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    Fearing a Trump Repeat, Jan. 6 Panel Considers Changes to Insurrection Act

    The 1807 law allows a president to deploy American troops inside the country to put down a rebellion. Lawmakers fear it could be abused by a future president trying to stoke one.WASHINGTON — In the days before the Jan. 6 attack on the Capitol, some of President Donald J. Trump’s most extreme allies and members of right-wing militia groups urged him to use his power as commander in chief to unleash the military to help keep him in office.Now, as the House committee investigating last year’s riot uncovers new evidence about the lengths to which Mr. Trump was willing to go to cling to power, some lawmakers on the panel have quietly begun discussions about rewriting the Insurrection Act, the 1807 law that gives presidents wide authority to deploy the military within the United States to respond to a rebellion.The discussions are preliminary, and debate over the act has been fraught in the aftermath of Mr. Trump’s presidency. Proponents envision a doomsday scenario in which a rogue future president might try to use the military to stoke — rather than put down — an insurrection, or to abuse protesters. But skeptics worry about depriving a president of the power to quickly deploy armed troops in the event of an uprising, as presidents did during the Civil War and the civil rights era.While Mr. Trump never invoked the law, he threatened to do so in 2020 to have the military crack down on crowds protesting the police killing of George Floyd. Stephen Miller, one of his top advisers, also proposed putting it into effect to turn back migrants at the southwestern border, an idea that was rejected by the defense secretary at the time, Mark T. Esper.And as Mr. Trump grasped for ways to overturn his defeat in the 2020 presidential election, some hard-right advisers encouraged him to declare martial law and deploy U.S. troops to seize voting machines. In the run-up to the Jan. 6 attack, members of right-wing militia groups also encouraged Mr. Trump to invoke the law, believing that he was on the brink of giving them approval to descend on Washington with weapons to fight on his behalf.“There are many of us who are of the view that the Insurrection Act, which the former president threatened to invoke multiple times throughout 2020, bears a review,” said Representative Zoe Lofgren, Democrat of California and a member of the Jan. 6 committee.While no evidence has emerged that Mr. Trump planned to invoke the act to stay in office, people close to him were pushing for him to do so. Michael T. Flynn, Mr. Trump’s first national security adviser, attended a meeting in the Oval Office on Dec. 18, 2020, in which participants discussed seizing voting machines, declaring a national emergency and invoking certain national security emergency powers. That meeting came after Mr. Flynn gave an interview to the right-wing television network Newsmax in which he talked about a purported precedent for deploying troops and declaring martial law to “rerun” the election.Some hard-right advisers to Mr. Trump encouraged him to declare martial law and deploy U.S. troops to seize voting machines after the 2020 election.Brittany Greeson for The New York TimesThe idea was also floated by Roger J. Stone Jr., the political operative and longtime confidant of Mr. Trump, who told the conspiracy theorist Alex Jones in an interview that Mr. Trump should consider invoking the Insurrection Act.In the weeks before the riot, the notion was prevalent among militia members and other hard-right supporters of Mr. Trump. It has surfaced repeatedly in evidence that federal prosectors and the House committee have obtained during their investigations into the Capitol attack.In December 2020, Stewart Rhodes, the leader of the Oath Keepers militia group, wrote an open letter to Mr. Trump in which he called on the president to “use the Insurrection Act to ‘stop the steal,’” begin seizing voting data and order a new election.“Clearly, an unlawful combination and conspiracy in multiple states (indeed, in every state) has acted to deprive the people of the fundamental right to vote for their representatives in a clear, fair election,” Mr. Rhodes wrote, adding, “You, and you alone, are fully authorized by the Insurrection Act to determine that such a situation exists and to use the U.S. military and militia to rectify that situation.”Stewart Rhodes, the leader of the Oath Keepers militia group, wrote an open letter to Mr. Trump in which he called on the president to “use the Insurrection Act to ‘stop the steal.’”Jim Urquhart/ReutersIn text messages and social media posts ahead of the Capitol riot, other Oath Keepers members also discussed the possibility of Mr. Trump invoking the Insurrection Act. Two of them, Jessica Watkins and Kelly Meggs, the head of the militia’s Florida chapter, have been charged in connection with the attack.And Mr. Rhodes sent armed men to a hotel in Virginia on Jan. 6 to await Mr. Trump’s order, which the militia leader said would nullify Washington gun restrictions and allow the group to take up arms and fight for the president.The House committee, which has interviewed more than 850 witnesses, is charged with writing an authoritative report about the events that led to the violence of Jan. 6 and coming up with legislative recommendations to try to protect American democracy from a repeat. Though their recommendations are likely to garner widespread attention, they are not guaranteed to become law.One such recommendation is almost certainly to be an overhaul of the Electoral Count Act, which Mr. Trump and his allies tried to use to overturn the 2020 election. In recent weeks, the panel has begun discussing whether to call for revisions to the Insurrection Act, which empowers the president to deploy troops to suppress “any insurrection, domestic violence, unlawful combination or conspiracy.”The changes under discussion could add a higher and more detailed threshold for a president to meet before he could deploy troops domestically, including requiring consultation with Congress.