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    Why the Supreme Court Is Blind to Its Own Corruption

    The scandal surrounding Justice Clarence Thomas has further eroded the already record-low public confidence in the Supreme Court. If Chief Justice John Roberts wonders how such a thing could have happened, he might start looking for answers within the cloistered walls of his own courtroom.Over more than two decades, the Supreme Court has gutted laws aimed at fighting corruption and at limiting the ability of the powerful to enrich public officials in a position to advance their interests. As a result, today wealthy individuals and corporations may buy political access and influence with little fear of legal consequences, either for them or for the beneficiaries of their largess.No wonder Justice Thomas apparently thought his behavior was no big deal.He has been under fire for secretly accepting, from the Republican megadonor Harlan Crow, luxury vacations worth hundreds of thousands of dollars, a real estate deal (involving the home where his mother was living) and the payment of private school tuition for a grandnephew the justice was raising. Meanwhile, over the years, conservative groups with which Mr. Crow was affiliated filed amicus briefs in several matters before the Supreme Court.That sounds like the very definition of corruption. But over the years, many justices — and not just conservatives — have championed a different definition.The landmark case is the court’s 2010 decision in Citizens United v. Federal Election Commission. A five-justice majority — including Justice Thomas — struck down decades-old restrictions on independent campaign expenditures by corporations, holding that they violated the companies’ free speech rights. It rejected the argument that such laws were necessary to prevent the damage to democracy that results from unbridled corporate spending and the undue influence it can create.The government’s legitimate interest in fighting corruption, the court held, is limited to direct quid pro quo deals, in which a public official makes a specific commitment to act in exchange for something of value. The appearance of potentially improper influence or access is not enough.In dissent, Justice John Paul Stevens accused the majority of adopting a “crabbed view of corruption” that the court itself had rejected in an earlier case. He argued that Congress has a legitimate interest in limiting the effects of corporate money on politics: “Corruption operates along a spectrum, and the majority’s apparent belief that quid pro quo arrangements can be neatly demarcated from other improper influences does not accord with the theory or reality of politics.”Citizens United opened the floodgates to unlimited corporate spending on behalf of political candidates and to the influence that spending necessarily provides. But the decision didn’t come out of nowhere: The court has often been unanimous in its zeal for curtailing criminal corruption laws.In the 1999 case of United States v. Sun-Diamond Growers of California, the court unanimously held, in effect, that it is not a violation of the federal gratuities statute for an individual or corporation to have a public official on private retainer. The court rejected a theory known as a “status gratuity,” where a donor showers a public official with gifts over time based on the official’s position (that is in contrast with a more common gratuity, given as a thank you for a particular act by the official). The quite reasonable rationale behind that theory was that when matters of interest to the donor arose, the past gifts (and hope for future ones) might lead the official to favor his or her benefactor.That actually sounds a lot like the Crow-Thomas relationship. But the court held that such an arrangement is not unlawful. The gratuities law, the court ruled, requires that a particular gift be linked to a particular official act. Without such a direct link, a series of gifts to a public official over time does not violate the statute, even if the goal is to curry favor with an official who could act to benefit the gift giver.In the wake of Sun-Diamond, federal prosecutors increasingly turned to a more expansive legal theory known as honest services fraud. But in Skilling v. United States, the court ruled that theory is limited to cases of bribes and kickbacks — once again, direct quid pro quo deals. Three justices, including Justice Thomas, wanted to go even further and declare the statute that prohibits honest services fraud unconstitutional.The court proceeded to limit its “crabbed view of corruption” even further. In the 2016 case McDonnell v. United States, the court held that selling government access is not unlawful. Gov. Bob McDonnell of Virginia and his wife, Maureen, accepted about $175,000 in secret gifts from the businessman Jonnie Williams, who wanted Virginia’s public universities to perform research studies on his company’s dietary supplement to assist with its F.D.A. approval. In exchange, Mr. McDonnell asked subordinates to meet with Mr. Williams about such studies and hosted a luncheon at the governor’s mansion to connect him with university health researchers.A jury convicted the McDonnells on several counts of corruption. The U.S. Court of Appeals for the Fourth Circuit — hardly known as a bastion of liberalism — unanimously affirmed the convictions. But the Supreme Court unanimously reversed, holding that the things Mr. McDonnell did for Mr. Williams did not qualify as “official acts” under federal bribery law. Selling official access may be tawdry, the court held, but it is not a crime.Those who think Justice Thomas may be guilty of corruption may not realize just how difficult the court itself has made it to prove such a case. Now only the most ham-handed officials, clumsy enough to engage in a direct quid pro quo, risk prosecution.Viewed in light of this history, the Thomas scandal becomes less surprising. Its own rulings would indicate that the Supreme Court doesn’t believe what he did is corrupt. A powerful conservative with interests before the court who regularly provides a justice with vacations worth more than his annual salary is, as the court said in Citizens United, merely the “appearance” of potential corruption. In the court’s view, the public has no reason to be concerned.But the public clearly is, and should be, concerned over the ability of the rich and powerful to purchase access and influence unavailable to most citizens. Unfortunately, Citizens United is here to stay without a constitutional amendment or an overruling by the court, neither of which is very likely.But it’s still possible for the rest of the country to move past the court’s naïve and inadequate view of corruption. Congress could amend criminal corruption laws to expand their scope and overturn the results in Sun-Diamond, Skilling and McDonnell. It could increase funding for enforcement of the Ethics in Government Act and increase the penalties for filing a false financial disclosure form (or failing to file one at all). Beefed up disclosure regulations could make it more difficult for officials to hide financial interests and could make it clear there are no disclosure exceptions for enormous gifts of “personal hospitality,” contrary to what Justice Thomas claims he believed. And Congress could pass legislation like the proposed Disclose Act, to require transparency regarding who is behind political donations and spending.Congress so far has shown little interest in passing such reforms. But that’s where the remedy lies. It’s time for Congress to act.In his Citizens United dissent, Justice Stevens observed, “A democracy cannot function effectively when its constituent members believe laws are being bought and sold.” That’s exactly how it now appears to the public — and that applies to Supreme Court justices as well as to politicians.Randall D. Eliason is the former chief of the fraud and public corruption section at the U.S. Attorney’s Office for the District of Columbia and teaches white-collar criminal law at George Washington University Law School. He blogs at Sidebarsblog.com.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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    Remember When Trump and DeSantis Loved Each Other? Neither Do They.

