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      Murkowski Announces Re-election Bid, Setting Up Clash With Trump

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      Of the seven Republicans who found former President Donald J. Trump guilty in his second impeachment trial, the Alaska senator is the only one facing re-election this year.WASHINGTON — Senator Lisa Murkowski, Republican of Alaska, announced on Friday that she would seek re-election, formally entering what is expected to be the most expensive and challenging race of her political career after voting to impeach former President Donald J. Trump.Of the seven Republicans who found Mr. Trump guilty of incitement of an insurrection after the Jan. 6 Capitol riot, Ms. Murkowski is the only one facing re-election in the 2022 midterms. A moderate who has never won a majority of the general election vote in her Republican-leaning state, she is seen as the G.O.P.’s most vulnerable Senate incumbent at a time when there is little tolerance among the party’s core supporters for criticism of the former president or cooperation with President Biden.The race sets up a proxy battle between Mr. Trump, who has endorsed a Republican challenger, and Senator Mitch McConnell of Kentucky and other Republican leaders, who are backing Ms. Murkowski in her bid for a fourth full term.In a campaign video announcing her re-election bid, Ms. Murkowski made no mention of Mr. Trump, instead highlighting her work on behalf of the state and offering a pointed warning that “lower-48 outsiders are going to try to grab Alaska’s Senate seat for their partisan agendas.”“I’m running for re-election to continue the important work of growing our economy, strengthening our Alaska-based military and protecting our people and the natural beauty of our state,” Ms. Murkowski, a third-generation Alaskan, said. “I will work with anyone from either party to advance Alaska’s priorities.”Ms. Murkowski, first appointed to the Senate in 2002 by her father after he became governor and resigned from the seat, is the second-most-senior Republican woman, after Senator Susan Collins of Maine, who won her own costly re-election bid last year. Ms. Murkowski has established herself as a crucial swing vote with strong relationships in both political parties, most recently helping negotiate the $1 trillion bipartisan infrastructure bill that Mr. Biden is expected to sign into law next week.It is unclear, however, whether Ms. Murkowski’s record of directing aid and support to her state will be enough to overcome the grip of the former president on her party. Alaska’s Republican Party censured her in March for voting to convict Mr. Trump. The former president endorsed a primary challenger, Kelly Tshibaka, the former commissioner of the Alaska Department of Administration, who has promoted false theories of voter fraud in the 2020 election and hired a number of former Trump campaign staffers.“Lisa Murkowski is bad for Alaska,” Mr. Trump said in a June statement, after Ms. Murkowski voted to confirm Deb Haaland as Interior secretary. “Murkowski has got to go!”The National Republican Senatorial Committee, the campaign arm for Senate Republicans, has backed Ms. Murkowski, who also has support of her party leadership. Ms. Murkowski has a long record of bucking her party, having helped to shut down the effort to repeal the Affordable Care Act, opposed the confirmation of Justice Brett Kavanaugh to the Supreme Court and voted for a number of Mr. Biden’s nominees during the first year of his administration.“We support all of our incumbents, and fortunately for us, we’ve got great candidates running in our primaries,” said Senator Rick Scott of Florida, the chairman of the organization, on NBC’s “Meet the Press” on Sunday. But in the same interview, he acknowledged “you’d be foolish not to want and accept Donald Trump’s endorsement.”In 2010, Ms. Murkowski lost a primary race to Joe Miller, a Tea Party candidate, but mounted a successful write-in campaign, becoming the first write-in candidate in more than 50 years to win an election. In January, she told reporters that she would not switch parties, even as she questioned whether she belonged in a Republican Party that was influenced so heavily by Mr. Trump.“As kind of disjointed as things may be on the Republican side, there is no way you could talk to me into going over to the other side,” Ms. Murkowski said at the time. “That’s not who I am; that’s not who I will ever be.”Under a new election system approved a year ago, Ms. Murkowski will first compete in an open primary where the top four candidates will then advance to a ranked-choice general election. More

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      The Trump Coup Is Still Raging

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      What happened at the Capitol on Jan. 6 was not a coup attempt. It was half of a coup attempt — the less important half.The more important part of the coup attempt — like legal wrangling in states and the attempts to sabotage the House commission’s investigation of Jan. 6 — is still going strong. These are not separate and discrete episodes but parts of a unitary phenomenon that, in just about any other country, would be characterized as a failed coup d’état.As the Republican Party tries to make up its mind between wishing away the events of Jan. 6 or celebrating them, one thing should be clear to conservatives estranged from the party: We can’t go home again.The attempted coup’s foot soldiers have dug themselves in at state legislatures. For example, last week in Florida State Representative Anthony Sabatini introduced a draft of legislation that would require an audit of the 2020 general election in the state’s largest (typically Democratic-heavy) counties, suggesting without basis that it may show that these areas cheated to inflate Joe Biden’s vote count.Florida’s secretary of state, a Republican, knows that an audit is nonsense and has said so. But the point of an audit would not be to change the outcome (Mr. Trump won the state). The point is not even really to conduct an audit.The obviously political object is to legitimize the 2020 coup attempt in order to soften the ground for the next one — and there will be a next one.In the broad strategy, the frenzied mobs were meant to inspire terror — and obedience among Republicans — while Rudy Giuliani and his co-conspirators tried to get the election nullified on some risible legal pretext or another. Republicans needed both pieces — neither the mob violence nor an inconclusive legal ruling would have been sufficient on its own to keep Mr. Trump in power.True to form, Mr. Trump was able to supply the mob but not the procedural victory. His coup attempt was frustrated in no small part by a thin gray line of bureaucratic fortitude — Republican officials at the state and local levels who had the grit to resist intense pressure from the president and do their jobs.Current efforts like the one in Florida are intended to terrorize them into compliance today or, short of that, to push such officials into retirement so that they can be replaced with more pliant partisans. The lonely little band of Republican officials who stopped the 2020 coup is going to be smaller and lonelier the next time around.That’s why the Great Satan for the Republican Party right now is not Mr. Biden but Representative Liz Cheney of Wyoming, one of a small number of Republicans willing to speak honestly about Jan. 6 and to support the investigation into it — and willing to contradict powerful people like Kevin McCarthy of California, who has falsely (and preposterously) claimed that the F.B.I. has cleared Mr. Trump of any involvement in Jan. 6.The emerging Republican orthodoxy on Jan. 6 is created by pure political engineering, with most party leaders either minimizing, halfheartedly defending or wholeheartedly celebrating the coup, depending on their audience and ambitions. Pragmatic party leaders like Mitch McConnell, and others like him who were never passionately united with Mr. Trump but need his voters, are hoping that the memory of the riot gets swept away by the ugly news from Afghanistan and the usual hurly-burly. But other Republicans have praised the rioters: Representative Madison Cawthorn of North Carolina insisted that those who have been jailed are “political prisoners” and warned that “bloodshed” might follow another “stolen” election. The middle-ground Republican consensus is that the sacking of the Capitol was at worst the unfortunate escalation of a well-intentioned protest involving legitimate electoral grievances. More

