu Garcia-Navarro: Jamelle, I want to ask you this, though, because we’ve been talking a lot about the G.O.P., but what can be said about the Democrats? Because what is always fascinating to me is that you have Democrats that have policies that enjoy broad support. But they can’t seem to get their agenda passed while they are in power. I mean, one thing is the G.O.P. and what they’re doing. But it seems like the Democrats can’t seem to get traction on things that enjoy broad support.Jamelle Bouie: I think there are a few things here. I mean, in terms of getting policies through Congress, they just don’t have the votes. They’re reliant on their majority in the Senate — in particular on one senator, Joe Manchin, whose entire political brand kind of depends on him publicly being an obstacle to Democratic priorities, and then another senator, Kyrsten Sinema of Arizona, who seems to want to try to cultivate a kind of John McCain maverick energy, which for her also means publicly and visibly standing in the way of Democratic priorities.And so I think this picture would look very different if there was one more or two more senators, right? If Cal Cunningham in North Carolina had won, if Susan Collins’s opponent in Maine had won, we’d be looking at a very different situation than we are now.But I think beyond the problem of winning elections and having a larger majority, which is just ultimately what the issue is here, I do think Democrats have adopted a faulty idea of what is going to drive political success. It’s very clear that the idea Democrats had going into 2021 was if they just delivered economic growth, and they delivered policies, and they kept their heads down and did hard work, then that would produce a public that was inclined to re-elect Democrats.But what seems to be happening, what Republicans seemed to have figured out, is that the actual popularity of the things you’re saying may be a little less important than your ability to seize attention, drive conversations, create a strong impression in the minds of people. And I don’t think Democrats have really been doing that. And I think that the arguments over these bills are actually a good example of it.I think the Democratic Party is having a hard time figuring out exactly how to go about pushing against this stuff because it runs into this theory of the case they have. There doesn’t seem to be an inclination to really just swing — to make what may sound like outlandish accusations, but that push strongly against the messaging and the rhetoric coming from the Republican Party.Ezra Klein: I think that Jamelle gets that right, on both the levels. The reason the Democrats can’t pass bills is they don’t have enough votes to pass them. It’s as simple as that. It’s not a messaging problem, fundamentally. Although, I will say that the point of Joe Biden is that he was going to be good at negotiating with egotistical, hard-to-deal-with members of the U.S. Senate.And I do worry about a sense of resignation that has set in at the White House around Joe Manchin. I would like to see more constant efforts at trying than I’m currently seeing. They seem to be letting their poor relationship with Manchin simply deteriorate when they need to be figuring out how to fix it. And at least from my reporting, what I can tell, I’m not seeing it.Lulu Garcia-Navarro: But Ezra, I want to ask you this about the Democrats. I mean, it is a numbers game. Of course it is. But on the other hand, I don’t see Democratic leaders really standing up and saying, this is the ground that I’m going to die on, this is the hill that has to be crested, in the same way that the Republicans are on these very controversial bills.Ezra Klein: So, one, I don’t think that it’s the national Republicans who are trying to make the controversial bills the center of it. But to this broader point you’re making, and to something Jamelle said, the Democratic leaders have had a theory that they’re going to push popular bills. They’re going to try to pass those bills and they’re going to try to run on them.And that theory basically has failed. They passed the American Rescue Plan. It was a very popular bill. They tried to run using it to generate more momentum for Build Back Better. They did not get Build Back Better passed, and now the child tax credit is expiring. And now they’ve fundamentally lost agenda control.So it’s like, the agenda is now Russia, which is a world event. They can’t do anything about that. And I think broadly speaking, Joe Biden’s been doing a good job, with the exception of occasional ad-libs. And then there’s inflation, which they’re also really struggling with and to some degree bear some responsibility for.What they are not doing is the other side of populism, which I think of as unpopularism. And agenda control in American politics comes from courting, choosing, engaging in controversy. For something to dominate the news, it needs the energy of not just support but opposition. That’s why some of these G.O.P. bills in Florida and elsewhere are dominating the news in the way they are.There are things that Joe Biden could do that would have that internal electricity. They could cancel student loan debt. I don’t know that they think that’s a good idea at the moment. But if they decided to actually try, which is something Chuck Schumer wants them to do, something Elizabeth Warren wants them to do, that would be controversial enough that it would reshape the agenda. American politics would be seized by arguments over whether or not canceling student loan debt is a good idea, and that might be territory more favorable to them. I do not myself understand what fights Democrats want the 2022 election to be over. They seem to me to be in a fundamentally quite reactive place right now —Jamelle Bouie: Yes.Ezra Klein: — responding to world events, responding to every month’s economic news drop. And at some point, if they want to do anything differently than that, they’re not just going to have to choose which popular things they say. They’re going to have to choose which controversial things they say, such that Republicans and others engage on the other side, and the locus of American political conflict moves back onto ground they’ve chosen.Jamelle Bouie: An example of this, pulling from what we’ve been talking about, is if Joe Biden were to, on Friday, give a national speech — from the Oval Office, from the Rose Garden, wherever, a big national set piece speech denouncing the Republican Party as embracing gross homophobia, this would be controversial. People would get upset. But it would seize the agenda. It would reorient things toward talking about these issues on ground that might be more favorable to Democrats. And I see no indication that Democratic leaders are even thinking in those terms.Lulu Garcia-Navarro: Jane, I want to think about this idea of