    Our topic for today is — who’s worse, Donald Trump or Ron DeSantis?Nonononofair! There is no way I’m ever going to vote for either one of them! Why should I care?Hey, knowledge of public affairs is always important.DeSantis made headlines this weekend when he showed up to campaign in Iowa while Trump canceled a rally because of bad weather.“Iowa is the Florida of the Midwest,” the governor of Florida claimed at one point in his burger-flipping, speech-giving trek. Now this was clearly intended as a compliment, but Iowans, do you actually want to be the Florida of the Midwest? The weather is certainly great in January, but there’s plenty of downside. Do your Midwestern neighbors ever mutter, “What our state needs is a heck of a lot more floods and sinkholes …”?DeSantis and his wife/political adviser, Casey, have three small children, who once starred in a gubernatorial election ad in which he demonstrated his devotion to President Donald Trump by showing one of his daughters how to build a toy wall and reading his son “The Art of the Deal.” (“Then Mr. Trump said, ‘You’re fired.’ I love that part.”)You may be seeing a lot more of little Madison, Mason and Mamie DeSantis in the months to come. But no one’s going to be reading from Trump’s collected works.Trump has five children counting Ivanka, who’s sorta cut herself off from the clan. And Tiffany, who everybody, including her father, seemed to have forgotten for a very long stretch. And Eric, whom we mainly hear about during riffs from the late-night comics. And Barron, the youngest at 17, who lives quietly with his mom.Donald Jr. is truly his dad’s kid. He’s off this summer to Australia for a speaking tour blasting “woke identity politics.” Ranting against “woke” is sort of a DeSantis thing, but give Junior a break. He’s spent his entire life trying to please a father who was absent for most of his childhood and who is said to have resisted having his firstborn named after him, in case the kid turned into a “loser.”Now Don Jr. has five children too! And he’s not shy about putting them in the news either. A while back he posted an Instagram photo of the kids publicizing a Trump-branded leash. (“You can get yours at the Trump Store too.”) Before that, Dad once tweeted that he planned to confiscate half of his then-3-year-old daughter’s Halloween candy “to teach her about socialism.”Hard to imagine the Trump and DeSantis families getting together for a cookout. But the gap between the two men grows much wider when you look at personal behavior. Only one of them just lost a $5 million verdict from a jury that found he sexually abused a woman in a department store dressing room.Trump has been trying to insinuate that DeSantis had some shady doings with high school girls in his far, far distant past. And running an ad reminding the world that his probable Republican opponent has a history of eating pudding with his fingers.But what about the issues? Sorta hard to pin down since Trump is given to, um, free-associating on this stuff. But he certainly has been running to DeSantis’s left, accusing the Florida governor of wanting to slash Social Security and Medicare benefits.When he was in Congress, DeSantis did vote for Republican proposals along that line. He’s on the no-changes-no-how bandwagon now. But let’s look at abortion — much easier to pin down. DeSantis, as governor, just signed a bill he supported that will bar abortions in Florida after six weeks. By which time many, many women — particularly the very young, very poor, very traumatized — have no idea they’re pregnant.DeSantis has at least been consistent. A devout Catholic, he’s had the same position for his entire political career. Trump, on the other hand, um, adapts.Trump made a huge impact by appointing three anti-choice judges to the Supreme Court. But now he’s noticed that voters are coming down very strong in favor of abortion rights, and he’s switched right around. He claims “many people within the pro-life movement” found the new Florida law “too harsh.”Our bottom line here, people, is that you have two top candidates for the Republican presidential nomination. DeSantis adheres to a strong, faith-based social conservatism. He’s pro-gun, opposed to diversity and inclusion programs in public colleges. And currently having a big fight with Disney, one of Florida’s top employers, over a comment from a Disney C.E.O. that criticized a DeSantis bill to prohibit classroom discussions of sexual orientation in the early grades.Hard to imagine a Gov. Donald Trump taking the same road.Unless it would somehow win him an election. Trump’s politics are deeply, deeply pragmatic. If an angel appeared promising him another term in the White House if he killed every puppy in America, those doggies would be toast.(That is an imperfect example since The Donald hates dogs anyway, but bear with me.)The bottom line: Would you rather see the Republicans nominate a candidate who had an exemplary family life and an agenda based on longstanding, extremely conservative beliefs? Or a guy with a sleazy personal history who’d probably go anywhere the votes were?Some days it pays to be a Democrat.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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    DeSantis Signs Tall Stack of Right-Wing Bills as 2024 Entrance Nears

    The Florida governor is making a grab for national attention ahead of his expected presidential campaign rollout.Gov. Ron DeSantis of Florida, an all-but-declared presidential candidate, has stepped up his headline-hunting travel and events ahead of an official announcement, traversing the state and trying to hoover up national attention as he signs the sharply conservative legislation he believes can propel him to the Republican Party’s nomination.On Wednesday, Mr. DeSantis signed a slew of measures that hit all the culture-clash notes his base has rewarded him for, including bills banning gender-transition care for minors, preventing children from attending “adult live performances” like drag shows and restricting the use of preferred pronouns in schools.“We need to let our kids just be kids,” Mr. DeSantis said at a Christian school in Tampa. “What we’ve said in Florida is we are going to remain a refuge of sanity and a citadel of normalcy.”It was his third consecutive day of holding public bill-signing ceremonies across the state. The ceremonies, which he hosts in his official capacity as governor, allow Mr. DeSantis to promote his political message in settings that he carefully stage-manages as a veritable M.C., calling up additional speakers and then thanking them for their contributions. These events sometimes take on the feel of political rallies.Such a platform gives Mr. DeSantis an advantage over his potential rivals for the presidency — many of whom are either out of office or hold legislative roles — as he sprints toward declaring his candidacy, which is likely to happen by the end of the month.On Monday, his signing of a bill defunding diversity and equity programs at public colleges and universities drew a robust round of news coverage — as well as loud protesters. He and other Republicans who shared the stage mocked the demonstrators, many of them students at New College of Florida, a public liberal arts school in Sarasota that the governor has sought to transform into a conservative bastion.The