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      Don’t Be Fooled By Mitch McConnell’s Sudden Bout of Bipartisanship

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      Are we entering a new era of bipartisanship? On the surface, the news from Washington seems remarkably encouraging. The Senate is close to passing a $1 trillion bipartisan infrastructure bill, with $550 billion in new spending on everything from transit to highways to broadband to climate change mitigation. Political insiders are hailing the bill as a breakthrough, with the Senate poised, at last, to overcome the partisan gridlock that has ground its legislative machinery to a halt. Many thought that President Biden’s belief that he could get Republican votes was naïve, but he delivered. In a surprise, even the Senate minority leader, Mitch McConnell, voted to move the compromise to a vote.Of course, this is the same Mitch McConnell who said of Mr. Biden, “100 percent of our focus is on stopping this new administration.” The same Mr. McConnell who made sure Donald Trump’s impeachment did not result in conviction, who filibustered the bipartisan plan for a commission to investigate the Jan. 6 violent insurrection until it died, who kept all of his Republican senators in line against the American Rescue Plan early in the Biden presidency. And the same Mr. McConnell who said that he would not confirm a Biden nominee to the Supreme Court if Republicans recaptured the Senate in 2022.So why the reversal on infrastructure? Why dare the brickbats of Donald Trump after the former president bashed the effort and tried to kill it? Mr. McConnell has one overriding goal: regaining a majority in the Senate in 2022. Republicans must defend 20 of the 34 Senate seats up for grabs next year; there are open seats in Ohio, Pennsylvania and North Carolina; and Senator Ron Johnson, if he runs again, could easily lose his seat in Wisconsin. Attempting to block a popular infrastructure bill that later gets enacted by Democrats alone would give them all the credit. Republicans would be left with the lame defense of crowing about projects they had voted against and tried to block, something that did not work at all with the popular American Rescue Plan.You don’t have to be a Machiavellian to understand another reason Mr. McConnell was willing to hand Mr. Biden a victory on infrastructure: By looking reasonable on this popular plan, claiming a mantle of the kind of bipartisanship that pleases Democrats like Joe Manchin and Kyrsten Sinema and that mollifies suburban moderate Republicans in key states, Mr. McConnell can more easily rally his troops behind their goal of obstruction and delay for every other important Democratic priority, including the blockbuster reconciliation bill, as well as voting rights and election reform.For Mr. Biden, this bill is a political victory; the fact that he worked across party lines distinguishes him from his Republican predecessor, which should give the president a powerful appeal among independents and moderate Republicans. But for congressional Democrats, despite the true achievement of persuading 10 Republicans to sign on to an ambitious infrastructure plan, the road ahead is bumpy, winding and complicated.If this bill is signed into law, the Democrats will still need to face hard reality: This will be their last major bipartisan piece of legislation.Of course, there may be other issues below the partisan radar, like criminal justice reform and mental health reform, that can secure significant Republican support. But thanks to Mr. McConnell, everything else will face a wall of obstruction. Since the midterms will take all the focus off policymaking in Congress, the Democrats need to achieve democracy reforms and move on with the rest of their agenda using reconciliation. (The Senate majority leader, Chuck Schumer, will also be navigating another confrontation over the debt ceiling, but he might be able to include eliminating the ceiling within reconciliation, taking it off the table as a hostage once and for all.)The two key words are discipline and filibuster. Overcoming Mr. McConnell’s obstruction will require all 50 Senate Democrats to stick together, to swallow hard with necessary compromises — and of course, the same is true for House Democrats, who cannot afford to lose the votes of even four of their members. To achieve anything else will require a change in the Senate rules. It does not have to be elimination of the filibuster, or what Senator Manchin would define as a “weakening” of the rule. It will require a way to put the burden on Mr. McConnell and the minority instead of where it is now, entirely on Mr. Schumer and the majority.Norman J. Ornstein (@NormOrnstein) is an emeritus scholar at the American Enterprise Institute. His latest book, which he wrote with E.J. Dionne and Thomas E. Mann, is “One Nation After Trump: A Guide for the Perplexed, the Disillusioned, the Desperate and the Not-Yet Deported.”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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      How Republicans Still Rely on the Trump Brand to Fund-Raise

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      Trump pint glasses. Trump T-shirts. Trump memberships. Six months after the former president left office, his party’s fund-raising success depends heavily on his vaunted name.Even in defeat, nothing sells in the Republican Party quite like Donald J. Trump.The Republican National Committee has been dangling a “Trump Life Membership” to entice small contributors to give online. The party’s Senate campaign arm has been hawking an “Official Trump Majority Membership.” And the committee devoted to winning back the House has been touting Mr. Trump’s nearly every public utterance, talking up a nonexistent Trump social media network and urging donations to “retake Trump’s Majority.”Six months after Mr. Trump left office, the key to online fund-raising success for the Republican Party in 2021 can largely be summed up in the three words it used to identify the sender of a recent email solicitation: “Trump! Trump! Trump!”The fund-raising language of party committees is among the most finely tuned messaging in politics, with every word designed to motivate more people to give more money online. And all that testing has yielded Trump-themed gimmicks and giveaways including Trump pint glasses, Trump-signed pictures, Trump event tickets and Trump T-shirts — just from the National Republican Senatorial Committee in the month of July.