unpopularism, that the Democrats, as Ezra says, are not wanting to push something that might not have broad support. But of course, there is someone who loves to do that a lot: Trump. And I am wondering about what you see his role is coming up in the 2022 midterms. Because we have him endorsing a lot of candidates, including Sarah Palin for Congress this week, targeting some major G.O.P. incumbents who have stood up to him, like Lisa Murkowski and Gov. Brian Kemp of Georgia, all the while still peddling the big lie. How much influence do you see him having these days? And how should we regard Trump as a force in politics, a force in society — and, I guess, are those two the same thing?Jane Coaston: I know that I’m probably the only extreme sports fan on here. But I feel like sometimes when we’re talking about Democratic strategy, it’s like, if only they would run the offense we think they should run, they would win. I actually don’t know what Democrats should do or what would be best. There’s what I would want them to do, and I don’t know if it would work.But as to Trump, I think what you’re going to see is actually a decline in his influence, because he absolutely will not move on past the 2020 election. He can’t do it. He is physically unable to do so. And you’re seeing with his endorsements in the upcoming cycle — actually a number of his endorsements aren’t doing very well.You’re seeing this in Georgia. You’re seeing this in other places, with Herschel Walker or something like that where, yes, Mitch McConnell has said that he’s got his support, but there is some concern, I think, on the ground that that could be another losing race. Because, again, if your litmus test for Trump has nothing to do with anything that is taking place in 2022, but all has to do with whether or not you’re willing to say that Trump actually won the 2020 election …He is a losing one-term president who is existing interminably as a losing one-term president. It is important to note that Democrats want him to be more influential than he actually is because he is a major vote-driver for Democrats, as we’ve seen in Georgia and elsewhere.And so I think that you’re seeing a lot of Republicans who are like, “Can we move on, can we move on,” and Donald Trump will not. Donald Trump will talk about how, oh, Ron DeSantis is fine, but I would absolutely beat him in 2024. He will do interviews. He will put out very bad failing social media networks. And so I think how he should be considered is, he is an angry man who won’t move on and who won’t go away. And no matter what Republicans want him to say or want him to do, he will not be on any party line that is not his own.Lulu Garcia-Navarro: Trump’s influence is solidified in one very particular place, and that’s on the conservative Supreme Court. And today, a big win for Democrats — the confirmation of Judge Ketanji Brown Jackson. I want to bring her into this because it actually fits into what we’ve been discussing. Because the G.O.P. slammed her in the hearings with a lot of partisan attacks about C.R.T., asking her to define what a woman is and QAnon-adjacent questions about child pornography. And yet, in polling, people said that they hated the attacks, and she has a majority of support. So, Jamelle, what should we take away from that?Jamelle Bouie: We should take away from that that these attacks are not some sort of, pardon the expression, trump card. That when you have someone like Judge Jackson, who looks like a perfectly lovely woman, and is obviously very qualified and obviously very successful, and you have Ted Cruz shouting about how she is friendly to criminals and child pornographers. I think that for ordinary people who aren’t paying super close attention — they’re really just taking in images and impressions — it just looks ridiculous. And it seems unconvincing.To go back to what we’ve been talking about, I think that something similar may happen with these bills. Screaming that your kids’ gay third-grade teacher is a pedophile or a groomer when you know that this person has been absolutely lovely to you, your child and your family — it’s not going to fly, I think, for most people or for people outside of this narrow bubble.One thing I will say about the experience of Judge Jackson and her nomination and how this has all played out, is I think it is a point in favor of the argument that back in 2016 President Barack Obama made a grave mistake in nominating Merrick Garland for the Supreme Court in an attempt to find bipartisan support. Not because Garland was not qualified to be on the court — although I think I have somewhat idiosyncratic views about what it means to be qualified — but because Garland didn’t engender really any kind of popular support in his favor. No one was excited by him. Just another boring guy you put on the Supreme Court.I think what Jackson has in her favor is simply that she’d be the first Black woman on the court. And that excites people. That makes people enthusiastic. And that makes people much more willing to buckle down in her defense than they would otherwise be.And so I think one lesson to take away from this, should Joe Biden get another Supreme Court nomination, either in the next two years or if he serves another term, is that for as much as it’s clear that Democratic Party elites and people at the highest echelons of this stuff very much believe that a Supreme Court nominee must be someone with a lot of judicial experience, etc., etc., they should also be looking for people who would actually excite the public, who would get people interested and excited about what’s going on in the court. Those are the sorts of nominees they should be looking for and putting forth and putting in public. Even if that nominee may fail, the mere fact of generating that enthusiasm is an important thing.I think this actually connects to our broader conversation about Democrats, which is that Democrats need to stop thinking of politics as some sort of mechanistic system in which, like, Good Input A gets you Good Result B. It’s much more fluid, much more chaotic in that oftentimes you just need to swing. You need to aim at people’s passions and see what happens. Maybe it’ll work. Maybe it won’t. But I think connecting the people’s passions and their enthusiasms, can be much more successful than trying to be openly and outwardly and ostentatiously respectable.Ezra Klein: Democrats are very taken, I think in general at the moment, with something political scientists like to call the median voter theorem, which is to say that the key thing in politics is getting to that median voter, the voter right in the middle, who’s the most ideologically moderate, and convincing them. And if you get that 50 percent plus one, or maybe you correct for the Senate bias, or it’s 55 percent plus one — whatever it might be — then you win.And there is some truth