“Essentially, the former president threatened by tweet to send in the armed services to take over civilian governments, because he saw things that he didn’t like on TV,” Ms. Lofgren said, referring to Mr. Trump’s threats to invoke the Insurrection Act in response to racial justice protests. “That’s not really the history of the use of the act, and maybe more definition of terms might be in order.”The last time lawmakers turned their attention to a potential overhaul of the Insurrection Act was after Mr. Trump threatened in 2020 to invoke it to crush protests that spread across the country after a white police officer killed Mr. Floyd, an unarmed Black man, in Minnesota.“If a city or state refuses to take the actions necessary to defend the life and property of their residents, then I will deploy the United States military and quickly solve the problem for them,” Mr. Trump said then. White House aides drafted a proclamation to invoke the Insurrection Act in case the president followed through with the threat.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3Debating a criminal referral. More

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

    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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    DeSantis Is Trump 2.0

    The greatest damage Donald Trump did may not be in the actions he took, but in the influence he had.Donald Trump isn’t the brightest bulb. He’s tremendously talented as a room-reader and as a reflector of emotion, but he is no brilliant tactician, no wise sage, no erudite intellectual.He runs on spectacle and fury. There is no grand vision or grand plan. His quest is to win the moment. His focus is too narrow to even consider the larger struggle.But he did something, unleashed something, that is so much bigger than he is now or ever will be: He pushed the limits of acceptability, hostility, aggression and legality beyond where other politicians dared push them. And for the most part, he has not only survived it, but been rewarded for it.Now, the danger is that Republicans won’t only try to imitate Trump but to one-up him.Take Florida’s governor, Ron DeSantis.He is often described as a Trump ally, but covetousness is often born of communion. If “The Talented Mr. Ripley” had a political corollary, it might well be The Scheming Mr. DeSantis.Whereas Trump’s rhetoric was poisonous, and he issued some incredibly harmful orders and his administration instituted some corrosive policies, he wasn’t able to codify much of it. Some of Trump’s most high-profile policies — though not all — have been reversed by the Biden administration.DeSantis, along with some other Republican governors, is taking the next step, doing the thing that Trump couldn’t do much of: getting laws to his desk and signing them. They have taken what might once have been stigmas, realized that in the modern Republican Party they confer status, and converted them into statutes.It was on the state level that Jim Crow was erected, and it is on the state level that Donald Crow is being erected.Just take a look at the things that DeSantis has done since the 2020 elections.He has signed a voter suppression law, during an appearance on “Fox & Friends” no less, that included more restrictions on drop boxes and granted new authority to partisan poll watchers.He’s expected to sign the so-called “Don’t Say Gay” bill, which does far more damage than just tamping down classroom discussion. As my colleagues Amelia Nierenberg and Dana Goldstein have pointed out, it also has far-reaching implications for how mental health services are delivered to children, even those who may not be L.G.B.T.Q. One clause in the law reads:“Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards.”As Nierenberg concludes, “The impact is clear enough: Instruction on gender and sexuality would be constrained in all grades.”He has signed an anti-protesting law, which granted some civil protections to people who drove through protesters blocking a road. As The Orlando Sentinel reported in April 2021, when the bill was signed, the law “might have protected the white nationalist who ran over and killed counterprotester Heather Heyer during the Charlottesville tumult in 2017.” A judge blocked the legislation last fall.Earlier this month, the Florida Legislature passed the “Stop WOKE Act,” another so-called anti-critical race theory law. This one invoked the idea that a lesson that may make a person “feel guilt, anguish, or other forms of psychological distress” should be banned.DeSantis, who has been a big proponent of the bill and signed an executive order to this effect, is expected to sign the bill.DeSantis is even going further than his own Republican-controlled Legislature is willing to go on some issues. He threatened to veto a redistricting map drawn up by the Legislature that would most likely increase Republican seats. But it didn’t go far enough for DeSantis. He drew up his own map that would go further, reducing the Black and Hispanic voting power even more.He has also proposed raising his own defense force. As CNN reported in December, he wants to “re-establish a World War II-era civilian military force that he, not the Pentagon, would control,” one that would “not be encumbered by the federal government.”DeSantis has repeatedly claimed that he has no plans to run for president in 2024, but you always have to take politicians demurring in this way with a healthy dose of skepticism.DeSantis is playing to the base that Trump exposed and unleashed, but unlike Trump, he is demonstrating to them what it looks like when their priorities have the durability of enacted law. He is trying to be for them what Trump was not: a competent legislative deal maker.I don’t know whether DeSantis will run for president or if he could win, but he is the first version of what many of us fear: a Trump-like figure with less of the bombast (though DeSantis has plenty) and more of the killer skill to enact policy.DeSantis is Trump 2.0.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 and Twitter (@NYTopinion), and Instagram. More

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    The Supreme Court Did the Right Thing. I’m Still Worried.