“The Republican Party has never had small-dollar fund-raising at this scale before Donald Trump,” said Brad Parscale, who was Mr. Trump’s first campaign manager in 2020 and is still an adviser, “and they probably never will at this scale after Donald Trump.”The strategy is clearly paying financial dividends, as three main G.O.P. federal committees raised a combined $134.8 million from direct individual contributions in the first six months of 2021, nearly matching the $136.2 million raised by the equivalent Democratic committees, federal records show.But the endless invocations of the former president underscore not only his enduring appeal to online Republican activists and donors — the base of the party’s base and its financial engine — but also the unlikelihood that the G.O.P. apparatus wants to, or even can, meaningfully break from him for the foreseeable future.The stark reliance on Mr. Trump’s name to spur small donations amounts to a tangible expression of the party’s inescapable dependency on him — one that risks preventing a reckoning over the losses the G.O.P. suffered in the last four years, including Mr. Trump’s own, which he has denied by clinging to false theories of election fraud.In July, the Trump-themed gimmicks and giveaways included pint glasses, signed pictures, event tickets and T-shirts.National Republican Senatorial CommitteeRepublican strategists said the party’s messaging and the influx of money reflect Mr. Trump’s continued hold on the hearts and wallets of the grass-roots, despite the party losing the House, the Senate and the White House in his single term.“The governing class of the Republican Party would just as well see him move on,” said Scott Reed, a Republican strategist and former top political adviser for the U.S. Chamber of Commerce. “It’s been ‘enough is enough.’ But he still keeps a firm grip on the grass-roots.”With Democrats in full control of Washington, some Republicans are hoping their party can rally chiefly against President Biden and the Democrats in the 2022 midterms. Yet Mr. Biden’s name has been as absent from the G.O.P. pleas for cash as Mr. Trump has been pervasive, a warning sign that Republicans are struggling to stir the kind of impassioned opposition to him that they had once generated to former President Barack Obama, and that Democrats had uniting their party against Mr. Trump four years ago.Since May 1, the Republicans’ Senate campaign arm has invoked Mr. Biden’s name in the sender line on its emails just four times; Mr. Trump’s name has appeared there 185 times.The Republican National Committee treated Mr. Trump’s June 14 birthday almost like a national holiday, sending out no less than 19 emails about it, starting more than five weeks in advance. The House campaign arm joined in, too: “Why haven’t you signed Trump’s Bday Card?!” read one text message. “We’ve texted 6x & it’s only 5 days away!”The heavy use of Mr. Trump’s name has at times been a source of friction with the former president, who has begun ramping up fund-raising for his own political action committee, called Save America. As a businessman, Mr. Trump spent years leveraging and licensing his name for cash, slapping it on buildings and products, and he and some of his advisers have been irked by the exploitation of his image by party committees that do not always align with his political interests.In March, his lawyers sent a cease-and-desist letter to the three main Republican committees demanding they stop using his name and likeness. But back-channel discussions defused the situation as party officials insisted they had every right to refer to him but promised not to use his signature without permission. Still, some party committees continue to push the limits by wording messages to appear as though they are coming from Mr. Trump.Current and past party operatives said Mr. Trump’s name simply raises the most money. Every click and contribution is carefully cataloged, and committees can compare how much is raised using different messages and messengers. Those with Mr. Trump’s name simply outperform, operatives said.“President Trump and his policies remain a major driver for small-dollar donors,” said Michael McAdams, communications director for the National Republican Congressional Committee.During one stretch in June, roughly 90 percent of that committee’s fund-raising texts mentioned Mr. Trump. Some solicitations have appealed to supporters’ love of Mr. Trump; others have tapped into their fear of disappointing him.At one point this spring, the committee warned donors against opting out of recurring monthly contributions through a prechecked box: “If you UNCHECK this box, we will have to tell Trump you’re a DEFECTOR.”Fund-raising text messages from the National Republican Congressional CommitteeIn a late 2020 memo, WinRed, the party’s main online donation-processing platform, said that donation pages that mentioned the word “Trump” reaped, on average, twice as many donors as pages that did not. WinRed still gives Mr. Trump top billing on its home page, featuring him above the actual party committees. Mr. Trump also continues to be featured prominently in many Democratic fund-raising pitches.While former presidents do typically maintain a following among the grass-roots — Mr. Obama is still featured on the donation pages of some Democratic Party groups — Mr. Trump is uniquely omnipresent in the Republican digital ecosystem.Tim Cameron, a Republican digital strategist, said one reason is that much of the Republican online donating infrastructure sprang up during the Trump era — after years of neglect and being outraised by the Democrats. “It’s how these lists were built,” he said.Hogan Gidley, who worked as an adviser to Mr. Trump at the White House, said the party — which still is populated by vestiges of a Trump-skeptical establishment that sees his incendiary approach to politics as a poor fit for swing districts and states — risks backlash and anger if it uses the Trump brand to bankroll causes and candidates not aligned with the pro-Trump movement.“This is where the party is,” Mr. Gidley said. “You can ride that wave or you can try to swim against it but the wave is going to win.”Mr. Trump and the party are sometimes directly at odds.The party’s Senate campaign arm, for instance, is supporting the re-election of Senator Lisa Murkowski, the Alaska Republican who voted to convict Mr. Trump of impeachable offenses. Mr. Trump is supporting her challenger, Kelly Tshibaka. Mr. Trump has also regularly attacked Senator Mitch McConnell of Kentucky, the Republican leader, including in a speech to party donors this spring, calling him a “stone cold loser.”Mr. McConnell has ignored the slights. The online store of the party committee charged with returning Mr. McConnell to the majority currently has 21 of 23 items for sale featuring Mr. Trump’s name or face; zero feature Mr. McConnell. Mr. Trump has regularly attacked Senator Mitch McConnell of Kentucky, the Republican leader.Stefani Reynolds for The New York TimesThe party’s Senate committee has also hired Gary Coby, the architect of Mr. Trump’s 2020 digital operation who continues to work with Mr. Trump, as a fund-raising consultant, according to people familiar with the matter.Mr. Trump has begun ramping up his fund-raising operation, sending regular texts and emails that effectively