signing of bills aimed at the L.G.B.T.Q. community on Wednesday was “an all-out attack on freedom,” Joe Saunders, the senior political director of Equality Florida, an advocacy organization, said in a virtual news conference. He noted that Mr. DeSantis had already signed a six-week abortion ban as well as bills that allowed physicians to decline to provide care based on moral or religious grounds.Mr. DeSantis sees freedom “as a campaign slogan in his bid for the White House,” Mr. Saunders said. “The nation should be on high alert, because, today, we are all Floridians.”Some centrist Republicans say the way Mr. DeSantis has pushed Florida to the right on social issues is a potential weakness in a general election. Representatives for Mr. DeSantis did not immediately respond to requests for comment.As he travels the state, the lines between Mr. DeSantis’s roles as governor and potential presidential candidate can sometimes seem blurred.On Tuesday, after he signed several bills near Fort Lauderdale aimed at curbing human trafficking, an issue that the right has tried to weaponize in national politics, Mr. DeSantis received a boost from Florida’s two top Republican legislative leaders, Kathleen Passidomo, the Senate president, and Paul Renner, the House speaker.After the signing concluded, Ms. Passidomo and Mr. Renner stepped up to a lectern — embossed with Florida’s state seal, rather than the “Stop Human Trafficking” sign that the governor had used moments earlier — to endorse Mr. DeSantis for president, an office he is not yet formally seeking.Katie Betta, a spokeswoman for Ms. Passidomo, said that the endorsement was a matter of convenience because the governor and legislative leaders had not been together since the lawmaking session ended on May 5. “It was a good opportunity to answer a question they have both been getting from the press since the day they were sworn in last November,” Ms. Betta wrote in an email, referring to Ms. Passidomo and Mr. Renner.On Wednesday, the main super PAC backing Mr. DeSantis unveiled endorsements from nearly 100 state lawmakers. Behind the scenes, the governor’s allies and political operatives have been jostling with former President Donald J. Trump’s team to secure those pledges. At the federal level, members of Florida’s congressional delegation have swung heavily for Mr. Trump.Mr. DeSantis has now held an official event on every weekday this month. He spends his weekends on political travel, including to the crucial early-voting state of Iowa last Saturday.Since winning re-election in a rout in November, Mr. DeSantis has regularly faced questions at state events about his national political ambitions. For months, he usually fended them off with quips about how he was not interested in petty infighting and how it was too soon to be talking about future campaigns with the annual lawmaking session pending.No more. On Tuesday, Mr. DeSantis jumped at the chance to call out Mr. Trump for dodging a question about abortion. The former president had criticized Florida’s six-week ban as too harsh while remaining noncommittal about what restrictions he might support.“I signed the bill. I was proud to do it,” Mr. DeSantis told reporters. “He won’t answer whether he would sign it or not.”This time, it was the swipe at Mr. Trump that made headlines. More

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    A Crucial Question in Thailand’s Election: Can You Criticize the King?

    Liberal voters have intensified their scrutiny of the Thai monarchy in recent years. Conservatives have responded with a campaign to defend the institution at all costs.When Thais go to the polls on Sunday, they will be voting in a closely fought election that is seen, in part, as a referendum on whether it is illegal to criticize the Thai monarchy.Thailand has one of the world’s strictest laws against defaming or insulting the king and other members of the royal family. Once considered taboo, the topic of the monarchy was brought to the forefront after tens of thousands of protesters took to the streets and called for checks on the institution’s power in 2020.The protests represented two sides of an impassioned struggle to determine the role of the crown in modern Thailand. The election could determine whether the Southeast Asian nation of 72 million will revive its once-vibrant democracy or slide further toward authoritarian rule, with royalists firmly in power.On one side of the debate are conservative political parties whose standard-bearer is Prime Minister Prayuth Chan-ocha, the general who has governed Thailand for nine years after seizing power in a coup. He and his supporters argue that amending the law could lead to abolishing the monarchy altogether, and have vowed to defend the royal family.On the other side is the progressive Move Forward Party, which is polling in second place and argues that the law needs to be amended because it is being used as a political weapon. Several young people who participated in the 2020 protests are now running as candidates with the Move Forward Party.Anti-government protesters flashing a three-fingered salute, a sign of resistance, at a demonstration in Bangkok in 2020.Adam Dean for The New York Times“Perhaps one of the deepest fault lines in Thai society is about the monarchy,” said Sunai Phasuk, a senior researcher on Thailand for Human Rights Watch.Paetongtarn Shinawatra, the youngest daughter of the ousted former Prime Minister Thaksin Shinawatra and the front-runner for prime minister, is treading carefully. Her father, a populist billionaire, is one of the most divisive political figures in Thailand. He lives in self-exile after being ousted in a coup in 2006 and can only return to Thailand with the king’s permission.Royalists have consistently accused Mr. Thaksin of wanting to overthrow the monarchy, a charge that he denies. Ms. Paetongtarn has said her party, Pheu Thai, would not abolish the law protecting the monarchy from criticism, but that the issue of reform must be openly discussed in Parliament.King Maha Vajiralongkorn greeting his supporters in Bangkok during a ceremony in remembrance of his father, King Bhumibol Adulyadej.Adam Dean for The New York TimesOpinion polls show that the party of Mr. Prayuth, United Thai Nation, is trailing in third place behind Pheu Thai, which has topped the polls. In recent weeks, there has also been a surge in support for the Move Forward Party, which is polling a close No. 2.Move Forward is the largest party pushing to amend the law, irking conservatives who have accused it of undermining the monarchy. The party wants to cut the jail terms of violators of the law and designate the Bureau of the Royal Household as the only agency allowed to file lawsuits. (Any Thai citizen is able to file complaints under the current version of the law.)Conservative politicians have threatened to disband Move Forward. The party’s previous iteration, the Future Forward Party, was dissolved in 2020 by the Constitutional Court. In a sign of how sensitive the topic of reform has become, Move Forward has attempted to moderate its position, saying reform would not take precedence in its campaign.For decades, the monarchy and the military have had a symbiotic relationship, with the army frequently reminding the public that it is the true guardian of the Thai crown. Thais are taught