to that. I think that a lot of folks on the left and critics of Democrats underrate the importance of ideology and policy positioning in politics. There really are moderates. But the flip side of that, to what Jamelle is saying, is that you have to reach the median voter. They have to hear what it is you’re saying. And the thing about the voters you need to reach is they’re often not paying super close attention. The people who are paying super close attention almost, by definition, have already made up their minds, otherwise they would not be paying such close attention because they wouldn’t care that much.And so you need to do things that don’t just control the agenda but actually echo through the country. And that requires you to have not just a theory of what it is voters will find popular, but what it is that they will talk about, what it is the media will talk about. And this maybe goes to a big through line of this whole conversation. Democrats have a lot of theories of policy. They have a lot of theories of politics. They just do not have a theory of attention. And what I would say for the Trumpist Republican Party is it mostly doesn’t have a theory of policy. It has a middling theory of politics, and it is overwhelmed by its own theory of attention. And I don’t think there’s some kind of grand strategic plan happening over there.But I think that one way to think about the asymmetry, or maybe the inversion of the two sides right now, is that Republicans know how to get attention, but they don’t know how to be strategic about it. And Democrats know how to be strategic, but they don’t know how to get attention.Lulu Garcia-Navarro: I want to pivot to a piece of news that is less domestic culture wars, and more of a global culture war. The Boston Marathon announced this week that Belarusian and Russian citizens who reside in those countries are not allowed to run in the race as a response to the war. The Boston Athletic Association, which runs the Boston Marathon, announced that they were “horrified and outraged” by the war, and they believe that they must do what they can to “support the people of Ukraine.”I have a lot of thoughts about this, but I’d like to hear yours. I’m going to start with Jane, as I know you’re a sports aficionado. So I want your thoughts on this.Jane Coaston: I personally think that this is not quite like freedom fries territory. But I do think it seems to be targeted at a very small group of people — as you said, it was Belarusian and Russian citizens who do reside in those countries. But Belarusian and Russian citizens who don’t reside in those countries will be allowed to run, but they’re not going to recognize their affiliation or flags.I think it’s worth remembering that the process to enter or qualify for the Boston Marathon started for many people a year ago. You do not just decide to run the Boston Marathon. You are either running for a charity or you have a time in another marathon that qualifies you to run in Boston. And I’m trying to think, what is this going to do? Vladimir Putin is not going to be like, “Oh, no, a Russian citizen was not able to run a 2:03 at the Boston Marathon. I will ne’er sin no more!”I think that there is an element to so much of our politics, especially on foreign policy, where we’ve got the “we got to do something” impulse. But one of the challenges is that there isn’t something that the Boston Marathon organizers, or people who run an opera house, or people who work in the art world — there’s not something they could do exactly that will in their view adequately punish the aggressions of the Russian government. It falls flat. And I think it’s kind of repulsive.Lulu Garcia-Navarro: I have to say, Jane, I agree with you. I think this was a real misstep. I don’t know that banning citizens of particular countries because they actually live in the countries of their citizenship, and those leaders are autocratic and there isn’t the freedom to protest or do any of the things that you would think of in a democracy, is actually beneficial to the cause of freeing Ukraine. But I’m interested in, Jamelle, your thoughts, and then Ezra.Jamelle Bouie: I don’t disagree. It makes no real conceptual sense why you would do this. So Russian and Belarusian citizens who live in their countries cannot run in the Boston Marathon. OK. That doesn’t put any pressure on the leaders of those countries. If anything, it may encourage the view amongst the citizenry that the West is against them, that the West isn’t simply against the government or to the government’s actions, but actually actively against the citizens themselves. And it may prompt people to double down in their support for the government. So it just seems counterproductive.Issue a statement. Condemn. Say that government officials can’t participate, they can’t watch, they can’t be there. If you want to go as far as to say, you can’t fly the flag, I actually think that’s probably fair because the flag is a symbol of the government as well. But banning the citizens, like Jane said, it seems like just doing something for the sake of doing something, and it doesn’t really seem very constructive. It doesn’t even seem like it was particularly well thought-out, like anyone was thinking about what you actually are trying to accomplish by doing this.Lulu Garcia-Navarro: Ezra?Ezra Klein: I have a hard-and-fast rule that on any sports story I just think whatever Jane thinks. So on the specifics of this, I think whatever Jane thinks, and everything she said sounded correct to me.From a consequentialist perspective, we need to think a bit about whether we are creating pressure on citizens in these countries to pressure their governments, or whether we are hardening their support for their governments. And recognizing that they live in highly censored, highly manipulated media ecosystems, I think we have to be pretty thoughtful about whether we’re just giving grist to their leaders to manipulate them more. And for the people who are only half in and out of that ecosystem — because Russian and Belarusian control over media is not absolute — whether we’re actually doing things that are going to make those wavering feel more nationalistic.There’s a very big difference between strategically trying to win over a population and just trying to punish a country because it at a certain point just feels like we need to keep punishing. And, look, I want to punish Putin and those behind this war in every way that is possible. And I broadly support the sanctions, despite the tremendous pain they’re causing, because I do think that they are creating pressure in the long-run for Putin to end this. But I don’t know that doing things that actually target Russian citizens — without any obvious mechanism for pressuring the regime — makes a lot of sense.And I’m worried about some of the news I hear and some of the polling I see coming out of Russia. You can only believe what you can believe in it, but that there is rising support for Putin, that there is a rising belief that the entire West is arrayed against Russia. And that this might actually, in terms of the domestic political pressures Putin faces, be making him more worried about the hard-liners who think he needs to go further, further, further and show Russian strength in the face of Western opposition rather than what our initial effort was, which was to try to get the more Westernized Russians — these oligarchs with their lofts in London — to pressure Putin to bring an end to this. So I worry that our view of this has, without anybody noting it, kind of flipped. And we may not be creating the incentive system that we had hoped to.Lulu Garcia-Navarro is a Times Opinion podcast host. Ezra Klein is the host of “The Ezra Klein Show” and a Times columnist. Jane Coaston is the host of “The Argument” podcast. Jamelle Bouie is a Times columnist.