    State legislatures are, and always have been, creatures of state constitutions, bound by the terms of those constitutions and subject to the judgments of state courts.This has important implications for the nature of state legislative power. The federal Constitution may give state legislatures the power to allocate electoral votes and regulate congressional elections, but that power is subject to the limits imposed by state constitutions.Imagine what could happen if that were not the case. Imagine, instead, that state legislatures had plenary power over federal elections, which would allow them to overrule state courts, ignore a governor’s veto and even nullify an act of Congress. State legislatures would, in essence, be sovereign, with unchecked power over the fundamental political rights of those citizens who lived within their borders.This change would both unravel and turn the clock back on our constitutional order, with states acting more like the quasi-independent entities they were before the Civil War and less as the subordinate units of a national polity.But that, apparently, is what some Republicans want.Recently, Republicans in North Carolina and Pennsylvania asked the U.S. Supreme Court to block congressional maps drawn by their state courts. Their argument was based on a revolutionary doctrine that would tee up this fundamental change to the American political system.The challenges, which failed, stemmed from the effort to gerrymander Democrats out of as much power as possible. In North Carolina, the proposed gerrymander was so egregious that the state Supreme Court ruled that it was in violation of the state’s constitution. The court drew a new map to rectify the problem. In Pennsylvania, likewise, state courts drew a new congressional map after Gov. Tom Wolf, a Democrat, vetoed the heavily gerrymandered map produced by the Republican-led legislature.The North Carolina Supreme Court’s ruling and the Pennsylvania governor’s veto should have been the last word. Both were acting in accordance with their state constitutions, which bind and structure the actions of the state legislatures in question. For Republicans, however, those checks on their power are illegitimate. Their argument, in brief, is that neither state courts nor elected executives have the right to interfere with or challenge the power of state legislatures as it relates to the regulation of federal elections.Nestled at the heart of the Republican argument is a breathtaking claim about the nature of state legislative power. Called the “independent state legislature” doctrine, it holds that Article I, Section 4 of the U.S. Constitution — which states that “the Times, Places and Manner of holding Elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators” — gives state legislatures total power to write rules for congressional elections and direct the appointment of presidential electors, unbound by state constitutions and free from the scrutiny of state courts.This isn’t a new theory, exactly. In his concurring opinion in Bush v. Gore in 2000 — joined by justices Antonin Scalia and Clarence Thomas — Chief Justice William Rehnquist argued that under Article II, any “significant departure from the legislative scheme for appointing Presidential electors presents a federal constitutional question.” Meaning, in short, that a state court could go beyond its authority in adjudicating state election law. The other two Republican-appointed justices on the court, Anthony Kennedy and Sandra Day O’Connor, declined to join Rehnquist’s concurrence, even as they voted to stop the counting and give George W. Bush the win.For 20 years, the doctrine lay dormant. It was resurrected, in 2020, by allies of Donald Trump, who needed some constitutional pretense for their attempt to overturn his defeat. Before the election, a number of state courts had ordered state governments to make accommodations for the pandemic, citing state constitutions. Elsewhere, governors, secretaries of state and state boards of election took matters into their own hands, bypassing the legislature (and using their own authority under the law) to accommodate voters. When, after the election, the Trump campaign sued either to throw out ballots or to invalidate results, its lawyers offered the “independent state legislature” doctrine as justification. So too did supporters of Trump who wanted Republican legislatures to void election results and choose electors who would give the president a second term.The basic problem with this doctrine is that it’s bunk. “The text of the Elections and Electors clauses is silent as to the role of state constitutions, but the subsequent history is anything but,” the legal scholar Michael Weingartner writes in a draft article on the theory of independent state legislatures. “Since the Founding, state constitutions have both directly regulated federal elections and constrained state legislatures’ exercise of their authority under the Clauses.” What’s more, over the past century, “nearly every election-related state constitutional provision was either approved and presented to voters by state legislatures or placed on the ballot and enacted by voters directly.” Even if the federal Constitution is vague on the full scope of state legislative power to regulate elections, both history and practice have fixed the meaning of the relevant clauses in favor of constraint. State constitutions (and state courts) do in fact regulate state legislatures as it relates to election law.Some proponents of the “independent state legislature” doctrine argue that theirs represents the original understanding of the Elections and Electors clauses in the Constitution. Another researcher, Hayward H. Smith, says otherwise. “The history demonstrates beyond cavil that the founding generation understood that ‘legislatures’ would operate as normal legislatures, not independent legislatures, with respect to both procedure and substance,” he writes. In fact, he notes, a review of every state constitution adopted in the 19th century reveals “that both explicit and nonexplicit limitations on ‘legislatures’ were widespread before, during, and after the Civil War.”There’s simply no basis for the claim that the Constitution grants state legislatures this kind of unaccountable power over the conduct of federal elections. It runs counter to the basic idea behind the American political system, that is, the sharing and separation of power among competing and overlapping institutions. It defeats the purpose of this delicate balance to give state legislatures plenary power over federal elections (to say nothing of how it is incongruent with the elite frustration over the scope of states’ power that gave rise to the Constitution in the first place).Thankfully, the Supreme Court rejected the challenge from Republicans in Pennsylvania and North Carolina. Still, there may be four votes for the theory of the “independent state legislature.” In a 2020 dissent from the majority on the question of whether Pennsylvania should count certain mail-in ballots, Justices Thomas, Samuel Alito and Brett Kavanaugh appeared sympathetic to the doctrine. Neil Gorsuch endorsed it outright, writing that “The Constitution provides that state legislatures — not federal judges, not state judges, not state governors, not other state officials — bear primary responsibility for setting election rules.”Dissenting from the court’s decision in the North Carolina case, Alito called the question of