compete with the party apparatus. Mr. Trump’s PAC is back advertising on Facebook, too, even as the platform has banned Mr. Trump from posting there himself.Of the all party organizations, the Republican National Committee has perhaps the trickiest line to toe because it is charged with neutrally overseeing the 2024 presidential nomination process, whether or not Mr. Trump runs.The R.N.C. worked in tandem with the Trump re-election campaign last year, raising hundreds of millions of dollars through shared accounts. A New York Times investigation in April showed how the Trump operation had used prechecked recurring donation boxes to lure unwitting donors into giving again and again — resulting in a wave of fraud complaints and demands for refunds.It turns out that some donations-on-autopilot continued all the way through June 2021, when party officials stopped processing donations to their shared account, the Trump Make America Great Again Committee. That account raised $2.6 million in June almost entirely through recurring donations, according to a person familiar with the matter, of which 75 percent was earmarked for Mr. Trump’s PAC and 25 percent to the R.N.C.But though those donations were stopped, the Trump messaging has continued, with the party hawking “Back to Back Trump Voter” shirts in recent days — yours “FREE” with a $50 donation.“He’s so good for small-dollar fund-raising,” said Liz Mair, a Republican strategist who has been critical of Mr. Trump in the past. “The party cannot financially afford to separate.” More

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      Can the Senate Be Saved? Ben Nelson, the Manchin of Yesteryear, Has Doubts

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      A former Democratic centrist senator says too many lawmakers come to Washington to obstruct rather than be constructive.WASHINGTON — The senator adamantly insisted on bipartisanship. As his fellow Democrats enthusiastically embraced major priorities of the new president, he threatened to withhold his crucial vote unless changes were made and Republicans brought on board. He was statistically the Democrat most likely to break with his party.His name was Ben Nelson, and he was the Joe Manchin of his day in 2009, when the incoming administration of Barack Obama was being tested by Republicans and could not succeed without the vote of the Democratic centrist from Nebraska.“In a way, I think I was,” said Mr. Nelson, accepting the comparison with Mr. Manchin, the high-profile but hard-to-nail-down senator from West Virginia whose vote is pivotal to advancing the agenda of President Biden and congressional Democrats. “Though probably not with quite as much publicity about it.”Mr. Nelson, like Mr. Manchin a popular former governor, was elected to the Senate in 2000. He retired after two terms in 2012, but has kept an eye on Washington and has become discouraged by what he sees.His coming memoir is titled “Death of the Senate,” and although Mr. Nelson concedes that the institution still has a pulse, he sees it as gasping for breath even as Mr. Biden and some current centrist members struggle to produce a semblance of bipartisanship.One main problem, Mr. Nelson suggests, is that too many members of Congress come to Washington determined to stop things from happening, rather than finding ways to make things happen while extracting benefits for their constituents and, hopefully, the nation as a whole.“I wanted to get something done; therefore, by bringing some people together or through my vote, I was able to get something done more than to stop things,” said Mr. Nelson, who was also in the middle of a 2005 effort to prevent Republicans from eliminating the filibuster on judicial nominees. “Everybody wanted to get something done. Maybe they had different ideas about what should be done or how you should do it. But it wasn’t just obstructionists.”That is a big difference from the current climate, he said, where a significant number of Republicans are committed to yielding no ground to Democrats.“It is not a governable situation in D.C. right now for the president or for Congress, because you have the commitment of the Republican leader to block everything and let nothing get through,” he said.Mr. Nelson is referring, of course, to Senator Mitch McConnell, Republican of Kentucky and the minority leader, whose determination to blockade Mr. Obama beginning in 2009 empowered Mr. Nelson in his dealings with the Obama administration.The dynamic is similar today, as Mr. McConnell’s zeal for stopping Mr. Biden’s agenda is giving leverage to Mr. Manchin and a few other Democrats. Mr. McConnell comes in for some tough criticism in Mr. Nelson’s book, which refers to the Republican leader as someone whose main interest is to “maintain a grip on political power and partisan advantage, come hell or high water.”Mr. Nelson, a Democrat, worked with Senator Susan Collins, Republican of Maine, to bring down the cost of the stimulus bill in 2009.Ruth Fremson/The New York TimesIn Mr. Nelson’s day, the situation was slightly different. Rather than the 50-50 split of today, Democrats controlled 57 votes in early 2009 — later to reach a filibuster-proof 60 for a brief period. And while Mr. Nelson was a constant target, the pool of centrists in both parties was larger then as congressional leaders and the White House sought to round up 60 votes to push through measures like an economic stimulus package and later the health care overhaul.Yet some aspects have remained remarkably similar. Then as now, Democrats like Mr. Nelson and Mr. Manchin, whose politics and constituents are more conservative than the rest of their party, come under withering pressure to drop their reservations and simply vote with the team. They also hold outsize sway, with the power to force their own leaders to jettison some priorities to accomplish major goals, and are by nature reluctant to reflexively side with their party even when the stakes are highest.As they look back on 2009, some progressive Democrats have been critical of their leaders’ willingness to bow to demands from Mr. Nelson and other moderates, saying it constrained the Obama administration. They worry that Mr. Biden is making a similar mistake in trying to bargain with Republicans and mollify Mr. Manchin.But Mr. Nelson said there was never really another option for getting things done.“It was either what we achieved as a compromise or perhaps nothing at all,” Mr. Nelson said. More expansive Obama-era proposals, he added, “didn’t have the votes. When people forget about vote-counting, you can be in La La Land all you want.”That is also true of Mr. Biden’s top priorities, nearly all of which lack the 60 votes needed to overcome a filibuster and cannot garner even a simple majority if Mr. Manchin refuses to sign on.Mr. Nelson balked at the initial stimulus proposal put forward by the Obama administration, writing in his book that the “House, under leadership from Speaker Nancy Pelosi, basically grabbed everything off the shelves that might be deemed economic stimulus and lumped it into an $819 billion package.”Working with Senator Susan Collins, Republican of Maine and an occasional collaborator, Mr. Nelson organized a group — a gang, as they were known at the time — to press for the cost of the stimulus to be pared down and devote more to projects guaranteed to create jobs, eliminating some of the party’s priorities. It passed with the support of all Democrats and three Republicans, and has been criticized ever since for being inadequate.Mr. Nelson then played a major role in shaping and finally approving the Affordable Care Act, holding out over a provision that he said would put an undue burden on states by requiring them to expand Medicaid.Harry Reid, Democrat of Nevada and the majority leader who was pulling out all the stops to pass the measure, suggested that the bill include $100 million to cover the costs to Nebraska. Republicans, even some Mr. Nelson had worked closely with, quickly derided it as the “Cornhusker kickback,” and the name stuck. Mr. Nelson said that the proposal was misconstrued and was simply a place-holder as the administration worked out a more permanent solution and options for states.