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    This Case Should Never Have Made It to the Supreme Court

    “The most important case for American democracy” in the nation’s history — that’s how the former appeals court judge J. Michael Luttig described Moore v. Harper, an extraordinary lawsuit that the Supreme Court considered in oral arguments Wednesday morning. Judge Luttig, a conservative and a widely respected legal thinker, is not one for overstatement. Yet most Americans aren’t paying attention to the case because it involves some confusing terminology and an arcane legal theory. It is essential that people understand just how dangerous this case is to the fundamental structure of American government, and that enough justices see the legal fallacies and protect our democracy.First, the back story on the case: In 2021, North Carolina lawmakers redrew their congressional maps. The state had 13 districts at the time, and its voters were more or less evenly divided between Democrats and Republicans. But the Republicans who are in control of North Carolina’s legislature didn’t want fair maps; they wanted power. In one of the most egregious gerrymanders in the nation, they drew 10 seats intended to favor themselves.The North Carolina courts were not amused. A panel of three trial judges found that the 2021 maps were “intentionally and carefully designed to maximize Republican advantage” — so much so that Republicans could win legislative majorities even when Democrats won more votes statewide. The State Supreme Court struck down the maps, finding they violated the North Carolina Constitution’s guarantees of free elections, free speech, free assembly and equal protection.That should have been the end of it: A state court applying the state Constitution to strike down a state law. But North Carolina’s Republican lawmakers appealed, arguing that the U.S. Constitution does not give state courts authority to rule on their congressional maps — even though the legislature had passed a law authorizing the courts to review redistricting plans like these. Instead, the lawmakers are relying on an untested theory that asserts that state legislatures enjoy nearly unlimited power to set and change rules for federal elections.In 2000 the chief justice at the time, William H. Rehnquist, proposed the idea in his concurring opinion on Bush v. Gore, and the independent state legislature theory has been floating around the fringes of right-wing legal circles ever since.To be clear, this is a political power grab in the guise of a legal theory. Republicans are trying to see if they can turn state legislatures — 30 of which are controlled by Republicans — into omnipotent, unaccountable election bosses with the help of the conservative supermajority on the Supreme Court. The theory has no basis in law, history or precedent. The idea that state lawmakers exist free of any constraints imposed by their constitution and state courts makes a mockery of the separation of powers, which is foundational to the American system of government. By the North Carolina lawmakers’ logic, they possess infinite power to gerrymander districts and otherwise control federal elections. It is a Constitution-free zone where no one else in the state — not the governor, not the courts, not the voters through ballot initiatives — has any say.On Wednesday morning, Justice Elena Kagan rejected the theory out of hand, saying it “gets rid of the normal checks and balances on the way big governmental decisions are made in this country. And you might think that it gets rid of all those checks and balances at exactly the time when they are needed most.”In practice, the theory that the petitioners in the case are seeking to use would turn hundreds of state constitutional provisions into dead letters in federal elections. For instance, 48 states affirmatively guarantee a right to vote in their constitutions. (The federal Constitution still does not.) Most state constitutions guarantee free, fair, equal or open elections. Even the secret ballot — so fundamental to American democracy — is a creature of state constitutions. If the justices accept the most aggressive version of the independent state legislature theory that the petitioners want them to and even if they accept a weaker version, provisions like these could become invalid overnight, because the theory holds that state constitutions have no authority to impose any regulations on federal elections. (The Constitution and federal law remain supreme, so challenges to state legislative actions could still be brought in federal courts.)Some of the justices insist that they don’t — they can’t — pay attention to the real-world outcomes of their rulings. They’re just interpreting law. By that logic, this case should be rejected on its merits.First, the theory is based on bad legal interpretation. The Constitution uses the word “legislature” in describing who has the power to regulate federal elections. Because of this word, the theory’s supporters claim, state legislatures have nearly unlimited power in that realm. But as Judge Luttig has noted, the theory has “literally no support” in the Constitution. To the contrary, the framers who wrote the Constitution were concerned that state legislatures had too much power, not too little. The text they wrote makes many references to the powers of those legislatures and of Congress, but it never says or implies that they are immune to review by the judicial branch.Second, the theory is based on bad history. The best evidence its supporters offer is a two-century-old document that has long been known to be fraudulent. Written in 1818 by Charles Pinckney of South Carolina, a founding father, it is purported to be a replica of the plan for government that he introduced three decades earlier at the Constitutional Convention. But what he submitted in 1818 was not the real deal. James Madison suspected this immediately, as have virtually all historians to examine it in the years since.When the theory’s supporters sought to claim that the practices of early state legislatures proved that their side should win, Justice Sonia Sotomayor responded, “Yes. If you rewrite history, it’s very easy to do.”Third, if the Supreme Court accepts this theory, it will create a logistical nightmare in states across the country. That’s because the theory applies only to federal elections, not