state legislative power an issue of “great national importance,” a clear signal that he is open to the arguments of Republican legislators. Kavanaugh concurred. “I agree with Justice Alito that the underlying Elections Clause question raised in the emergency application is important, and that both sides have advanced serious arguments on the merits. The issue is almost certain to keep arising until the Court definitively resolves it.”It is unclear where the newest justice, the Trump appointee Amy Coney Barrett, stands on the doctrine, although she appears to have voted with the majority in these particular cases.It is a good thing that the Supreme Court has decided not to throw out more than 230 years of precedent and practice for the sake of a bizarre and anti-democratic reading of the Constitution. But previous Supreme Courts have endorsed bizarre and anti-democratic readings of the Constitution — the Constitution itself has an uneasy relationship with American democracy — and this court, especially, has been more hostile than friendly to the more expansive view of our democratic rights.We can breathe a sigh of relief, for now, but when it comes to the future of the “independent state legislature” doctrine, the worst may still be on the horizon.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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    Vulnerable Democrats, Seeking Distance From the Left, Offer a Midterm Agenda

    The plan aims to inoculate Democrats in conservative-leaning states from Republican attacks on cultural issues, underscoring how successful the G.O.P. has been at weaponizing them.WASHINGTON — A cluster of House Democrats from conservative-leaning districts is circulating a reworked legislative agenda for the coming election season that would embrace some of President Biden’s most popular initiatives and tackle rising prices while distancing lawmakers from the left’s most divisive ideas.The plan, obtained by The New York Times, seeks to inoculate the most vulnerable Democrats from the culture wars pursued by Republicans trying to win back the congressional majority. Its existence underscores how successful Republicans have been at weaponizing issues like pandemic-related school closures and “defund the police” efforts against Democrats in politically competitive districts.The draft agenda was written by Representatives Abigail Spanberger of Virginia, Steven Horsford of Nevada, Josh Gottheimer of New Jersey, Dean Phillips of Minnesota and Elissa Slotkin of Michigan. It includes almost 75 bipartisan bills already drafted and broader bullet points such as “Combat Rising Costs for Food, Gas, Housing and Utilities,” “Reduce Prescription Drug Prices, Co-Pays and Deductibles” and “Fight Crime & Invest in Law Enforcement.”Rather than proposing cuts to funding for police departments, for example, it suggests financing the hiring of additional officers, especially in rural and small-town departments — though it would also fund body cameras and training, demands from liberal critics of law enforcement. Taking on Republican efforts to end mask mandates and school closures, the agenda includes legislation to “re-establish faith in America’s public health system and ensure preparedness for future pandemics, so that our economy and schools can remain open.”The plan avoids other items popular with progressives, such as a $15 minimum wage and a universal, single-payer “Medicare for all” insurance system, but it embraces some of the most broadly popular health care initiatives in Mr. Biden’s now-moribund Build Back Better Act: an agreement to allow Medicare to negotiate the prices of some of the most expensive drugs on the market and an expansion of Medicare to cover vision, dental and hearing care.Representative Steven Horsford of Nevada, one of the authors of the draft agenda.Chip Somodevilla/Getty ImagesWith their wafer-thin congressional majority and a president whose approval ratings are mired around 42 percent, Democrats are facing formidable headwinds in November’s midterm elections. The document, though stuffed with actual legislation, is more notable for its political message than for its policy details — in part because it omits any mention of how to pay for its initiatives.Some of its headline initiatives are not backed by the legislation below those programs. The plan promotes “Combating the Climate Crisis,” for instance, but the bills listed on that topic address the reliability and resilience of the electricity grid, top concerns for climate change deniers.But the agenda’s authors hope to at least revive a sense of momentum in a Democratic Congress that has entered the doldrums since enactment of a $1.2 trillion infrastructure law in November, followed by the Senate’s stymying of House-passed climate and social safety net legislation and a far-reaching voting rights bill.It is no accident that the document is circulating just before Mr. Biden’s State of the Union address on March 1, and the following week’s House Democratic “issues” retreat.The dozens of bills listed in the agenda all have Democratic and Republican authors, many of them endangered either by anti-Democratic momentum or by challengers endorsed by former President Donald J. Trump.One such bill, written by Representatives Debbie Dingell, Democrat of Michigan, and Liz Cheney, Republican of Wyoming, would make permanent Medicare tele-health expansions undertaken during the pandemic. There is a diabetes prevention bill by Representatives Diana DeGette, Democrat of Colorado, and Tom Rice of South Carolina, a Republican who, like Ms. Cheney, voted to impeach Mr. Trump. An expansion of tax-favored education savings accounts is co-sponsored by Ms. Spanberger and Representative Fred Upton of Michigan, another Republican who voted to impeach. Also included is a significant expansion of eligibility for child and adult nutrition programs, drafted by Representatives Suzanne Bonamici, Democrat of Oregon, and Jaime Herrera Beutler, a Washington Republican facing a serious Trump-backed challenge for her impeachment vote.There are even incentives for utilities to invest in cybersecurity written by Senator Joe Manchin III of West Virginia, the Democrat who has raised the contempt of the left by blocking the social policy and climate change bill in the Senate, and refusing to join his party in changing the filibuster rule to pass voter protection legislation over Republican opposition.But most striking is how the draft agenda takes on issues that appear to be dominating the campaign trail, even if they have not generated much debate on the floors of the House and the Senate.To beat back inflation, one bill the group is pushing would “prohibit” foreign governments from participating in cartel-like activities, a hit at OPEC that would have no real impact. The Federal Energy Regulatory Commission would be granted the authority to order refunds for natural gas bills “that are unjust, unreasonable, unduly discriminatory or preferential.” And assistance would be given to new and small meat processors to combat monopoly pricing from the few dominant meat processors, an effort already underway by the Biden administration.Rising crime rates across the country would also receive attention, through an expansion of existing grants to local law enforcement, new safety requirements for ride-hailing companies, stronger reporting requirements for electronic communication service providers to help track child predators and a new federal crime designation for “porch pirates” who steal packages from home stoops.One measure included in the agenda appears to accept the Republican talking point that the coronavirus was created in a laboratory in China, then covered up by the World Health Organization — assertions that have been challenged repeatedly by scientific researchers.The Never Again International Outbreak Prevention Act, by Representatives Brian Fitzpatrick, Republican of Pennsylvania, and Conor Lamb, a centrist Democrat running for the Senate in Pennsylvania, “would provide accountability with respect to international reporting and monitoring of outbreaks of novel viruses and diseases, sanction bad actors and review the actions of the World Health Organization.” More