“For my part, I had faced a critical choice,” Mr. Nelson writes, “to legislate or to vacate. I chose to legislate. Had I chosen the path taken by the Republicans, I could have just sailed along say no, no no.”“The political consequences in my largely red state would be considerably less for vacating than the benefits accrued for legislating,” he said. “But I couldn’t have lived with myself.”Mr. Nelson supported the bill, becoming the 60th vote for its approval. But the political damage was done as the news coverage of the special provision caused his popularity to drop back home. At the same time, the health care debate was fueling the Tea Party and made the bipartisanship that drove Mr. Nelson a dirty word.“There was a new element in Congress, a kind of political virus that would virtually kill bipartisanship,” he writes in his book. “There was a restive mood emerging in the conservative areas of the country, a movement of small-government, or antigovernment activists who had been, since the TARP bailout, demanding that their elected representatives stop working on a bipartisan basis with Democrats.”Despite the gridlock and combative partisanship that has swept the Senate, Mr. Nelson said he opposed eliminating the filibuster. In fact, he would like to see the 60-vote threshold restored for executive branch nominees.He acknowledged that the push for bipartisanship can be time-consuming and frustrating, but that he believed that the Senate was still capable of a change in culture.“It doesn’t happen at all if you just quit and say, ‘I’m not trying,’” he said.But if the people in the Senate cannot change, he said, it will be up to voters to change the Senate.“The change is going to come most likely from people back home saying enough is enough,” he said. “I hope the people back home begin to ask the question of anybody running for the House and the Senate: ‘Are you going to put the county and your state ahead of party? Are you going to be a patriot or are you just going to be partisan?’ Because they aren’t equivalent.” More

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      Republicans Block Voting Rights Bill, Dealing Blow to Biden and Democrats

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      All 50 G.O.P. senators opposed the sweeping elections overhaul, leaving a long-shot bid to eliminate the filibuster as Democrats’ best remaining hope to enact legal changes.WASHINGTON — Republicans on Tuesday blocked the most ambitious voting rights legislation to come before Congress in a generation, dealing a blow to Democrats’ attempts to counter a wave of state-level ballot restrictions and supercharging a campaign to end the legislative filibuster.President Biden and Democratic leaders said the defeat was only the beginning of their drive to steer federal voting rights legislation into law, and vowed to redouble their efforts in the weeks ahead.“In the fight for voting rights, this vote was the starting gun, not the finish line,” said Senator Chuck Schumer, Democrat of New York and the majority leader. “We will not let it go. We will not let it die. This voter suppression cannot stand.”But the Republican blockade in the Senate left Democrats without a clear path forward, and without a means to beat back the restrictive voting laws racing through Republican-led states. For now, it will largely be left to the Justice Department to decide whether to challenge any of the state laws in court — a time-consuming process with limited chances of success — and to a coalition of outside groups to help voters navigate the shifting rules.Democrats’ best remaining hope to enact legal changes rests on a long-shot bid to eliminate the legislative filibuster, which Republicans used on Tuesday to block the measure, called the For the People Act. Seething progressive activists pointed to the Republicans’ refusal to even allow debate on the issue as a glaring example of why Democrats in the Senate must move to eliminate the rule and bypass the G.O.P. on a range of liberal priorities while they still control Congress and the presidency.They argued that with former President Donald J. Trump continuing to press the false claim that the election was stolen from him — a narrative that many Republicans have perpetuated as they have pushed for new voting restrictions — Democrats in Congress could not afford to allow the voting bill to languish.Senator Mitch McConnell, the minority leader, denounced any attempt to gut the filibuster.Sarahbeth Maney/The New York Times“The people did not give Democrats the House, Senate and White House to compromise with insurrectionists,” Representative Ayanna Pressley, Democrat of Massachusetts, wrote on Twitter. “Abolish the filibuster so we can do the people’s work.”Liberal activists promised a well-funded summertime blitz, replete with home-state rallies and million-dollar ad campaigns, to try to ramp up pressure on a handful of Senate Democrats opposed to changing the rules. Mounting frustration with Republicans could accelerate a growing rift between liberals and more moderate lawmakers over whether to try to pass a bipartisan infrastructure and jobs package or move unilaterally on a far more ambitious plan.But key Democratic moderates who have defended the filibuster rule — led by Senators Joe Manchin III of West Virginia and Kyrsten Sinema of Arizona — appeared unmoved and said their leaders should try to find narrower compromises, including on voting and infrastructure bills.Ms. Sinema dug in against eliminating the filibuster on the eve of the vote, writing an op-ed in The Washington Post defending the 60-vote threshold. Without the rule there to force broad consensus, she argued, Congress could swing wildly every two years between enacting and then reversing liberal and conservative agenda items.