state elections, in which state courts unquestionably have a role to play. As a result, there would be two sets of rules operating at the same time, one for federal elections and one for state elections. Chaos and confusion would reign.Most important, the Supreme Court has already implicitly rejected the theory many times over. In precedents stretching back decades, the court has made clear that state courts have the power to set limits on what lawmakers can do when it comes to federal elections. As recently as 2019, the court rejected a plea for it to stop the extreme partisan gerrymandering in North Carolina and other states. In doing so, Chief Justice John Roberts explained that this is exactly the role that state courts should play. “Provisions in state statutes and state constitutions can provide standards and guidance for state courts to apply,” he wrote.At Wednesday’s argument, Justice Samuel Alito appeared to reject that premise. He accused elected state court judges, like those in North Carolina, of being political actors themselves. “There’s been a lot of talk about the impact of this decision on democracy,” said Justice Alito, who has given openly partisan speeches to outside groups and voted consistently in alignment with Republican policy priorities. “Do you think that it furthers democracy to transfer the political controversy about districting from the legislature to elected supreme courts where the candidates are permitted by state law to campaign on the issue of districting?”Another way to appreciate the absurdity of the theory is to consider who has come out for and against it. On one side, a large and bipartisan group of judges, government officials, former lawmakers, leading historians and constitutional scholars from across the political spectrum have rejected it. These include a co-founder of the right-wing legal group the Federalist Society, the chief justices of all 50 states, multiple Republican former governors and secretaries of state and civil rights organizations.On the other side, you will find a far smaller and less bipartisan cast of characters — among them, the Republican National Committee, a group of Republican state attorneys general and John Eastman, a former law professor last seen helping Donald Trump plan an illegal and unconstitutional coup to stay in office (an act that has exposed Mr. Eastman to a real risk of criminal prosecution).That so many justices would take the theory seriously is bad enough. Three of them — Justices Alito, Neil Gorsuch and Clarence Thomas — appear to favor the independent state legislature theory, as they suggested in an opinion in an earlier stage of the case. Justice Brett Kavanaugh has also indicated his openness to it. It’s worse when the public trust in and approval of the court have fallen to historic lows, thanks largely to aggressively partisan recent opinions, as this board has argued.There’s an old saying that only close cases make it to the Supreme Court. If they weren’t close, they would have been resolved in the lower courts. But Moore v. Harper isn’t a remotely close case. A ruling for the North Carolina lawmakers would flood the federal courts with election litigation that normally plays out in the states, upending the balance of federalism that defines American government. That’s not a conservative result; it’s a dangerously radical one.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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    Donald Trump Is Weak. And Powerful. Now What?

    Everyone knows by now how many Trump candidates lost this year, especially the higher-profile, more hard-core ones who claimed the 2020 election was stolen. Kari Lake lost in Arizona. Doug Mastriano lost in Pennsylvania. Most of the notable pro-Trump secretary of state candidates lost. The Senate candidates, too. The Democrats even added on in Georgia on Tuesday, with the same, central animating force behind each development: that Donald Trump forced his party to run a candidate, Herschel Walker, who lost, weakening Mr. Trump and the party — a mutual descent.What everyone does not know by now is what to do with Mr. Trump’s third candidacy for president. What is this campaign? He’s a candidate without opponents, who has made less frequent public appearances since his announcement than he did before, whose party’s other notable members seem to want to move on but often still don’t really say so publicly. The 2022 incarnation of Mr. Trump is like some kind of trap: He keeps losing and forcing others to go with him, in part because of his and their nature and in part because without him, Republicans might not quite be able to win, either.Looming over every aspect of Mr. Trump’s current campaign is the simple question: Will this be like before? That has a technical, outcome-driven dimension (will he win and become president?) and a more cultural, psychological one (will he dominate American life, and will each day’s news turn on the actions and emotions of one person cascading through society?). Politics is about a lot more than just the outcomes of elections; a long time separates us from the 2024 election, and each day has the potential to influence the ones after. Something can be weak and a considerable force in politics or culture at the same time; someone can be losing and influential at the same time. These things are compatible.The country spent nearly two years hearing about voting machine conspiracies and the possibility of subversion in future elections. Voters rejected all that in many cases. What did the last two years mean for Mr. Trump and these candidates? For all of us? Nobody got anything of real value out of conspiracy theories and Trump recriminations. Not the Republicans, certainly, and that’s been the tenor of much post-election coverage and conversation — the way Mr. Trump’s choices produced certain outcomes that hurt the Republican Party.