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.Times Opinion audio produced by Lulu Garcia-Navarro, Alison Bruzek and Phoebe Lett. Fact-checking by Kate Sinclair, Mary Marge Locker and Alex Ellerbeck. Original music by Carole Sabouraud and mixing by Isaac Jones. Audience strategy by Shannon Busta, and editorial support from Kristina Samulewski. Our executive producer is Irene Noguchi. Special thanks to Lauren Kelley and Patrick Healy. More

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      Your Friday Briefing: Russia’s Growing Isolation

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      Plus Imran Khan’s unsteady future and growing frustrations over Shanghai’s lockdowns.Good morning. We’re covering Russia’s departure from the U.N. human rights council, a political blow to Pakistan’s Imran Khan and Shanghai’s growing frustration with Covid restrictions.Residents surveyed the damage in Dergachi, on the outskirts of Kharkiv.Tyler Hicks/The New York TimesRussia leaves U.N. rights councilThe U.N. voted to suspend Russia from the Human Rights Council on Thursday, leading Russia to withdraw. China said it opposed the measure. U.S. lawmakers also voted to strip Moscow of its preferential trade status and ban the import of Russian energy. Here’s the latest.The diplomatic pressure may continue to mount. The E.U. is weighing a ban on Russian coal, a significant step for a bloc that is heavily dependent on the country’s fossil fuels. But lengthy deliberations and the dilution of some measures indicated that the E.U.’s appetite for sanctions may be diminishing.Fighting may soon escalate, too. NATO met to discuss sending more military aid to Ukraine, in anticipation of an intensified Russian onslaught in the east. Officials there warned civilians that they faced their “last chance to leave” and urged them to evacuate.Soldiers: Body bags are returning to Russia from the front, causing some families of fallen soldiers to question the war — and leading others to harden their resolve.Diplomacy: Prospects for successful peace talks have dimmed: Russia’s foreign minister said Ukraine had proposed a new draft deal that deviated from previous versions, and President Aleksandr Lukashenko of Belarus demanded that his country be included in the negotiations.State of the war:Ukrainian forces were holding out amid fierce fighting in Mariupol, officials said, despite a dire humanitarian situation. The mayor said 5,000 people have died there.German intelligence intercepted radio transmissions in which Russians discussed killings of civilians, officials said.Facial recognition companies are being used to identify Russian soldiers, living or dead, to verify that they are not actors and show Russians the cost of the conflict.Prime Minister Imran Khan may soon be voted out of power.Saiyna Bashir for The New York TimesKhan in jeopardy after court rulingPakistan’s Supreme Court overturned Prime Minister Imran Khan’s move to dissolve Parliament on Thursday, setting the stage for a no-confidence vote on Saturday.The vote, which Khan had tried to block, is widely expected to remove him from office. Should that happen, a caretaker government will be formed and the country will prepare for elections in the coming months.The Supreme Court ruling is a major victory for opposition leaders, who said that Khan had attempted an “open coup.” New elections would be a test for the coalition of opposition parties, which are typically at loggerheads but have teamed up around the no-confidence vote.Learn More About France’s Presidential ElectionThe run-up to the first round of the election has been dominated by issues such as security, immigration and national identity.On the Scene: A Times reporter attended a rally held by Marine Le Pen, the far-right French presidential candidate. Here is what he saw.Challenges to Re-election: A troubled factory in President Emmanuel Macron’s hometown shows his struggle in winning the confidence of French workers.A Late Surge: After recently rising in voter surveys, Jean-Luc Mélenchon could become the first left-wing candidate since 2012 to reach the second round of the election.A Political Bellwether: Auxerre has backed the winner in the presidential race for 40 years. This time, many residents see little to vote for.Analysis: The military controls the main levers of power, and Khan’s relationship with key leaders soured after he refused to back a new chief of the country’s intelligence agency last year.Economy: The Pakistani rupee sank to a record low on Thursday. Analysts say the current crisis has further polarized the country and could lead to unrest.Workers erected barriers to seal off a Shanghai neighborhood last week.Aly Song/ReutersShanghai’s devastating outbreakThe city of 26 million is confronting its worst outbreak since the pandemic began, and Chinese authorities have deployed their usual hard-line restrictions to curb transmission.But Shanghai is different. Residents of the city — the wealthiest and most populous in China — are airing their grievances. They have signed petitions to protest a policy that separates infected children from their parents, criticized conditions at isolation facilities and defiantly confronted officials.Their grumblings could eat away at the central government’s power, as the crisis quickly becomes the most significant political test to date of the country’s zero tolerance approach — a policy on which the Chinese Communist Party has staked its legitimacy.Analysis: The city is home to a vibrant middle class and also many elites, who are accustomed to a relatively high level of political autonomy.Background: Officials had insisted that Shanghai was too important to quarantine. “The fact that Shanghai is being locked down suggests that we are pretty close to the red line, to the tolerable limit of how defensible zero Covid is,” a political