“The filibuster is needed to protect democracy, I can tell you that,” Mr. Manchin told reporters on Tuesday.In their defeat, top Democrats appeared keen to at least claim Republicans’ unwillingness to take up the bill as a political issue. They planned to use it in the weeks and months ahead to stoke enthusiasm with their progressive base by highlighting congressional Republicans’ refusal to act to preserve voting rights at a time when their colleagues around the country are racing to clamp down on ballot access.Vice President Kamala Harris spent the afternoon on Capitol Hill trying to drum up support for the bill and craft some areas of bipartisan compromise.Erin Schaff/The New York Times“Once again, Senate Republicans have signed their names in the ledger of history alongside Donald Trump, the big lie and voter suppression — to their enduring disgrace,” Mr. Schumer said. “This vote, I’m ashamed to say, is further evidence that voter suppression has become part of the official platform of the Republican Party.”Democrats’ bill, which passed the House in March, would have ushered in the largest federally mandated expansion of voting rights since the 1960s, ended the practice of partisan gerrymandering of congressional districts, forced super PACs to disclose their big donors and created a new public campaign financing system.It would have pushed back against more than a dozen Republican-led states that have enacted laws that experts say will make it harder for people of color and young people to vote, or shift power over elections to G.O.P. legislators. Other states appear poised to follow suit, including Texas, whose Republican governor on Tuesday called a special legislative session in July, when lawmakers are expected to complete work on a voting bill Democrats temporarily blocked last month.After months of partisan wrangling over the role of the federal government in elections, the outcome on Tuesday was hardly a surprise to either party. All 50 Senate Democrats voted to advance the federal legislation and open debate on other competing voting bills. All 50 Republicans united to deny it the 60 votes needed to overcome the filibuster, deriding it as a bloated federal overreach.Republicans never seriously considered the legislation, or a narrower alternative proposed in recent days by Mr. Manchin. They mounted an aggressive campaign in congressional committees, on television and finally on the floor to portray the bill as a self-serving federalization of elections to benefit Democrats. They called Democrats’ warnings about democracy hyperbolic. And they defended their state counterparts, including arguments that the laws were needed to address nonexistent “election integrity” issues Mr. Trump raised about the 2020 election.“The filibuster is needed to protect democracy, I can tell you that,” Senator Joe Manchin III said.Erin Schaff/The New York TimesSenate Republicans particularly savaged provisions restructuring the Federal Election Commission to avoid deadlocks and the proposed creation of a public campaign financing system for congressional campaigns.“These same rotten proposals have sometimes been called a massive overhaul for a broken democracy, sometimes just a modest package of tweaks for a democracy that’s working perfectly and sometimes a response to state actions, which this bill actually predates by many years,” said Senator Mitch McConnell, Republican of Kentucky and the minority leader. “But whatever label Democrats slap on the bill, the substance remains the same.”His top deputy, Senator John Thune of South Dakota, also threw cold water on any suggestion the two parties could come together on a narrower voting bill as long as Democrats wanted Congress to overpower the states.“I don’t think there’s anything I’ve seen yet that doesn’t fundamentally change the way states conduct elections,” he said. “It’s sort of a line in the sand for most of our members.”At more than 800 pages, the For the People Act was remarkably broad. It was first assembled in 2019 as a compendium of long-sought liberal election changes and campaign pledges that had energized Democrats’ anti-corruption campaign platform in the 2018 midterm elections. At the time, Democrats did not control the Senate or the White House, and so the bill served more as a statement of values than a viable piece of legislation..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}When Democrats improbably won control of them, proponents insisted that what had essentially been a messaging bill become a top legislative priority. But the approach was always flawed. Mr. Manchin did not support the legislation, and other Democrats privately expressed concerns over key provisions. State election administrators from both parties said some of its mandates were simply unworkable (Democrats proposed tweaks to alleviate their concerns). Republicans felt little pressure to back a bill of its size and partisan origins.Senator Amy Klobuchar, right, announced that she would use her gavel on the Rules Committee to hold a series of hearings on election issues.Sarahbeth Maney/The New York TimesDemocratic leaders won Mr. Manchin’s vote on Tuesday by agreeing to consider a narrower compromise proposal he drafted in case the debate had proceeded. Mr. Manchin’s alternative would have expanded early and mail-in voting, made Election Day a federal holiday, and imposed new campaign and government ethics rules. But it cut out proposals slammed by Republicans, including one that would have neutered state voter identification laws popular with voters and another to set up a public campaign financing system.Mr. Manchin was not the only Democrat keen on Tuesday to project a sense of optimism and purpose, even as the party’s options dwindled. Senator Amy Klobuchar, Democrat of Minnesota, announced she would use her gavel on the Rules Committee to hold a series of hearings on election issues, including a field hearing in Georgia to highlight the state’s restrictive new voting law.Vice President Kamala Harris, who asked to take the lead on voting issues for Mr. Biden, spent the afternoon on Capitol Hill trying to drum up support for the bill and craft some areas of bipartisan compromise. She later presided over the vote.“The fight is not over,” she told reporters afterward.Facing criticism from party activists who accused him of taking too passive a role on the issue, Mr. Biden said he would have more to say on the issue next week but vowed to fight on against the dawning of a “Jim Crow era in the 21st century.”“I’ve been engaged in this work my whole career, and we are going to be ramping up our efforts to overcome again — for the people, for our very democracy,” he said in a statement.But privately, top Democrats in Congress conceded they had few compelling options and dwindling time to act — particularly if they cannot persuade all 50 of their members to scrap the filibuster rule. The Senate will leave later this week for a two-week break. When senators return, Democratic leaders, including Mr. Biden, are eager to quickly shift to consideration of an infrastructure and jobs package that could easily consume the rest of the summer.They have also been advised by Democratic elections lawyers that unless a voting overhaul is signed into law by Labor Day, it stands little chance of taking effect before the 2022 midterm elections.Both the House and the Senate are still expected to vote this fall on another marquee voting bill, the John Lewis Voting Rights Advancement Act. The bill would put teeth back into a key provision of the Voting Rights Act of 1965 that made it harder for jurisdictions with a history of discrimination to enact voting restrictions, which was invalidated by the Supreme Court in 2013. While it does have some modest Republican support, it too appears to be likely doomed by the filibuster.“This place can always make you despondent,” said Senator Christopher S. Murphy, Democrat of Connecticut. “The whole exercise of being a member of this body is convincing yourself to get up another day to convince yourself that the fight is worth engaging in. But yeah, this certainly feels like an existential fight.”Jonathan Weisman More

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      Senate Confirms Top Biden Judge as McConnell Threatens Future Nominees