from a young age that they have to love the king and that any criticism of the monarchy is strictly forbidden.But today, many Thais no longer stand at attention when the royal anthem is played in public spaces such as movie theaters. Royalist Marketplace, a Facebook group set up to satirize the monarchy, had more than 1 million members before Facebook blocked access to it in 2020, citing a Thai government request.The law criminalizing criticism of the monarchy carries a minimum sentence of three years if violated — the only law in Thailand that imposes a minimum jail term — and a maximum sentence of up to 15 years. After the 2020 protests, the authorities charged at least 223 people, including 17 minors, for violating the law, known as Article 112.In the area around the Grand Palace in Bangkok, posters of the king and queen are ubiquitous.Adam Dean for The New York TimesTantawan “Tawan” Tuatulanon, a 21-year-old law student, was accused of violating the rule in 2022 after she and her friends conducted a poll asking whether the royal motorcade was an inconvenience to Bangkok residents.In recent weeks, she has been pressing political parties on whether they would amend the law — which she is in favor of abolishing — after the election. On Wednesday, Ms. Tantawan was arrested after she called for the release of a 15-year-old charged with violating the rule.“I feel we don’t need any law that specially protects anybody or any family,” said Ms. Tantawan, who mounted a hunger strike earlier this year in protest against the government. “He is a person like us, not a god or a demigod.”King Maha Vajiralongkorn Bodindradebayavarangkun, who ascended the throne in 2016, is not as beloved as his father, King Bhumibol Adulyadej, who reigned for 70 years. While King Bhumibol was revered in Thailand, his son used to spend most of his time in Germany, though he has been seen more often in public since the 2020 protests.In the wake of the protests, Mr. Prayuth instructed all government officials to “use every single law” to prosecute anyone who criticized the monarchy. Royalists stepped up their campaign against people they accused of insulting the crown, filing more complaints and attacking anti-monarchy activists.In 2021, Warong Dechgitvigrom, a former doctor, founded Thailand’s first far-right party, Thai Pakdee, in response to what he called the “Three Fingers Mob,” referring to the three-finger salute adopted by young Thais as a symbol of resistance during the 2020 protests.A supporter holds up a poster of King Bhumibol Adulyadej during a rally for Thai Pakdee, a right-wing party that is centered on defending the monarchy against criticism.Jorge Silva/ReutersHe now says the current law protecting the monarchy does not go far enough, as it is limited to shielding four key members of the royal family. Former Thai kings, princes, princesses and the word “monarchy” itself should also be protected, he said.Although Mr. Warong’s views are considered extreme, he says he has collected about 6,000 to 7,000 signatures for his proposal, and that he is confident he can gather the 10,000 signatures needed for the House of Representatives to consider passing the bill.Mr. Warong says people need to understand that the Thai monarchy is unique. He recalled France’s former monarchy as one characterized by the oppression of its people. “But ours is like father and children,” he said. “We have good feelings together, there are no bad feelings.”Those views are at odds with how many young people feel about the king. During the 2020 demonstrations, protesters questioned the wealth of the royal family, which is one of the richest in the world.Protesters in 2020 at a pro-democracy rally in front of the Siam Commercial Bank, demanding that the king return royal assets to the people and reform the monarchy.Adam Dean for The New York TimesKasit Piromya, a former foreign minister, said it would be challenging for Mr. Warong and his party to lead a successful campaign backing the constitutional monarchy because many young people “don’t see what is in it for them.”“If you cannot speak this in the open, then it gives more room and ammunition to the students, to the Thaksin supporters to say, ‘We are more democratic,’” Mr. Kasit said, referring to calls to reform the monarchy.Arnond Sakworawich, an assistant professor of statistics at the National Institute of Development Administration, said that preserving Article 112 was necessary because the king and the royal family do not defend themselves against criticism.“It’s a different culture, because in Thailand, people believe that the king is their parent, and parents never hurt their children,” said Mr. Arnond, who is known for his royalist views. “So there must be some people to protect the king.”In their zeal to defend the monarchy, many royalists may ultimately end up hurting the institution more than they protect it.Siripan Nogsuan Sawasdee, the head of the department of government at Chulalongkorn University, said it was “very precarious and risky” for parties such as Thai Pakdee to use the monarchy as a campaigning platform.“Even though the monarchy is above politics, it’s now drawn into the divide,” she said. “It will polarize the voters and parties into two camps, inevitably.”Young protesters flash the three-fingered, anti-government salute at a pro-democracy rally at Democracy Monument in Bangkok.Adam Dean for The New York TimesRyn Jirenuwat More

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    Texas Republicans Push New Voting Restrictions Aimed at Houston

    The bills propose limits on polling places, tougher penalties for illegal voting and a way for the Republican-led state to order new elections in its largest city.HOUSTON — Across Harris County, an emerging Democratic stronghold in reliably red Texas, roadside signs posted last November urged harried drivers to vote Republican. A celebrity furniture salesman, beloved by many Houstonians, cut ads with the Republican candidate for the top county administrator’s post.The 2022 races for local judges and county leaders were among the hardest fought and most expensive yet seen in the sprawling county of 4.8 million, which includes Houston, as Republicans looked to capitalize on crime concerns to make headway in the state’s largest urban area.But they fell short.Now, the county is in the cross hairs of the Republican-dominated state Legislature, which is trying to exert more control over voting there. Lawmakers are pushing dozens of new election bills, including limits on polling places, felony penalties for illegal voting and a mechanism for the state to order new elections when voting problems occur in Texas counties with more than 2.7 million people, a category that includes only Harris County.At the same time, more than a dozen election challenges have been filed by losing Republican candidates in the county who have argued that significant problems at a limited number of polling places on Election Day, including insufficient supplies of ballot paper, were enough change the outcomes of races. While local leaders acknowledge issues, evidence has not been presented that they affected the results.Still, the two-front fight, both in the courts and in the State Capitol, highlighted just how important it is for Republicans to keep Harris County in play and not let it become another strongly blue urban center along the lines of Austin or Dallas. As recently as 2014, the party controlled the county, whose Republican top official was re-elected in a landslide. But it has been moving left ever since.