scientist said.Here are the latest updates and maps of the pandemic.In other news:Several Biden administration officials and Nancy Pelosi, the House Speaker, have tested positive.German lawmakers rejected a vaccine mandate for people 60 and older, a blow to Chancellor Olaf Scholz’s coalition.THE LATEST NEWSWorld NewsPresident Biden and Ketanji Brown Jackson watched the vote together.Al Drago for The New York TimesJudge Ketanji Brown Jackson will now be Justice Ketanji Brown Jackson: The U.S. Senate confirmed her historic nomination to the Supreme Court in a 53-47 vote.At least two people were killed and eight wounded in a shooting in central Tel Aviv, the latest in a deadly wave of terrorism in Israel.The trial in the murder of the journalist Jamal Khashoggi will likely end without justice: A Turkish court moved the proceedings to Saudi Arabia.The leader of Yemen abdicated after a cease-fire took effect, a sign that Saudi Arabia may be looking to end the war. The kingdom’s callous moves exacerbated seven years of bloodshed and a humanitarian crisis.The French ElectionCampaign posters of the 12 official candidates, on display in northeastern France.Andrea Mantovani for The New York TimesFrance will head to the polls on Sunday for the first round of the country’s presidential election. Here’s an explainer.Marine Le Pen, the leading right-wing candidate, has tried to sanitize her extremist image and present herself as a clearheaded choice.President Emmanuel Macron, seeking a second term, is leading in the polls. But his economic promises have yielded checkered results.What Else Is HappeningAstronomers may have found the most distant galaxy to date.Novels by Olga Tokarczuk, Mieko Kawakami and Claudia Piñeiro are in the running for the International Booker Prize, a prestigious award for translated fiction.A Morning ReadAt the Dior show at Paris Fashion Week last month.Jeremy Moeller/Getty ImagesRihanna’s bare-belly maternity outfits are both haute couture and, perhaps, transgressive political statements. As right-wing lawmakers fight to control women’s bodies, Rihanna is “connecting the right to dress how you like with all sorts of other, more constitutional rights,” our chief fashion critic writes. “It’s a pretty radical move.”Who Is Running for President of France?Card 1 of 6The campaign begins. More

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      Ted Cruz Knows Which Side He’s On

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      Bret Stephens: Hi, Gail. I think many Americans would give President Biden reasonably high marks for his handling of the war in Ukraine so far. His speech in Poland, in which he said, “For God’s sake, this man cannot remain in power,” may have been provocative, and it might have his advisers scrambling to soften it, but it was right, and the right message to send about what should become of Vladimir Putin’s foul regime.Yet Biden still reminds me of George H.W. Bush, who handled the big foreign policy crises of his day with aplomb but wound up as a one-termer. What do you think of the comparison?Gail Collins: Hey, isn’t it interesting to recall that when Bush was fighting to get Saddam Hussein out of Kuwait in 1991, the big American ally was Russia? Those were the days, I guess. Just noticed that a Gallup poll found that right after the war, Bush had an 89 percent approval rating.Bret: Bush had the advantage of not having to face down a nuclear-armed adversary — thanks to an Israeli strike on Saddam Hussein’s nuclear reactor a decade earlier.Gail: And yet he got defeated for a second term by Bill Clinton. We could discuss the possibility of Biden suffering a similar fate — perceptions of a bad economy trump strong foreign policy. Except that Clinton’s genius was in portraying himself as a Democrat who normal Republicans didn’t have to fear. Very, very doubtful the next Republican presidential nominee is going to be able to turn that trick.Do you really think Biden would be walloped if people actually had to compare him to Trump, one on one, presuming the two of them ran again?Bret: I continue to have a hard time believing that Biden intends to run again, when he’s 81. I also don’t think Trump’s going to run — he’s damaged himself more deeply than he probably realizes with his imbecile praise of Putin and his continued election denialism.Gail: This scenario presumes Trump bows to reality. Hehehehehe. Sorry, continue.Bret: Fair point.Assuming your hypothetical turns out to be right, I’d probably place a small bet on Trump winning a rematch, awful as that is. I know Ronald Reagan and Bill Clinton were able to turn their presidencies around after difficult starts. But both men were naturally gifted political figures in a way Biden just isn’t. Both men were in touch with the center of American politics in a way Biden should be, but isn’t, because he steered too far to the left in his first year. And both men were sailing into calmer seas, economically speaking, as they prepared their re-election campaigns, whereas I don’t see inflation being tamed except at the price of a very steep recession.Would you bet on Biden in a rematch?Gail: Yeah, but I don’t think Biden is going to run. Although he’d be crazy to formally announce this soon and turn the bulk of his presidency into a lame-duck limp.Bret: Don’t agree that he should wait to announce, but that’s an argument for another time.Gail: And I don’t think his problem is steering too far to the left. His problem is that he doesn’t — never did have — that political genius for selling the country, or even his supporters, on a big message.Bret: Give ’em hell, Harry, he is not. But it looks like he’s trying with his plan to tax the very rich. Which … well, what do you think of it?Gail: Ah, Bret, our most reliable, perpetual disagreement. Yeah, given the fact that the richest Americans are now paying an effective tax rate around 8 percent, I would say a minimum of 20 percent on households worth more than $100 million is not a burden.Bret: Probably won’t get past the Senate, may be ruled an unconstitutional wealth tax by the Supreme Court and is reminiscent of the Alternative Minimum Tax, which was supposed to hit only a handful of high-flyers in the 1970s but wound up taxing far less wealthy people. But the proposal could still be … popular. Anything else you’d like to see him do?Gail: I’d also be happy to see him lead a quest to control prescription drug prices: Let Medicare negotiate with the pharmaceutical industry and cap the cost of certain medications, like insulin. It’d be a debate people could really get into.Bret: I think job No. 1 for Biden is to make sure Putin experiences unmistakable defeat in Ukraine. A stalemated truce in which Russia steals more of Ukraine’s coastline, ports and energy riches will only entice Putin to create further crises so that he can “solve” them in exchange