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      As Ketanji Brown Jackson became the president’s first appellate judge, Senator Mitch McConnell suggested he would block a Biden Supreme Court pick in 2024 if Republicans gained the majority.The Senate confirmed Judge Ketanji Brown Jackson on Monday to the influential U.S. Court of Appeals for the District of Columbia Circuit, giving President Biden his first pick on an appeals court even as the Senate Republican leader threatened future roadblocks for Biden administration judicial nominees.Following her approval by a bipartisan vote of 53 to 44, Judge Jackson, who served as a federal district judge, will join the court regarded as the second highest in the land, and considered an incubator for Supreme Court justices. She is widely considered a potential nominee for the Supreme Court should a vacancy occur during the tenure of Mr. Biden, who has promised to appoint the first African-American woman as a justice.“She has all the qualities of a model jurist,” Senator Chuck Schumer, Democrat of New York and the majority leader, said as he urged her approval. “She is brilliant, thoughtful, collaborative and dedicated to applying the law impartially. For these qualities, she has earned the respect of both sides.”Her approval came as Senator Mitch McConnell of Kentucky, the Republican leader, threatened to open a new front in the judicial wars that have rocked the Senate for decades. In an interview with the conservative radio commentator Hugh Hewitt, Mr. McConnell said Republicans would most likely block any Supreme Court nominee put forward by Mr. Biden in 2024 if Republicans regained control of the Senate in next year’s elections and a seat came open.“I think in the middle of a presidential election, if you have a Senate of the opposite party of the president, you have to go back to the 1880s to find the last time a vacancy was filled,” Mr. McConnell said. “So I think it’s highly unlikely.”His position was not surprising, since it was in line with his refusal in 2016 to consider President Barack Obama’s Supreme Court nomination of Merrick B. Garland, now the attorney general, saying it was too close to the presidential election even though the vacancy occurred in February. But it was nevertheless striking, given that Mr. McConnell was the architect of the strategy that allowed former President Donald J. Trump to fill a Supreme Court vacancy in the final six weeks before he stood for re-election.As for what would happen if a seat became open in 2023 and Republicans controlled the Senate, Mr. McConnell stopped short of declaring that he would block Mr. Biden from advancing a nominee so long before the election, but he left the door open to the possibility. “Well, we’d have to wait and see what happens,” Mr. McConnell said.Stonewalling a nominee in the year before a presidential election would amount to a significant escalation in the judicial wars.Senator Mitch McConnell, the Republican minority leader, said he is likely to block any Supreme Court nominee put forward by President Biden in 2024 if his party regains control of the Senate next year.Stefani Reynolds for The New York TimesMr. McConnell’s pronouncements will most likely amplify calls from progressive activists for Justice Stephen G. Breyer to retire while Democrats hold the Senate and can push through a successor. Justice Breyer, 82, an appointee of President Bill Clinton, has resisted calls to step aside. Justices often time their retirements to the end of the court’s term, which comes in two weeks.Mr. McConnell’s position in 2016 stood in stark contrast to the one he took last year when Senate Republicans, still in the majority, rushed through the confirmation of Justice Amy Coney Barrett just days before the presidential election, racing to fill the vacancy created by the death in September of Justice Ruth Bader Ginsburg..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}Republicans who had banded together in 2016 at Mr. McConnell’s urging and declared that it was not appropriate to confirm a Supreme Court nominee during an election year had remarkable conversions in the case of Judge Barrett. The Republican leader insisted that he had not changed his position, arguing that because Mr. Obama was a Democrat, it was entirely appropriate for members of his party to block his nominee.“What was different in 2020 was we were of the same party as the president,” Mr. McConnell told Mr. Hewitt. “And that’s why we went ahead with it.”Mr. McConnell’s decision to block Mr. Obama from filling the vacancy caused by the death of Justice Antonin Scalia was widely credited with encouraging conservatives to rally around Mr. Trump for the presidency, and ultimately allowing him to name three justices to the court, which now has a 6-to-3 conservative majority.Working in concert with the White House, Mr. McConnell and Senate Republicans also installed 54 conservative judges on the nation’s federal appeals courts, leaving Mr. Biden and Senate Democrats with significant ground to make up as they try to compensate for the conservative success of the Trump era.Senator Richard J. Durbin, Democrat of Illinois and chairman of the Judiciary Committee, called Judge Jackson “the first of many circuit court nominees we will confirm in this Congress.”Judge Jackson will now claim a seat on a court that is particularly prominent because of its routine involvement in Washington policy disputes and national security matters. She and other pending judicial nominees are part of a concerted effort by the Biden administration to diversify the federal courts, both in terms of the nominees themselves and their professional backgrounds.Judge Jackson counted being a public defender among her multiple legal jobs before becoming a federal judge, a role that her supporters note is different from the prosecutorial experience of many sitting on the federal bench.“Our judiciary has been dominated by former corporate lawyers and prosecutors for too long, and Judge Jackson’s experience as a public defender makes her a model for the type of judge President Biden and Senate Democrats should continue to prioritize,” said Christopher Kang, the chief counsel for the progressive group Demand Justice.Such experience has been an obstacle for judicial nominees in the past, and Republican opponents raised questions about her defense work at her confirmation hearing.Judge Jackson will replace Mr. Garland, who remained on the appellate court after his Supreme Court nomination was stymied before becoming attorney general. Mr. Biden has not named his choice for a second vacancy on the prestigious appeals court. More

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      Republicans Oppose Jan.6 Panel With Elections in Mind