“I tell people, we could be the reason we lose Texas, just because of our size,” said Cindy Siegel, the chair of the county Republican Party, sitting in her office under a painting of George W. Bush with smoke rising from Lower Manhattan after Sept. 11, 2001.“We’re the wall,” she added. “And they say, so goes Texas, so goes the country. So Harris County is the battleground.”Harris County, an area larger than the state of Rhode Island, includes the reliably Democratic city of Houston.Tamir Kalifa for The New York TimesThe election bills aimed at the county are part of a broad effort by Republican state leaders to increase their control over Texas’ Democratic-run urban areas. They include bills prohibiting local governments from adopting certain local ordinances, including over worker pay or hours, and allowing for the removal of elected local prosecutors who refuse to enforce certain laws, such as those banning abortion. The approach mirrors those in other red states with large blue cities, such as Tennessee and Florida.Republican lawmakers in Texas passed an overhaul of election rules just two years ago in a bitter fight with Democrats. They returned to the subject this session in large part to address the results in Harris County in November.The election there provided a contentious backdrop because there were real issues during the vote. Some polling places opened late, while others struggled with enough paper to accommodate the two-sheet ballot printouts needed for the county’s huge list of races. The local district attorney, a Democrat, opened an investigation last year.“The legislative push is to make sure that this never happens in any county in Texas,” said Senator Paul Bettencourt, a Houston Republican and the sponsor of several of the bills. “I believe the lack of ballot paper is voter suppression.”But county officials said the election bills do not address the issues that arose in Harris County. Instead, they said, the proposed laws could dampen turnout by limiting voting options and would give a partisan secretary of state, an official appointed by the governor, the power to overturn results and order a new vote if ballot paper issues arose again.Christian Menefee, the Harris County attorney, said the election challenges appeared to try to lay the groundwork for giving Republicans more control over the elections in a Democratic county. “It is a solution in search of a problem that’s not widespread,” he said.“As a Black man whose grandfather paid a poll tax, this whole ordeal is infuriating,” said Mr. Menefee, a Democrat. “It’s a complete misuse of the word disenfranchisement from people who, by the way, are still working to disenfranchise folks.”The scale of the problems on Election Day — which featured new voting machines and a lengthy ballot that required two pages of paper per voter — remain a matter of dispute, both in court and before the Legislature. But they do not appear to have affected the vast majority of the county’s 782 polling locations.Election workers organized ballot machines and results at NRG Arena in Houston on Election Day in 2022.Annie Mulligan for The New York TimesAt a hearing before a State House committee in March, the head of the secretary of state’s elections division said that despite logistical problems, the 2022 election “was one of the best elections we’ve seen” in several years in Harris County, though he acknowledged it was a low bar given the roundly criticized primary election earlier in the year.Republicans have said the November results were indeed affected because, they have argued, the ballot issues arose in precincts where their voters turn out in large numbers. Democratic county officials have said the problems occurred in other areas as well and were limited in scope: A postelection report by the election administrator, Clifford Tatum, found that 68 polling places reported running out of paper on Election Day, and 61 said they later received additional paper.County officials have resisted releasing documents and other information about the handling of voting issues on Election Day in response to public information requests, citing the ongoing litigation. Among Senator Bettencourt’s election bills is one that would remove the “litigation exception” for requests for certain election records.With that backdrop, the State Senate has advanced more than a dozen election bills, explicitly or implicitly aimed at Harris County, an area larger than the state of Rhode Island that includes not only the reliably Democratic city of Houston but also some of its more moderate suburbs.The county since 2016 has shifted ever more firmly into the Democratic column in presidential races and local ones as well, as formerly conservative neighborhoods and growing Houston suburbs have grown more diverse and trended blue. The political make-up of the five-member commissioners court, which administers the county, has gone from a three-two Republican majority in 2014 to a four-one Democratic majority now.Republicans are hoping, if not to reverse that trend, then at least to keep the contests close and, sometimes, winnable.“The Texas Legislature will ensure that there are consequences for Harris County’s failure to run elections,” said Senator Mayes Middleton, a Houston-area Republican and the sponsor of the bill to allow the secretary of state to order new elections in certain cases of ballot paper problems. “Disenfranchising voters is unacceptable,” Mr. Middletown said, in a statement.Also of concern to Democrats and advocates of expanding access to the polls is another bill, which passed the State Senate last month, that would limit voters to their assigned polling place. Some counties, including Harris County, currently allow voters to cast a ballot anywhere in the county.“It’s definitely one of the most damaging,” said Katya Ehresman, the voting rights program manager at the advocacy group Common Cause Texas, because by limiting voters’ options it could decrease turnout. The bill, like others that have made it through the Senate, must still pass the more moderate, Republican-controlled State House.In the last election, voters whose polling places ran out of paper were able to go to another location in the county, though some gave up without voting.Twenty-one Republican candidates have filed election challenges, including Alexandra del Moral Mealer, who lost the Harris County judge race by 18,000 votes.Annie Mulligan for The New York TimesMany of the legal challenges to the November election in Harris County involve voters who were unable to cast ballots.Leila Perrin said she had gone to vote in a more conservative section of West Houston shortly before the polls closed on Election Day and encountered a chaotic scene. “I went to get out of my car, and these people were leaving and they said, ‘Don’t bother,’” she recalled. “I said ‘Why?’ And they said, ‘They don’t have any paper ballots.’”Ms. Perrin, 72, had planned to vote against the top county official, the Democratic county judge Lina Hidalgo. So she drove to another polling site nearby and found the same situation. By then it was 10 minutes before the polls closed. “So I just went home. I was furious,” she said.Twenty-one Republican candidates have filed election challenges including Ms. Perrin’s favored candidate, Alexandra del Moral Mealer, who lost to Ms. Hidalgo by 18,000 votes. The first trial is set to begin in June.Some voters also found themselves unable to vote in predominantly Democratic precincts temporarily on Election Day, though no Democratic candidates have filed challenges. For example, voters were turned away from one such location that did not open for hours. All polls in the county were ordered to stay open an extra hour under an emergency court order, but then voting was halted by the Texas Supreme Court after an appeal from the Republican attorney general.“Issues don’t mean conspiracies,” said Representative John Bucy, a Democratic member of the Texas House elections committee. “Our elections are run effectively in the state of Texas. Nothing is perfect, but they’re effective.”At a hearing of the elections committee last month, an election judge in Harris County said he had run out of paper by 6 p.m. on Election Day despite flagging the issue several times during the day.“We had about 40 people in line, most of whom left to find another polling place,” said the judge, Christopher Russo. Those who stayed would be able to vote, he said he told them, but he could not guarantee how long it would take to get the paper.“I finally received ballot paper at 9:05 p.m.,” he said. By that time, only four people remained in line. More

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    Vivek Ramaswamy, the Wealthy Republican Who Thinks Trump Didn’t Go Far Enough

    Vivek Ramaswamy, the Republican wunderkind running for his party’s presidential nomination, would like potential supporters to know he believes in the rule of law and the Constitution’s separation of powers — though his applications of such principles can seem selective.After intense study of the Constitution, Mr. Ramaswamy says he believes that the awesome powers of the presidency would allow him to abolish the Education Department “on Day 1,” part of an assault on the “administrative state” that his 2024 rival, Donald J. Trump, fell short on during Days 1 through 1,461 of his presidency. Never mind that the Constitution confers the power of the purse on Congress, and a subsequent law makes it illegal for the president not to spend that money.Mr. Ramaswamy also wants to eradicate teachers’ unions, though he concedes that they are governed by contracts with state and local governments.And he says he would unleash the military to stamp out the scourge of fentanyl coming across the Southern border, unworried by the Posse Comitatus Act of 1878, which prohibits the use of the military for civil law enforcement.In short, Mr. Ramaswamy, a lavishly wealthy 37-year-old entrepreneur and author pitching himself as a new face of intellectual conservatism, is promising to go farther down the road of ruling by fiat than Mr. Trump would or could.Mr. Ramaswamy has already lent his well-appointed campaign more than $10 million, and he has said he will spend over $100 million if necessary. John Tully for The New York Times“I respect what Donald Trump did, I do, with the America First agenda, but I think he went as far as he was going to go,” Mr. Ramaswamy told a crowd of about 100 on Tuesday night at Murphy’s Tap Room in Bedford, N.H. “I’m in this race to take the America First agenda far further than Donald Trump ever did.”Mr. Ramaswamy, a Cincinnati-born son of Indian immigrants, would seem to be the longest of long shots: He has never held elective office and has vanishingly low name recognition. But he is playing to sizable crowds and exudes a confidence that can be infectious. He has already lent his well-appointed campaign more than $10 million and has said he will spend over $100 million if necessary. Recent polling, both nationally and in New Hampshire, shows him on the rise in the Republican field, though at no more than 5 percent.His overt shots at Gov. Ron DeSantis of Florida, whom he labels a visionless “implementer” without the courage to venture into the hostile territories of college campuses or NBC News, are intended to clear what he sees as an eventual showdown with Mr. Trump. His brashest criticism of the former president is over Mr. Trump’s suggestion that he might skip primary debates, depriving Mr. Ramaswamy of the stage he says he needs to catch his rival.Mr. Ramaswamy sees a simple path to the White House: score respectably in the Iowa caucuses, win New Hampshire, vault to the nomination — and then triumph in a landslide that would exceed Ronald Reagan’s victory over Jimmy Carter in 1980.“Even as a freshman, he had a similar voice, confident, articulate, very sure of himself,” said Anson Frericks, a high school friend of Mr. Ramaswamy’s and a business partner at the asset management firm they founded to give investors financial options untethered to socially conscious corporations. “Confidence builds with success. It’s a virtuous cycle.”And though his promises may be legally problematic, they sound correct to many Republicans — or at least authoritative. Mr. Ramaswamy at Linda’s Breakfast Place in Seabrook, N.H., on Thursday. Recent polling, both nationally and in New Hampshire, shows him on the rise in the Republican field, though at no more than 5 percent.John Tully for The New York Times“He seems like he knows what he’s talking about,” said Bob Willis, a self-described “Ultra-MAGA Trump person” who was waiting for Mr. Ramaswamy to arrive on Wednesday in Keene, N.H.Confidence is Mr. Ramaswamy’s gift. His father, an engineer and a patent lawyer at General Electric, is, the candidate says, far more liberal than his son. His mother is a physician. He attributes his strict vegetarianism to his Indian roots. A piano teacher began Mr. Ramaswamy’s political journey with long asides on the evils of government and the wrongs of Hillary Clinton. At Harvard, he majored in biology and developed a brash libertarianism complete with a political rapper alter ego, “Da Vek.”Between graduation and Yale Law School, he worked in finance, investing in pharmaceutical and biotech companies. Before getting his law degree, he was already worth around $15 million, he said in an interview, during which he worried about wealth inequality.