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    How Bruce Blakeman Used a Mask Rebellion to Revive His Career

    Since a surprise win on Long Island, Bruce Blakeman has been on a seemingly single-minded mission to challenge and defy Gov. Kathy Hochul over mask mandates.Bruce Blakeman, who has emerged as the leader of suburban Long Island’s revolt against mask mandates, has lost his fair share of elections.In 1998, Mr. Blakeman — a lifelong Republican — was trounced in a statewide election for comptroller. A year later, he was stunned to be voted out of the Nassau County Legislature, losing his perch as its presiding officer and majority leader. After toying with a run for New York City mayor in 2009, he then lost a congressional race to Representative Kathleen Rice of Long Island in 2014.But Mr. Blakeman’s surprising November win in the race for Nassau County executive — upsetting Laura Curran, a moderate, first-term Democrat — has led, after so many races, to his informal anointment as the state party’s unlikeliest new star.Helping to fuel his rise has been Mr. Blakeman’s seemingly single-minded political mission to challenge and defy Gov. Kathy Hochul, the state’s top Democrat, over her mask mandates, as well as rising crime rates and bail reform, which have proved potent issues for Republicans.“Bruce Blakeman is on the scene; he’s a major Republican leader in this state,” said Nick Langworthy, New York’s Republican Party chairman. “Everybody counted him out, but now Bruce has a great platform. And what I admire about him is he really wants to use it.”Mr. Blakeman, the Nassau County executive, in Mineola. His victory was part of a wave of Republican wins in the county.Johnny Milano for The New York TimesOn Wednesday, Ms. Hochul announced that she would end some rules on indoor masking. Infection rates and hospitalizations have rapidly declined as the Omicron variant of the coronavirus has waned. She added that counties and individual businesses could still require masks, framing that decision as empowering for local leaders.Extending that sort of restriction seems unlikely in Nassau, at least as far as the county government is concerned. Shortly after being inaugurated in early January, Mr. Blakeman made headlines by issuing a flurry of executive orders directing county agencies to stop enforcing mask mandates, and proclaiming that local school districts had to vote on whether or not to grant children what he called “the constitutional right” to cast off masks in the classroom.Whether those orders are legal or not — and Ms. Hochul says they clearly weren’t, considering that state orders outweigh local dictums — the defiant stance resulted in Mr. Blakeman’s ascension to the role of sought-after rabble-rouser, complete with repeated appearances on Fox News and a hero’s welcome in Republican circles in Albany.All of which, Mr. Blakeman insists, stems from a genuine concern for parental rights, not political gain.“I think good government is good politics,” Mr. Blakeman said in a recent interview in the State Capitol. “And part of good government is listening to your constituents.”Mr. Blakeman’s opponents counter that such platitudes are a mere disguise for an ambitious and oft-thwarted politician who has found his moment amid the polarization of the Trump era.“He’s following the tried-and-true Republican playbook,” said Jay Jacobs, who serves as both the Nassau County Democratic Party chair, as well as state chairman for the party. “You either scare the voters or make them angry.”Mr. Blakeman’s sudden celebrity has already paid dividends in one way: Less than a week after he announced his executive orders, his party selected Nassau County as the host for its 2022 convention later this month, noting the “historic Republican resurgence” in the county.Mr. Blakeman’s victory was part of a wave of Republican wins in Nassau, including by Anne Donnelly in the race for Nassau County district attorney, the first time that a Republican has held that position since 2005.White-maned, blue-eyed and fond of snazzy three-piece suits, Mr. Blakeman, 66, exudes a kind of old-school New York political swagger, complete with providing Page Six fodder, in part because his ex-wife, Nancy Shevell, is married to Paul McCartney.Politics is a bit of a Blakeman family business: Mr. Blakeman’s father, Robert, was a state assemblyman, and his younger brother, Bradley, was on President George W. Bush’s White House staff. One of five siblings who grew up in Valley Stream, on the Queens border, Mr. Blakeman recalls using Halloween as a campaign outing for his father.“I’d go out with an empty bag and a full bag of literature,” Mr. Blakeman said. “I came back home with a full bag of candy and an empty bag of literature.”After college and law school stints in Arizona and California — working for Republican campaigns and as a driver and aide to the former first lady Nancy Reagan — Mr. Blakeman returned to Long Island to serve as a partner in his father’s firm before being appointed Hempstead town councilman in 1993. He won a full term on the council later that same year, before being elected to the County Legislature in 1995.Mr. Blakeman at a meeting of the Nassau County Legislature in 1996. His father, Robert, was a state assemblyman.Vic DeLucia/The New York TimesLast winter, he had come full circle, once again serving as a member of the Hempstead Town council, when the Nassau County Republican chairman, Joseph G. Cairo Jr., approached him about taking on Ms. Curran.He was ambivalent, he said, because he was in “a very comfortable place in my life” and “wasn’t sure I wanted to go into that kind of a battle.”But, Mr. Blakeman said, he saw an opening as he looked at polling, saying that while Ms. Curran was popular, “she was upside-down on every important issue,” including bail reform. A 2019 law passed by Democrats in Albany had effectively abolished bail for many nonviolent felonies and most misdemeanors.To that end, Mr. Blakeman ran a law-and-order and anti-tax campaign. He seemingly galvanized concerned suburbanites and die-hard Trump conservatives into a winning coalition, despite Democrats outnumbering Republicans by about 25,000 in the county, with a tranche of some 200,000 independent voters.The margin was thin, with Mr. Blakeman beating Ms. Curran by less than 1 percent, or about 2,100 votes.Mr. Cairo said that Mr. Blakeman’s opponents “tried to portray him as being a loser, and that he’s only doing this because he’s Cairo’s friend.”Mr. Blakeman proved to a dogged campaigner, however, impressing even some Democrats.“I would see him along the way and he’d say, ‘Tom, we’re going to win this.’ And I would say, ‘Really?’” said Thomas DiNapoli, the state’s comptroller, a Democrat, and a figure in Nassau County politics for more than three decades. “But he believed in himself.”Mr. Blakeman also won, said Lawrence Levy, the dean of suburban studies at Hofstra University, because he “leveraged concerns over bail reform and property tax assessments in ways that appealed both to his base and the sort of moderate independent who abandoned Trump in 2020.”That combination, however, will prove to be difficult to maintain, Mr. Levy said.“He is trying to thread a political and ideological needle,” he said. “He is getting a lot of attention for taking very conservative populist positions with Trump-style rhetoric, ostensibly to deliver on promises he made to his base. But he’s also trying not to entirely alienate the sort of suburban swing voter that decides national and local elections.”Mr. Blakeman spoke at a press conference in Mineola about the funeral of Officer Wilbert D. Mora of the New York Police Department in February.Johnny Milano for The New York TimesStill, Mr. Blakeman’s victory gave particular hope to Republicans on Long Island, where liberals had celebrated in 2018, after an anti-Trump sentiment led to four State Senate seats flipping to Democrats on the island. The party then took control of the chamber for the first time in nearly a decade.And while new redistricting maps may dash any Republican dreams of seizing the State Senate — the Democrats hold a 23-seat advantage in a 63-seat chamber — Robert Ortt, the Republican minority leader, said Mr. Blakeman showed the potential potency of “bail reform and crime and public safety” in elections all across the state.“It’s a template from the standpoint that it’s a huge issue,” Mr. Ortt said, adding that “public safety is an issue we all campaign on.”Even before taking office, Mr. Blakeman was invited to Albany in mid-December to headline an anti-bail-reform rally in the State Capitol and once again took an opportunity to criticize Ms. Hochul as someone “who likes to lecture me on the law.”“When you look at this bail reform law it is nothing more than a get-out-of-jail-free card,” he said, citing examples of gun charges in his county related to defendants released without bail. “It’s madness, it’s crazy and enough is enough.”In a county in which President Biden won, of course, Mr. Blakeman may well have to walk a fine line between appealing to moderates and the Republican base. Asked about President Donald J. Trump, he said he was “a very effective president,” but added: “Our personalities and delivery style are very different.”His ascension in Republican ranks has fostered some chatter that perhaps Mr. Blakeman — who lives in the well-to-do enclave of Atlantic Beach with his wife, Segal Blakeman, a lawyer — might want to challenge Ms. Hochul at some point.But Mr. Blakeman denies this, saying he supports this year’s front-runner for the Republican nomination, Representative Lee Zeldin, and is happy staying put in Nassau.“I have zero plans,” he said. “This is a great job, I love it. And I get to stay home.” More

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    The Supreme Court Fails Black Voters in Alabama

    You know the Rubicon has been crossed when the Supreme Court issues a conservative voting rights order so at odds with settled precedent and without any sense of the moment that Chief Justice John Roberts feels constrained to dissent.This is the same John Roberts who in 1982, as a young lawyer in the administration of President Ronald Reagan, fought a crucial amendment to the Voting Rights Act of 1965; whose majority opinion in 2013 gutted one-half of the Voting Rights Act and who joined an ahistoric opinion last summer that took aim at the other half; and who famously complained in dissent from a 2006 decision in favor of Latino voters in South Texas that “it is a sordid business, this divvying us up by race.”Yes, that Chief Justice Roberts. What the 5-to-4 majority did was that far out of line.The unsigned order that drew the chief justice’s dissent Monday night blocked the decision by a special three-judge Federal District Court ordering the Alabama Legislature to draw a second congressional district in which Black residents constitute a majority. Alabama’s population is 27 percent Black. The state has seven congressional districts. The lower court held that by packing some Black voters into one district and spreading others out over three other districts, the state diluted the Black vote in violation of the Voting Rights Act.The Supreme Court will hear Alabama’s appeal of the district court order in its next term, so the stay it granted will mean that the 2022 elections will take place with district lines that the lower court unanimously, with two of the three judges appointed by President Donald Trump, found to be illegal.Chief Justice Roberts objected that the ordinary standards under which the Supreme Court grants a stay of a lower court opinion had not been met. “The district court properly applied existing law in an extensive opinion with no apparent errors for our correction,” he wrote. Justice Elena Kagan, joined by Justices Stephen Breyer and Sonia Sotomayor, also dissented in a more extensive opinion that accused the majority of using the court’s emergency “shadow docket” not only to intervene improperly on behalf of the state but also to change voting rights law in the process.This is no mere squabble over procedure. What happened Monday night was a raw power play by a runaway majority that seems to recognize no stopping point. It bears emphasizing that the majority’s agenda of cutting back on the scope of the Voting Rights Act is Chief Justice Roberts’s agenda too. He made that abundantly clear in the past and suggested it in a kind of code on Monday with his bland observation that the court’s Voting Rights Act precedents “have engendered considerable disagreement and uncertainty regarding the nature and contours of a vote dilution claim.” But in his view, that was an argument to be conducted in the next Supreme Court term while permitting the district court’s decision to take effect now.While the majority as a whole said nothing, Justice Brett Kavanaugh took it upon himself to offer a kind of defense. Only Justice Samuel Alito joined him. Perhaps the others — Justices Clarence Thomas, Neil Gorsuch and Amy Coney Barrett — chose not to sign onto his rude reference to Justice Kagan’s “catchy but worn-out rhetoric about the ‘shadow docket.’ ” Or perhaps his “To reiterate: The court’s stay order is not a decision on the merits” rang a little hollow when, as Justice Kagan pointed out, “the district court here did everything right under the law existing today” and “staying its decision forces Black Alabamians to suffer what under that law is clear vote dilution.”In other words, when it comes to the 2022 elections, for Black voters in Alabama the Supreme Court’s procedural intervention is the equivalent of a ruling on the merits.Or maybe the others couldn’t indulge in the hypocrisy of Justice Kavanaugh’s description of the standards for granting a stay. The party asking for a stay, he wrote, “ordinarily must show (i) a reasonable probability that this court would eventually grant review and a fair prospect that the court would reverse, and (ii) that the applicant would likely suffer irreparable harm absent the stay.”But wait a minute. Weren’t those conditions clearly met back in September when abortion providers in Texas came to the court seeking a stay of the Texas vigilante law, S.B. 8, which was about to go into effect? That law, outlawing abortion after six weeks of pregnancy and authorizing anyone anywhere in the country to sue a Texas abortion provider for damages, was flagrantly unconstitutional, and the law was about to destroy the state’s abortion infrastructure. But did Justice Kavanaugh or any of the others in Monday’s majority vote to grant the requested stay? They did not. Chief Justice Roberts did.It’s impossible not to conclude that what we see at work is not some neutral principle guiding the Supreme Court’s intervention but simply whether a majority likes or doesn’t like what a lower court has done. In his opinion, Justice Kavanaugh sought to avoid that conclusion by arguing that when it comes to election cases, the Supreme Court will more readily grant a stay to counteract “late judicial tinkering with election laws.” But there was no late “tinkering” here. The legislature approved the disputed plan in November, after six days of consideration, and the governor signed it. The district court conducted a seven-day trial in early January and on Jan. 24 issued its 225-page opinion. The election is months away — plenty of time for the legislature to comply with the decision.Disturbing as this development is, it is even more alarming in context. Last July, in a case from Arizona, the court took a very narrow view of the Voting Rights Act as a weapon against vote denial measures, policies that have a discriminatory effect on nonwhite voters’ access to the polls. That case, Brnovich v. Democratic National Committee, was brought under the act’s Section 2, which prohibits voting procedures that give members of racial minorities “less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.” Justice Alito’s opinion for a 6-to-3 majority set a high bar for showing that any disputed measure is more than just an ordinary burden that comes with turning out to vote.It was an unusual case, in that Section 2 has much more typically been used as it was in Alabama, to challenge district lines as causing vote dilution. Obviously, at the heart of any Section 2 case is the question of how to evaluate the role of race. In its request for a stay, Alabama characterized the district court of having improperly “prioritized” race, as opposed to other districting factors, in ordering a second majority Black district. In response, the American Civil Liberties Union and the NAACP Legal Defense & Educational Fund, representing the Alabama plaintiffs, called this a mischaracterization of what the district court had actually done when it took account of the compactness and cohesion of the Black community and the history of white Alabama voters refusing to support Black candidates.Stripped to its core, Alabama is essentially arguing that a law enacted to protect the interests of Black citizens bars courts from considering race in evaluating a redistricting plan. Justice Kagan’s dissenting opinion contained a warning that granting the stay amounted to a tacit acceptance of that startling proposition. She said the stay reflected “a hastily made and wholly unexplained prejudgment” that the court was “ready to change the law.”The battle over what Section 2 means has been building for years, largely under the radar, and now it is front and center. The current Supreme Court term is all about abortion and guns. The next one will be all about race. Along with the Alabama case, Merrill v. Milligan, the Harvard and University of North Carolina admissions cases are also on the docket — to be heard by a Supreme Court that, presumably, for the first time in history, will have two Black justices, and all in the shadow of the midterm elections. The fire next time.Linda Greenhouse, the winner of a 1998 Pulitzer Prize, reported on the Supreme Court for The Times from 1978 to 2008. She is the author of “Justice on the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Twelve Months That Transformed the Supreme Court.”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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    Senators Look to Fix 1887 Electoral Act Putting U.S. Democracy at Risk

    A bipartisan group of lawmakers wants to fix the Electoral Count Act, the obscure law used to justify the Jan. 6 riot. Is it even possible?The Electoral Count Act is both a legal monstrosity and a fascinating puzzle.Intended to settle disputes about how America chooses its presidents, the 135-year-old law has arguably done the opposite. Last year, its poorly written and ambiguous text tempted Donald Trump into trying to overturn Joe Biden’s victory, using a fringe legal theory that his own vice president rejected.Scholars say the law remains a ticking time bomb. And with Trump on their minds, members of Congress in both parties now agree that fixing it before the 2024 election is a matter of national urgency.“If people don’t trust elections as a fair way to transition power, then what are you left with?” said Senator Angus King, an independent from Maine who has been leading the reform efforts. “I would argue that Jan. 6 is a harbinger.”‘Unsavory’ originsThe Electoral Count Act’s origins are, as King put it, “unsavory.”More than a decade elapsed between the disputed election that inspired it and its passage in 1887. Under the bargain that ended that dispute, the Republican candidate, Rutherford B. Hayes, agreed to withdraw federal troops from the occupied South — effectively ending Reconstruction and launching the Jim Crow era.The law itself is a morass of archaic and confusing language. One especially baffling sentence in Section 15 — which lays out what is meant to happen when Congress counts the votes on Jan. 6 — is 275 words long and contains 21 commas and two semicolons.Amy Lynn Hess, the author of a grammatical textbook on diagraming sentences, told us that mapping out that one sentence alone would take about six hours and require a large piece of paper.“It’s one of the most confusing pieces of legislation I’ve ever read,” King told us. “It’s impossible to figure out exactly what they intended.”King has been working through how to fix the Electoral Count Act since the spring, when he first started sounding the alarm about its deficiencies. His office has become a hub of expertise on the subject.“It just so happens I have a political science Ph.D. on my staff,” King said. “And when I assigned him to start working on this, it was like heaven for him.”Last week, King and two Democratic colleagues, Senators Amy Klobuchar of Minnesota and Dick Durbin of Illinois, introduced a draft discussion bill aimed at addressing the act’s main weaknesses.King said he hopes it will serve as “a head start” for more than a dozen senators in both parties who have been meeting to hash out legislation of their own.One leader of that effort, Senator Joe Manchin III of West Virginia, a Democrat, vowed on Sunday that a reform bill “absolutely” will pass. Senator Lisa Murkowski, a Republican of Alaska, said the lawmakers were taking “the Goldilocks approach” — as in, “we’re going to try to find what’s just right.”But finding a compromise that will satisfy both progressive Democrats and the 10 Republican senators required for passage in the Senate won’t be easy. Already, differences have emerged over what role the federal courts should play in adjudicating election disputes within states, according to people close to the talks.Mr. Worst-Case ScenarioFew have studied the Electoral Count Act more obsessively than Matthew Seligman, a fellow at Yale Law School.In an exhaustive 100-page paper, he walked through nearly every combination of scenarios for how the law could be abused by partisans bent on stretching its boundaries to the max. And what he discovered shocked him.