for Western concessions. I also think we should accept more than 100,000 Ukrainian refugees; we should welcome as many who want to come here with open arms.Gail: We should talk more about the refugees long term, but of course the immediate challenge is to support them in every way possible.Bret: If Romania can take in more than half a million refugees, we can take in at least as many.Gail: Not going to argue, but right now back to domestic matters …Bret: Biden’s other big task is doing what he can to ease the burden of inflation. We both know that’s mainly a job for the Fed. But the government can still ease all kinds of regulatory burdens that constrict supply chains, like employing members of the National Guards to make up for the trucker shortage. I’m also in favor of the proposal from Maggie Hassan and Mark Kelly — both Democratic senators — to suspend the federal tax on gasoline for the rest of the year, though I would only reinstate it once the price of gasoline falls below $3.50 a gallon, no matter whether that happens before November or after. Gas taxes are really regressive once you stop to think of the bite they take out of the pockets of working-class people who drive back and forth to work.Gail: Short-term gas price relief would be great, as long as it’s combined with long-term plans to fight climate change with energy-efficient cars and more mass transit. Although I know the latter tends to cause many conservative conservatives to shudder.On a completely different but totally fascinating topic: Ginni Thomas. Wife of a Supreme Court justice and now revealed as a very aggressive, deeply crazy activist in the Trump-really-won sideshow.Should we worry about her? Is she dangerous or just astonishingly weird?Bret: Depends on whether you think that being a fever-swamp conservative is dangerous, weird or just the depressing new normal. “All of the above” is also a possibility. Mrs. Thomas attended the “Stop the Steal” rally on Jan. 6. She urged the Trump team to feature Sidney Powell, the lawyer with bizarro theories about voting machine fraud. And she wrote Mark Meadows, Trump’s chief of staff, some texts right after the election was called for Biden, telling him to “stand firm” against “the greatest Heist in our History.”All of which says to me that I’m glad I’m not the one who gets to hang with Ginni Thomas, but de gustibus non est disputandum, as they used to say. Do you think her behavior should require Clarence Thomas to recuse himself in some cases?Gail: If they get an overturn-the-election case, or even anything relating to the Jan. 6 riots, I would say he’d either have to recuse or be impeached. Otherwise it’s hard to imagine enough pressure building. But I’d be happy to hear I’m wrong. What do you think?Bret: He’d have to recuse himself in those kinds of cases, because the appearance of a conflict of interest is now overwhelming. That said, if every public official were on the hook for nutty things done or said by spouses or family members, it would probably have unintended consequences nobody would like. For instance: Hunter Biden.Gail: I will refrain from dipping back into our Hunter Biden argument except to point out that some experts think he’s getting a reasonable price for his artwork these days. Lips sealed …Bret: But speaking of the Supreme Court, did you watch the Senate hearings for Judge Ketanji Brown Jackson? How do you think she did?Gail: Better than great.Bret: Agree. I don’t think her confirmation is in any doubt, especially now that Joe Manchin has come out in her favor, but I enjoyed watching her politely making mincemeat of Ted Cruz, who is a one-man reminder of why sentient people hate politicians. If Republicans were wiser, they’d register their disagreements with some of her positions but vote to confirm her on the principle that she’s fully qualified to serve on the high court. But … they won’t.Gail: Also watching the dreaded Marsha Blackburn asking Jackson to define “woman.” Glad we agree that Republicans aren’t wise.Bret: In the meantime, Gail, it looks like we have a new superinfectious sub-variant of Covid to keep us awake at night. Forget Omicron, now we’ve got Omigod.Gail: I’m going with Dr. Fauci’s theory that it’s not something to get frazzled about. Unless, of course, you haven’t been vaccinated, in which case there’s probably not any point in having a conversation.But I am appalled that Congress didn’t approve the $15.6 billion Biden wanted for tests, treatments and research on vaccines for new variants. If I’m going to side with the throw-away-masks crowd, I’m also going to side with the fund-the-support-system gang.Bret: If we’re going to start thinking of Covid as a relatively normal illness, maybe we need to stop treating it like a national emergency. What do you say we argue about this another day?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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      Real Justice: Justice Jackson

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      WASHINGTON — A snarling pack of white male Republicans ripping apart a poised, brainy Black woman at a Senate Judiciary Committee hearing, using sordid innuendos and baseless claims about race and porn to smear her, as her pained family sits behind her.It has been 31 years since I watched this scene, disgusted, when Anita Hill was questioned during confirmation hearings for Justice Clarence Thomas. Now Ketanji Brown Jackson has been cast into the same medieval torture chamber on Capitol Hill, with Democrats once more struggling to shield their witness from being mauled.This time, the male Torquemadas were joined by a female inquisitor, Marsha Blackburn. The Tennessee Republican is all magnolia Southern charm — until she spits venom.“Can you provide a definition for the word woman?” Blackburn asked Judge Jackson, invoking the controversy over a transgender swimmer from the University of Pennsylvania. Blackburn’s question inspired Tucker Carlson to later hold up a graphic of a woman’s reproductive system, along with a silhouette of a woman so shapely that Roger Ailes would have approved.What is a woman? Jackson shows that a woman is someone who stays cool in the face of calumny and is headed for the Supreme Court. And that will be justice for Justice Jackson.A better question might be: What is a senator?Is it a dolt who cares more about boosting unrealistic presidential ambitions with distorted information than making the Senate, for once, look like a dignified body?Feral Republicans took an exemplary record and twisted it to make Jackson look like an enabler of pedophiles. Tom Cotton all but accused her of lying, just as Arlen Specter accused Hill of perjury — based on nothing.Less than a year ago, Lindsey Graham voted to confirm Jackson for the D.C. Court of Appeals, calling her “qualified.” Now he berates her with odd questions and