“I think it fuels a social hierarchy in our country that rejects the premise that we’re all coequal citizens,” he said.Mr. Ramaswamy, a Cincinnati-born son of Indian immigrants, has never held elective office and has low name recognition.John Tully for The New York TimesIndeed, Mr. Ramaswamy’s promises have an overarching theme that the nation — especially his generation and younger — has lost its spiritual center, creating what the mathematician Blaise Pascal called “a God-shaped vacuum in the heart.” That hole is being filled, Mr. Ramaswamy says, by “secular cults” — racial “wokeism,” sexual and gender fluidity, and the “climate cult” — which can be “diluted to oblivion” only with the rediscovery of the American ideals of patriotism, meritocracy and sacrifice. Mr. Ramaswamy can say things that stretch credulity or undermine his seriousness. He boasts on the campaign trail of his recent star turn jousting with Don Lemon just before Mr. Lemon was fired by CNN. But his statement in that exchange that Black Americans did not secure their civil rights until they secured their right to bear arms made little historical sense, since the civil rights movement was predicated on nonviolence. Indeed, the arming of the Black Panthers led to a deadly government crackdown.Mr. Ramaswamy accepts the established science that the burning of fossil fuels is warming the planet, but his answer is to “drill, frack, burn coal” and use more fossil fuels. That will supposedly unleash economic growth that will pay for mitigation efforts to shield everyone from climate change.He also says he is the first presidential candidate to promise to end race-based affirmative action, ignoring that this was the centerpiece of Ben Carson’s presidential run in 2016. Mr. Ramaswamy would end affirmative action by executive order, he says.He would not spend another dollar on aid to Ukraine but would use military force to “annihilate” Mexican drug cartels.Gregg Dumont, wearing a T-shirt picturing Mr. Trump in jail as a political prisoner, said Mr. Ramaswamy had his vote over the man on his shirt. John Tully for The New York TimesOn Wednesday night in Windham, N.H., Mr. Ramaswamy suggested he would name Robert F. Kennedy Jr., the Democratic vaccine skeptic challenging President Biden, as his running mate. On Tuesday in Bedford, he was asked by a woman with a Black son-in-law and a mixed-race grandson to clarify the meaning of “anti-woke.”Mr. Ramaswamy — the author of “Woke Inc.: Inside Corporate America’s Social Justice Scam” — answered, “I’ve never used that word to actually describe myself,” as aides handed out stickers reading: “Stop Wokeism. Vote Vivek.”All of this can be somewhat mystifying to prominent people who worked with him. Mr. Ramaswamy’s real fortune comes from the pharmaceutical investment and drug development firm Roivant Sciences, founded after the entrepreneur had a “brilliant” idea, said Donald M. Berwick, a former administrator of the Centers for Medicare and Medicaid Services under President Barack Obama.Pharmaceutical giants often abandon research efforts after concluding that even if they are successful, the medicinal product might not be profitable. Roivant would then pick up such ventures and bring them to market. Roivant’s advisory board eventually included Tom Daschle, the former Democratic senator and Senate majority leader; Dr. Berwick; and Kathleen Sebelius, a health and human services secretary in the Obama administration.Part of the appeal, Mr. Daschle said, was Mr. Ramaswamy’s commitment to bringing prescription drugs to market at affordable prices.“I just assumed that because he was so interested in doing as much as he was to lower costs, social responsibility and corporate responsibility was part of his thinking,” Mr. Daschle said.Then, after George Floyd’s murder in 2020, Mr. Ramaswamy began publicly castigating corporations for speaking out on social issues like Black Lives Matter, voting rights and “E.S.G.” — environmental, social and governance investing. Opinion columns in The Wall Street Journal were followed by appearances on Tucker Carlson’s now-canceled Fox News show.“I was rather shocked,” said Dr. Berwick, who resigned from Roivant on Jan. 12, 2021. Within days, Mr. Daschle and Ms. Sebelius quit. Mr. Ramaswamy soon followed, to write three books, help start the asset management company with Mr. Frericks and run for president.Mr. Ramaswamy says he would not spend another dollar on aid to Ukraine but would use military force to “annihilate” Mexican drug cartels.John Tully for The New York TimesAt this very early stage of the campaign, Mr. Ramaswamy is open about the limits of his appeal. Evangelical Christians who dominate the Republican caucuses in Iowa will need to be brought along to his Hindu faith. His “war with Mexico” may go over well in South Carolina, but faces resistance among more libertarian voters in New Hampshire, he said.And New Hampshire cynics don’t quite know how seriously to take him. Victoria Gulla, 50, of Spofford, N.H., questioned whether he was part of a back-room deal with Mr. Trump to help take out Mr. DeSantis in exchange for a position in the next Trump administration, in the way she thinks Chris Christie, the former New Jersey governor, helped take down Senator Marco Rubio in New Hampshire in 2016.In a statement on Friday afternoon, Mr. Trump fueled that kind of speculation, saying he was “pleased to see that Vivek Ramaswamy is doing so well” in a recent poll and “seems to be on his way to catching Ron DeSanctimonious.”A hundred million dollars in self-funding could keep Mr. Ramaswamy in the race for a long time, and some voters were clearly persuaded by Mr. Ramaswamy’s nearly messianic appeal for a spiritual and social renewal.Gregg Dumont, 45, of Manchester, broke into tears in Windham as he praised the candidate for daring to save his children from moral decay and what he called the “racism” of identity politics.Mr. Dumont, wearing a T-shirt picturing Mr. Trump in jail as a political prisoner, said Mr. Ramaswamy had his vote over the man on his shirt: “All the policies with an upgrade, and none of the personality,” he said. “I’m sick of the narcissism.” More

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    Florida Legislature Moves to Shield DeSantis’s Travel Records

    The NewsThe Florida Legislature passed a bill on Tuesday that would shield the travel records of Gov. Ron DeSantis and other top elected officials from public view, a significant change to the state’s vaunted sunshine laws as Mr. DeSantis explores a potential presidential campaign.Gov. Ron DeSantis of Florida has faced increasing scrutiny for his use of private chartered flights.Justin Ide/ReutersWhy It Matters: Who’s paying, and who else is flying?Though the law purports to shield Mr. DeSantis’s and other top officials’ travel records under the umbrella of increasing threats and operational security, it also includes a sweeping retroactive clause that would block the release of many records of trips already taken by Mr. DeSantis and other officials, as well as those taken by their families and staff members.Mr. DeSantis has been facing increasing scrutiny for his use of private chartered flights — including questions about who paid for the travel and who flew with him — especially as his presidential ambitions come into clearer focus and he travels the country more extensively.In years past, Florida’s expansive transparency laws have exposed officials’ abuses of state resources: In 2003, for example, Jim King, the president of the State Senate, was found to have used a state plane to fly home on the weekends.What’s Next: A target for other potential Republican contenders.The bill now heads to Mr. DeSantis’s desk. The governor has avoided directly commenting on the bill and has stated that he did not draft the initiative, but many Florida Republicans expect that he will sign it into law.“It’s not necessarily something that I came up with,” Mr. DeSantis said on Monday at an event in Titusville. He added that the legislation was “motivated by a security concern” and that he had been receiving a lot of threats.The Florida Department of Law Enforcement, which is led by a DeSantis appointee, has also expressed support for the bill, stating in April that releasing travel details “represents a risk not only to those we protect, but also F.D.L.E. agents and citizens attending events.”Critics of the bill, however, note that adding the retroactive clause does not fit with a security justification. “How is there a security issue for travel that’s already occurred?” said Barbara Petersen, the executive director of the Florida Center for Government Accountability, after the bill first advanced out of committee in April.The proposed changes have drawn the attention of some of Mr. DeSantis’s potential Republican rivals for president.“In recent months, Governor DeSantis has used taxpayer dollars to travel around the country for his 2024 presidential campaign, including to the early voting states of Iowa and Nevada,” the campaign of Donald J. Trump said in a statement last month. “DeSantis’s gubernatorial office, however, refuses to tell reporters — and the public — how much taxpayer money has been spent to fund these travels, or how much DeSantis’s April globe-trotting will cost.” More