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      Republicans see an independent inquiry into the attack on the Capitol as a threat to their push to regain control of the Senate and the House.WASHINGTON — Leading congressional Republicans offer multiple justifications for why they oppose an independent commission to investigate the Jan. 6 attack on the Capitol by a pro-Trump mob, but there is really one overriding reason: They fear it will hurt their party’s image and hinder their attempts to regain power in next year’s midterm elections.Senator John Thune of South Dakota, the No. 2 Republican, was unusually candid about his party’s predicament, which he said was “weighing on people’s minds” as they contemplated the prospect of an inquiry into the deadliest attack on the Capitol in two centuries.Republicans, he said, wondered “whether or not this can be, in the end, a fair process that fully examines the facts around Jan. 6 in an objective way, and doesn’t become a political weapon in the hands of the Democrats.”Senator Mitch McConnell of Kentucky, as is his style, was much more circumspect. But in a closed-door luncheon this week, Mr. McConnell, the minority leader, warned fellow Republican senators that the proposed panel — the product of a deal between a top Democrat and a top Republican in the House — was not as bipartisan as it appeared. He said he believed that Democrats had partisan motives in moving to set up the commission and would try to extend the investigation into 2022 and the midterm election season, tarnishing Republicans and complicating Mr. McConnell’s drive to return as majority leader.A day later, Mr. McConnell joined Representative Kevin McCarthy of California, the House Republican leader, in flat-out opposing the creation of the 10-member commission. Four months after the deadly assault that targeted them and their institution, the two minority leaders in Congress had united against a bipartisan inquiry that would provide a full accounting for the riot.Like Mr. McConnell, Mr. McCarthy is determined to put Republicans in the House majority next year and himself in the speakership, and he regards an investigation into what happened on Jan. 6 as an obstacle in his path.Given that the commission would be likely to delve into the details of Donald J. Trump’s role in stoking the riot with lies about a stolen election — and that of his party in spreading those false claims and seeking to invalidate President Biden’s victory — it stands to reason that any investigation could be damaging to Republicans. The testimony of Mr. McCarthy, who was in contact with Mr. Trump by phone on Jan. 6, would undoubtedly be sought.Representative Steny H. Hoyer of Maryland, the No. 2 House Democrat, archly referred to potential Republican culpability during a House debate on Wednesday, saying the inquiry was needed to get to the bottom of what took place.“Why did that happen?” he asked. “How did it happen? How can we stop it from happening again? What are the resources that we need? And yes, who was responsible? Some, perhaps, are going to vote against this because that’s what they fear.”Capitol Police officers aiming their guns at a barricaded door as rioters tried to enter the House chamber on Jan. 6.Andrew Harnik/Associated PressThe political dynamic was a stark difference from the aftermath of the Sept. 11 attacks, when lawmakers, despite months of disagreement and negotiation, finally came together around the idea of forming an outside inquiry. The independent commission they created has become the gold standard for such efforts, and was heralded for its work in unraveling the origins of the terrorist attacks and making recommendations to prevent a recurrence. Just three House members opposed the formation of that commission on the final vote in November 2002, and the proposal was approved on a voice vote in the Senate.But there was no hope for a similar consensus outcome in the House on Wednesday — and most likely none in the Senate in the future — at a time when many Republicans have been working to deflect any close examination of the riot, and some have tried to downplay or deny its crucial facts.Republican leaders have dug in against the commission even though one of their own members negotiated its details with Democrats, who acceded to their initial demands about its structure. The Jan. 6 proposal was modeled very closely on the Sept. 11 commission. But times have changed, and the Capitol riot has become just another partisan dividing line in a divided capital.Political risks were a very real consideration in 2002 as well. The Bush administration, and particularly Vice President Dick Cheney, quietly hindered the drive to set up the bipartisan commission even as the White House professed to be fully supportive of the effort. President George W. Bush and members of his administration knew that the disclosure of intelligence lapses leading up to Sept. 11 and other aspects of the investigation could be severely damaging, and they were in no rush to back an inquiry that could haunt the president’s re-election in 2004. But the pressure built to the point where Congress was finally able to proceed.Many of the objections being raised now were also aired during the debate surrounding the Sept. 11 commission. Mr. McConnell and others have said that congressional committee inquiries can get the job done while the Justice Department is deep into its own criminal investigations.“It’s not at all clear what new facts or additional investigation yet another commission could lay on top of the existing efforts by law enforcement and Congress,” Mr. McConnell said.But to Democrats and others supporting the commission, that is the point: A bipartisan inquiry could find facts and developments that other, more narrowly focused investigations might miss, and then be able to deliver a more comprehensive picture of what happened on Jan. 6. The Sept. 11 commission went to work after numerous congressional inquiries, including an in-depth, joint House and Senate Intelligence Committee investigation, and there was still plenty of room for the panel to expand on that and other work.Republicans have also raised concerns that the inquiry could complicate the criminal prosecution of those being charged in the assault — a common critique of congressional investigations that parallel criminal inquiries. And they objected that Democrats would appoint the chair of the panel and control the hiring of staff members, suggesting that even with Republicans able to appoint half of the commission members, Democrats would really be in control.“It will be up to the commission to decide how far they want to go,” said Representative John Katko, Republican of New York, who helped negotiate the bipartisan committee agreement.Stefani Reynolds for The New York TimesRepresentative John Katko of New York, the top Republican on the Homeland Security Committee, who negotiated the agreement with Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, sought to dispel those concerns and others, calling them unwarranted.“The commission creates the rules as a team,” Mr. Katko said. He also dismissed complaints from Republicans that the scope of the panel was too narrow given civil unrest around the nation, including by left-leaning activists, saying there was no reason the commission could not examine such episodes.“It will be up to the commission to decide how far they want to go,” he said.Such assurances are unlikely to move Mr. McConnell and Mr. McCarthy, who have other reasons for opposing the commission. They believe that Democrats have a vested interest in calling attention to the horrors of Jan. 6, and saw the efforts by Speaker Nancy Pelosi to maintain fencing around the Capitol and keep National Guard troops present as ways to remind Americans of the assault by pro-Trump forces. Given all of that, it is not clear whether the proposal can draw the 10 Republicans whose votes would be needed to advance the bill creating the inquiry past a filibuster in the Senate.But 35 Republicans in the House broke from the leadership and supported the commission. They said it was time for others in their party to do the same in the pursuit of truth.“We need the answers, not political rhetoric,” said Representative Fred Upton of Michigan, one of the 35. “That’s what this bipartisan commission can provide for all of us, for our country. Let the truth shine in.” More