seems to blame her for Brett Kavanaugh’s grilling. If only John McCain could appear to him like Hamlet’s father’s ghost and slap him into shape.Perhaps Joe Biden sees his selection of Judge Jackson as a sort of expiation for his dismal performance as committee chairman for the Hill-Thomas hearings. Biden allowed the Republicans to run wild, and then he shut down the hearings before Hill’s backup witnesses testified. He cleared the path for Clarence Thomas, a liar and sexual harasser, to ascend to a lifetime appointment on the Supreme Court and impose his far-right views on the country.As Jill Abramson wrote in the Times Opinion section, the court’s 6-3 majority now “seems to be reshaping itself in Justice Thomas’s image.”In a speech at Notre Dame last year, Thomas lamented, “We have lost the capacity, even I think as leaders, to not allow others to manipulate our institutions when we don’t get the outcomes we like.”And yet manipulating institutions is exactly what his wife, Ginni, tried to do. As Bob Woodward and Robert Costa reported in a Washington Post-CBS News bombshell, the conservative activist worked frantically to overturn the results of the 2020 election, calling it an “obvious fraud,” as Donald Trump and his allies were vowing to go to her husband’s court to nullify Biden’s win.Ginni Thomas has had a chip on her shoulder since the Hill-Thomas hearings — she shamelessly left Hill a voice message in 2010 asking for an apology — and no doubt she thought if she could help claw back the presidency from Biden, that would be sweet revenge.In a cascade of text messages, she urged Trump’s chief of staff, Mark Meadows, to get Trump back into the Oval. “Help This Great President stand firm, Mark!!!” she pleaded, adding, “The majority knows Biden and the Left is attempting the greatest Heist of our History.” Ginni — who attended the Jan. 6 rally before the raid on the Capitol started — urged Meadows to “Release the Kraken.”The Republicans badgering Judge Jackson aren’t asking a single question about the explosive revelations regarding Ginni Thomas — and nor are the rest of their party. Did the justice know what his wife was doing? Was he OK with it? Does he accept that he must recuse himself from cases dealing with Jan. 6 and the election?Apparently not. “Justice Thomas has already participated in two cases related to the 2020 election and its aftermath, despite his wife’s direct involvement in the so-called Stop the Steal efforts,” Jane Mayer reported in The New Yorker.When the court rejected Trump’s request to prevent the Jan. 6 committee from getting his records relating to the attempt to overturn the election results, Thomas was the sole dissenter. Do the records implicate Ginni?Stephen Gillers, a judicial ethicist, told Mayer that it was Clarence Thomas’s duty to know about Ginni’s crusade: “‘Don’t ask, don’t tell’ is not an acceptable strategy for the Thomases’ marriage.”Thomas should never have been on the court. Now that we know his wife was plotting the overthrow of the government, he should get off or be thrown off. You can’t administer justice when your spouse is running around strategizing for a coup.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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      These Senators Grilling Judge Jackson Have Ambitions Beyond Senate

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      Four of the senators on the panel grilling Judge Ketanji Brown Jackson are known to have dreams beyond the walls of the U.S. Senate.Every senator looks in the mirror and sees a future president, the old saw goes.So as the Senate Judiciary Committee convenes this week to consider the nomination of Judge Ketanji Brown Jackson for a Supreme Court seat, we’ll be watching the panel not just for probing questions about her judicial philosophy but also for clues to 2024.Four Republican senators on the committee have flashed signs of larger aspirations, and they share a lot else in common. All are men who are roughly within a decade of one another in age. All have one or two Ivy League degrees. Each has sought to mold the Republican Party in his own image. And all approach these hearings knowing they are just as much onstage as Jackson is.For the supremely ambitious, a Supreme Court nomination battle is an irresistible opportunity. It’s a chance to build email lists, rustle up campaign cash and impress base voters. Remember how Kamala Harris used the Brett Kavanaugh hearings to preview her 2020 presidential run?It’s still early to be thinking about the 2024 presidential race, but candidates are already engaged in “shadow jockeying,” said Bob Vander Plaats, an influential Iowa conservative. “Everybody’s waiting to see what Trump does.”Even so, Republican activists are looking for a champion, said Rachel Bovard, a senior director of policy at the Conservative Partnership Institute. “They want to see that you have a pulse,” she said.But big hearings can be perilous, too. Senators can’t be seen as “playing for the cameras,” Quin Hillyer, a conservative columnist, told us. More and more Republican voters, he said, want “toughness without histrionics.”With that in mind, here are the four Republican senators to watch:Senator Tom Cotton of Arkansas is a foreign policy hawk, particularly on China.Stefani Reynolds for The New York TimesThe hard-linerTom Cotton, 44, of Arkansas has two degrees from Harvard and served in Iraq and Afghanistan as an Army Ranger. He’s been an increasingly frequent visitor to Iowa and New Hampshire of late — telltale signs that he has caught the presidential bug.Cotton is a foreign policy hawk, particularly on China. But he has also staked out hard-right positions on domestic policy, with calls to restrict legal immigration and roll back criminal justice reforms.In a speech this month, Cotton embraced the Republican Party’s “proud, patriotic and populist” direction under Trump. “We’re the party of the common man, the worker, the farmer, the cop on the beat,” he said. But he broke with Trump over the First Step Act, which he blamed for the early release of “child predators, carjackers and gang members.”Senator Ted Cruz of Texas at CPAC in Orlando, Fla., last month.Scott McIntyre for The New York TimesThe former Tea PartierTed Cruz, 51, of Texas ran for president once before and might again, his allies say. A graduate of Princeton and Harvard Law School, Cruz has been a major force in Republican politics since entering the Senate in 2013.He has gone through three main phases during his time in Washington. First he was a Tea Partier known for defying Republican leaders over government spending. Then he was a presidential candidate who came in second to Trump in 2016 by running as a conservative true believer. And now he’s a beard-sporting Trump ally who preaches “America First” dogma with the zeal of a convert.Cruz once took to the national spotlight like a moth to flame. But in recent years, that spotlight has been harsh: His vacation to Cancún during a storm that left millions of Texans without electricity or running water drew withering scorn, and his recent apology to Tucker Carlson, the Fox News host, for calling the Jan. 6 rioters “terrorists” was seen as groveling.He has been subdued about Jackson’s Supreme Court nomination, calling for her to be treated with “dignity and decorum.” After meeting her in his office last week, he joked on a podcast that he was “highly suspect” of her — for rejecting his offer of Cuban coffee.Close observers of Cruz say he appears less calculating, more relaxed and more authentically himself than in the past — potentially meaning he has set aside his presidential ambitions or simply that he’s trying out a different approach.