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    House G.O.P., Divided Over Immigration, Advances Border Crackdown Plan

    Republicans are eyeing a vote next month on legislation that would reinstate Trump-era policies, after feuding that led leaders to drop some of the plan’s most extreme provisions.WASHINGTON — House Republicans on Thursday pushed ahead with a sweeping immigration crackdown that would codify several stringent border policies imposed by the Trump administration, after months of internal feuding that led G.O.P. leaders to drop some of the plan’s most extreme provisions.The House Judiciary and Homeland Security Committees in recent days approved their pieces of the plan, which has little chance of being considered in the Democratic-led Senate but sets up a pivotal test of whether Republican leaders can deliver on their campaign promise to clamp down on record migrant inflows.For Republicans, who have repeatedly attacked President Biden on his immigration policies and embarked on an effort to impeach his homeland security secretary, the measure is a chance to lay out an alternative vision on an issue that galvanizes its right-wing base.The legislation, now expected on the floor next month, would direct the Biden administration to resume constructing the border wall that was former President Donald J. Trump’s signature project. It would also mandate that employers check workers’ legal status through an electronic system known as E-Verify and reinstate the “Remain in Mexico” policy, forcing asylum applicants to wait in detention facilities or outside the United States before their claims are heard.The plan “will force the administration to enforce the law, secure the border, and reduce illegal immigration once again,” Representative Mark E. Green, Republican of Tennessee and the Homeland Security Committee’s chairman, said during the panel’s debate on Wednesday.Democrats have derided the package as misguided and draconian, accusing Republicans of seeking to invigorate their core supporters in advance of the 2024 election by reviving some of Mr. Trump’s most severe border policies. They made vocal objections to provisions that would ban the use of the phone-based app known as “C.B.P. One” to streamline processing migrants at ports of entry, expedite the deportation of unaccompanied minors, and criminalize visa overstays of more than 10 days.Republicans “want to appeal to their extreme MAGA friends more than they want progress,” Representative Bennie Thompson of Mississippi, the top Democrat on the Homeland Security Committee, said Wednesday, calling the Republican legislation a “profoundly immoral” piece of legislation that would “sow chaos at the border.”Still, the package represents a compromise of sorts between hard-right Republicans and more mainstream G.O.P. lawmakers, including a mostly Latino group from border states that balked at proposals that threatened to gut the nation’s asylum system.The party’s immigration plan — which top Republicans had hoped to pass as one of their first bills of their new House majority — has been stalled for months. A faction led by Representative Tony Gonzales, Republican of Texas, has raised concerns about the asylum changes, threatening to withhold votes that Speaker Kevin McCarthy, Republican of California, cannot afford to lose given his slim majority.Over the last week, G.O.P. leaders have quietly made a series of concessions to win over the skeptics. Republicans on the Judiciary Committee agreed to drop a provision that would have effectively stopped the intake of asylum seekers if the government failed to detain or deport all migrants seeking to enter the country without permission. But the measure still contains a number of new asylum restrictions.“It’s in a good spot,” Mr. Gonzales said of the legislation on Thursday, saying that the changes made to the asylum provision had satisfied his concerns. “As long as nobody does any funny business — you’ve got to watch it till the very end.”G.O.P. leaders predicted on Thursday that they would be able to draw a majority for the legislation when it comes to the House in mid-May, a timeline selected to coincide with the expected expiration of a Covid-era policy allowing officials to swiftly expel migrants at the border. The termination of the program, known as Title 42, is expected to inspire a new surge of attempted border crossings and supercharge the already bitter partisan debate over immigration policy.But it was unclear whether Republicans who had objected to the E-Verify requirement would be on board.Representative Thomas Massie, Republican of Kentucky withheld his support for the Judiciary Committee’s bill because of the work authorization mandate, arguing that people “shouldn’t have to go through an E-Verify database to exercise your basic human right to trade labor for sustenance.”Such databases “always get turned against us, and they’re never used for the purpose they were intended for,” added Mr. Massie, a conservative libertarian.Representative Dan Newhouse, a Republican farmer in Washington State, has expressed concern that the E-Verify mandate could create labor shocks in the agricultural sector, which relies heavily on undocumented immigrant labor. Though the legislation delays the requirement for farmers for three years, Mr. Newhouse has argued that any such change should be paired with legislation creating more legal pathways for people to work in the United States.With the expected floor vote just weeks away, G.O.P. leaders have been treading carefully, even making last-minute concessions to Democrats in hopes of bolstering support for the legislation.During the wee hours on Thursday morning, as the Homeland Security Committee debated its bill, Republicans pared back language barring nongovernmental organizations that assist undocumented migrants from receiving funding from the Department of Homeland Security. They did so after Democrats pointed out the broadly phrased prohibition could deprive legal migrants and U.S. citizens of critical services as well.Their changes did not go far enough to satisfy Democrats, who unanimously opposed the package on the Judiciary and the Homeland Security panels — and are expected to oppose the combined border security package en masse on the House floor.They have also argued that any measure to enhance border security or enforcement must be paired with expanded legal pathways for immigrants to enter the United States. More