“Its underexplored weaknesses are so profound that they could result in an even more explosive conflict in 2024 and beyond, fueled by increasingly vitriolic political polarization and constitutional hardball,” Seligman warns.He found, for instance, that in nine of the 34 presidential elections since 1887, “the losing party could have reversed the results of the presidential election and the party that won legitimately would have been powerless to stop it.”Seligman refrained from publishing his paper for more than five years, out of fear that it could be used for malicious ends. He worries especially about what he calls the “governor’s tiebreaker,” a loophole in the existing law that, if abused, could cause a constitutional crisis.Suppose that on Jan. 6, 2025 — the next time the Electoral Count Act will come into play — Republicans control the House of Representatives and the governorship of Georgia.Seligman conjures a hypothetical yet plausible scenario: The secretary of state declares that President Biden won the popular vote in the state. But Gov. David Perdue, who has said he believes the 2020 election was stolen, declares there was “fraud” and submits a slate of Trump electors to Congress instead. Then the House, led by Speaker Kevin McCarthy, certifies Trump as the winner.Even if Democrats controlled the Senate and rejected Perdue’s electoral slate, it wouldn’t matter, Seligman said. Because of the quirks of the Electoral Count Act, Georgia’s 16 Electoral College votes would go for Trump.“When you’re in this era of pervasive distrust, you start running through all these rabbit holes,” said Richard H. Pildes, a professor at New York University’s School of Law. “We haven’t had to chase down so many rabbit holes before.”Now, for the hard partThe easiest part in fixing the Electoral Count Act, according to half a dozen experts who have studied the issue, would be figuring out how Congress would accept the results from the states.There’s wide agreement on three points to do that:Extending the safe harbor deadline, the date by which all challenges to a state’s election results must be completed.Clarifying that the role of the vice president on Jan. 6 is purely “ministerial,” meaning the vice president merely opens the envelopes and has no power to reject electors.Raising the number of members of Congress needed to object to a state’s electors; currently, one lawmaker from each chamber is enough to do so.The harder part is figuring out how to clarify the process for how states choose their electors in the first place. And that’s where things get tricky.The states that decide presidential elections are often closely divided. Maybe one party controls the legislature while another holds the governor’s mansion or the secretary of state’s office. And while each state has its own rules for working through any election disputes, it’s not always clear what is supposed to happen.In Michigan, for instance, a canvassing board made up of an equal number of Republicans and Democrats certifies the state’s election results. What if they can’t reach a decision? That nearly happened in 2020, until one Republican member broke with his party and declared Biden the winner.Progressive Democrats will want more aggressive provisions to prevent attempts in Republican-led states to subvert the results. Republicans will fear a slippery slope and try to keep the bill as narrow as possible.King’s solution was to clarify the process for the federal courts to referee disputes between, say, a governor and a secretary of state, and to require states to hash out their internal disagreements by the federal “safe harbor date,” which he would push back to Dec. 20 instead of its current date of Dec. 8.The political obstacles are formidable, too. Still reeling from their failure to pass federal voting rights legislation, many Democrats are suspicious of Republicans’ motives. It’s entirely possible that Democrats will decide that it’s better to do nothing, because passing a bipartisan bill to fix the Electoral Count Act would allow Mitch McConnell, the Republican Senate minority leader, to portray himself as the savior of American democracy.Representative Zoe Lofgren, a California Democrat who heads the Committee on House Administration, has been working with Representative Liz Cheney, the Wyoming Republican, on a bipartisan House bill. But she stressed that their ambitions are fairly limited.“We’ve made clear this is no substitute for the voting rights bill,” Lofgren told us. “The fact that the Senate failed on that shouldn’t be an excuse for not doing something modest.”What to read tonightJill Biden, the first lady, told community college leaders that her effort to provide two years of free community college isn’t in Democrats’ social spending bill, Katie Rogers reports.Republican campaigns have intensified their attacks on Dr. Anthony S. Fauci, a trend that Sheryl Gay Stolberg described as representative of “the deep schism in the country, mistrust in government and a brewing populist resentment of the elites, all made worse by the pandemic.”Peter Thiel is stepping down from the board of Meta, according to its parent company, Facebook. Ryan Mac and Mike Isaac hear that Thiel, who has become one of the Republican Party’s largest donors, wants to focus his energy on the midterms instead.Chief Justice John G. Roberts joined the three liberal members’ dissent to a Supreme Court order reinstating an Alabama congressional map. A lower court had ruled that the map violated the Voting Rights Act, Adam Liptak reports.STATESIDEBallots being tabulated at the Maricopa County Recorder’s office in Phoenix on Nov. 5, 2020.Adriana Zehbrauskas for The New York TimesVoting rights push goes localArizona, as we’ve noted, has become a hotly contested battleground, and the two parties have clashed continuously over the rules that govern how elections can and should be held. Just last week, the Republican speaker of the State House spiked a bill that would have allowed the Legislature to reject election results it didn’t like.A new ballot initiative led by Arizonans for Fair Elections, a nonprofit advocacy group, would do the opposite: expand voter registration, extend in-person early voting and guard against partisan purges of the voter rolls, along with a host of other changes that groups on the left have long wanted.It would essentially overturn an existing law that was litigated all the way to the Supreme Court last year, resulting in a 6-3 decision favoring the Republican attorney general. Arizonans for Fair Elections expects to announce its plans on Tuesday.The move comes at a time of frustration for voting rights advocates, whose push for legislation to enact similar changes at the federal level ran into a wall of Republican opposition.Will the local approach fare any better? A citizens’ initiative that passed in 2000 established Arizona’s independent redistricting commission, so there’s a precedent. To get on the ballot this year, the group needs to obtain 237,645 valid signatures by July 7.“Our Legislature for many years has been trying to chip away at the right to vote,” said Joel Edman, a spokesman for the initiative. “We’re at a big moment for our democracy.”Is 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