“I think Cruz looks at it as, nobody’s going to beat him to the conservative lane,” said Mike DuHaime, a Republican strategist. “He may not need to pick every single fight.”Senator Josh Hawley of Missouri also speaking at CPAC last month.Scott McIntyre for The New York TimesThe young upstartJosh Hawley, 42, of Missouri, is an evangelical Christian who promotes traditional values. That puts him on a potential collision course with Cruz and with former Vice President Mike Pence, said Henry Olsen, a senior fellow at the Ethics and Public Policy Center.Hawley has carved out a significant following on the right by going after tech companies for what he calls their alliance with the “radical left.” And though he has said he’s not running for president in 2024, he hasn’t exactly spurned the speculation, either.Hawley is an unapologetic supporter of the Jan. 6 protesters. And though he condemned the violence at the Capitol as “horrific,” his campaign has put a photo of himself hailing the Jan. 6 crowd on mugs (“the perfect way to enjoy Coffee, Tea, or Liberal Tears!”). He has raised millions by complaining that Democrats are attempting to “cancel” him. On March 1, he led his speech at the Conservative Political Action Conference by noting his objection to the certification of the Electoral College votes. “I wasn’t backing down then; I haven’t changed my mind now,” he said to raucous applause.Allies say that Hawley, a Yale Law School graduate who clerked for Chief Justice John Roberts, sees the Supreme Court as his domain. Of the four senators, he’s the only one who has bucked the wishes of Senate Republican leaders by forcefully attacking Jackson’s record. Fact-checkers have found his claims wanting, and the White House called them “toxic.” He likely won’t be able to stop her confirmation. But the fact that Hawley is fighting Jackson’s nomination at all could endear him to Republicans who want a brawler in their corner.“His goal appears to be to make Ted Cruz look like the statesman of the group,” said Terry Sullivan, a Republican political consultant.Senator Ben Sasse of Nebraska voted to convict Trump during his second impeachment.Anna Moneymaker for The New York TimesThe prairie philosopherBen Sasse, 50, of Nebraska is a former university president who has mapped out his own path as a sporadic Trump critic. Sasse has an undergraduate degree from Harvard and a doctorate from Yale. But unlike the other senators, he embraces and even flaunts his intellectual roots.Sasse wrote his dissertation about “culture-warring entrepreneurs” who seized on the debate over prayer in schools to power Ronald Reagan’s political ascent — an early expression of Sasse’s pox-on-both-houses approach to politics. A lone wolf in the Senate, Sasse often positions himself above what he derides as the “tribal” politics of Washington. In noting Jackson’s nomination, for instance, he said the Judiciary Committee has been “a place of grandstanding and rabid partisanship.”“Grandstanding” is a word Sasse employs frequently — as when he tangled last week on the Senate floor with Senator Chris Murphy, a Democrat of Connecticut, over aid to Ukraine. The skirmish caught the eye of conservative pundits, who saw it as a sign that Sasse is seeking attention.But for what? If there’s a lane for Sasse in a coming presidential election, it’s likely as a Never Trumper or an independent. He voted to convict Trump during his second impeachment, a no-no for Republican base voters.What to read The ex-wife of Eric Greitens, a leading Republican candidate for the U.S. Senate in Missouri, accused him in court documents of knocking her down and confiscating her keys, phone and wallet during an argument in 2018.Republicans are relitigating the Brett Kavanaugh confirmation battle, Glenn Thrush writes, even as they prepare to question Jackson in confirmation hearings that began with opening statements on Monday.Erica L. Green looked back at Jackson’s years at Harvard University, where the future judge learned to navigate “one of the most elite and white institutions in the country.”FrameworkIn North Carolina, Pat McCrory, the Republican Senate candidate, released an ad accusing his opponent Ted Budd of being soft on Russia. via YouTubeRussia becomes a campaign liabilityTo understand just how rapidly the politics of foreign policy are shifting on the right, look no farther than North Carolina — where being associated with Donald Trump’s views on Russia is now a political problem.The state is electing a replacement this year for Senator Richard Burr, who is retiring. On the Republican side, the May 17 primary is largely a two-way contest between Pat McCrory, a former governor, and Representative Ted Budd, a far-right lawmaker who was endorsed by Trump.As the war in Ukraine broke out, McCrory released an ad accusing Budd of being soft on Russia. The ad shows a clip of Budd calling Vladimir Putin “intelligent” — much as Trump praised the Kremlin leader’s aggression as “genius.”“While Ukrainians bled and died,” a narrator scolds, “Congressman Budd excused their killer.”In a sign that McCrory’s attack might be landing, Budd’s allies responded with a response ad calling it “a low down, dirty hit job.” The ad quotes Budd as saying, “Putin is evil. He’s an international thug,” and emphasizes his support for Ukraine.Each side has spent only a few thousand dollars on the ads so far, indicating the goal was to generate free media coverage and not to reach voters directly.But the exchange underscores how being perceived as an apologist for Putin is suddenly a bad look in a Republican primary thanks to Volodymyr Zelensky, the charismatic president of Ukraine. By presenting an alternate model of strength and machismo, said Rick Tyler, a former Cruz aide, “Zelensky has changed the whole dynamic of the Republican Party.” Thanks for reading. We’ll see you tomorrow.— Blake & LeahIs there anything you think we’re missing? Anything you want to see more of? We’d love to hear from you. Email us at onpolitics@nytimes.com. More