“The people that were on the crazy side, they’ve kind of been sent off to the frontier,” Tony Evers, Wisconsin’s Democratic governor, told Semafor this week. “If you’re denying the last election or any election, I think that balloon has been popped.” Even so, it’s no great gift to the country as a whole that candidates ran for two years on suspicion about normal election practices or advancing conspiracy theories, which people heard and internalized — a more intangible result with effects harder to measure.Since Mr. Trump’s announcement for president, as you have also heard by now, he’s repeatedly demanded that the 2020 election be redone, even straight up saying that there could be a “termination” of the Constitution. Two nights before Thanksgiving, he ate dinner with a white supremacist and Kanye West, who can’t stop saying antisemitic things. These events can also be viewed through this dual dynamic of weakness and influence. In the most basic horse race political sense, Mr. Trump’s actions almost certainly hurt him; more Republicans have criticized him, and we have multiple election cycles of results suggesting that people reject his choices. This weakens him. But he still has influence, and through this one dinner, for instance, many, many people heard about an extreme racist they probably never heard about before.In 2022, even when Mr. Trump seems to be fading politically, nobody has conclusively resolved the question of how to deal with him — when to step in and when to ignore, how to measure one action against another. The central issue flows from an understanding that most people in this country seem to share, however they feel about him: Mr. Trump will not be stopped from endlessly wanting things. And he will not confine himself to the ways in which a president or public person is supposed to behave, in pursuit of this endless array of wants and needs.Faced with this uncontrollability, people fall into complex emotional dynamics of how to react to Mr. Trump — to care or not care, how to demonstrate caring, to ignore him or this or that, to never ignore it, how far to go, when to walk away, when to stay, when someone else’s silence becomes unacceptable. How is a person supposed to be? What can a single person do? What are our duties and obligations? These questions animate centuries of literature and philosophy, but Mr. Trump’s chemical mix of emotion and power turns them into an hourly concern. He will not change; you can. This is an exhausting texture of American life in this era, even now.It’s almost hard to remember what the first campaign was like, though it, too, started with a weak hand. Mr. Trump defeated a splintered field with, initially, mere pluralities of votes. And you were constantly finding out how weak American institutions were: the thinness of political belief among Republican politicians, the inability of different institutions to do anything about Mr. Trump’s candidacy, the true incentives of cable news, how game people were to go along with, for instance, an attack on Mexicans or Gold Star parents. Practically overnight, Republican and conservative groups went from opposing Mr. Trump to caving in to the reality of his candidacy to emphatically supporting him. This general dynamic repeated again and again for years.Seven years in, one of the more disorienting aspects of the Trump era is the way there’s never any sense of resolution. The entire population hangs in a kind of eternal suspense, without past or future. Since the week of Jan. 6, 2021, without Mr. Trump’s ceaseless presence on the major social platforms, things have been somewhat different. But who knows where he goes from here? He might return to Twitter. He might really be fading. He might lose to Ron DeSantis, Florida’s governor. He might not accept a loss to anyone, at any point. He might be president again. Could we really revert to the full chaotic, exhausting, late-2010s immersion in Mr. Trump’s emotions?The need to know how it ends with Mr. Trump, what will happen next and how people respond to him, can obscure the current situation. And over the past year, it’s become clearer how power and weakness and influence can exist in one space and in one person. In this dark environment, Mr. Trump can lose an election and still change American life indefinitely.Katherine Miller is a staff writer and editor in Opinion.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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    After Georgia Senate Loss, Republicans Stare Down Their Trump Dilemma

    ATLANTA — The Democrats’ capstone re-election victory of Senator Raphael Warnock forced Republicans to reckon on Wednesday with the red wave that wasn’t, as they turned with trepidation to 2024 and the intensifying divisions in the party over former President Donald J. Trump.Mr. Warnock’s two-and-a-half percentage point win over Herschel Walker in the Georgia Senate runoff left Democrats with a 51-49 seat majority in the upper chamber, a one-seat gain. That came despite dire predictions for a blood bath for President Biden’s party.It quickly had Republican fingers pointing every which way: at Senator Mitch McConnell of Kentucky, the Republican leader accused by detractors of abandoning or belittling embattled Republican Senate candidates; at Senator Rick Scott of Florida, the chairman of the National Republican Senatorial Committee, who many feel badly mismanaged the Senate Republicans’ campaign arm; and at Mr. Walker himself, for hiding and lying about his past, only to see the details stream out steadily over the course of his campaign.But for a handful of Republicans, newly emboldened by re-election or retirement to say so aloud, the biggest culprit was Mr. Trump. In increasingly biting terms, they slammed him for promoting flawed candidates, including Mr. Walker, dividing his party and turning many swing voters against the G.O.P. for the third election cycle in a row.“I think he’s less relevant all the time,” Senator John Cornyn, a Republican of Texas, said of the former president, who has begun a third bid for the White House.“It’s just one more data point in an overwhelming body of data that the Trump obsession is very bad for Republicans,” said Senator Patrick J. Toomey of Pennsylvania, a retiring Republican whose seat was flipped to Democrats by Lt. Gov. John Fetterman.Trump campaign aides responded with defiance, in a back-and-forth likely to be on repeat for the foreseeable future. Steven Cheung, a senior communications adviser for the former president, said they “are not going to be lectured by political swamp creatures who are already looking to find ways to make a quick buck in 2024 by running to the media and providing cowardly quotes.”The midterm losses like Mr. Walker’s not only squashed the G.O.P.’s high hopes of retaking control of the Senate but also signaled the party’s steep climb ahead. Voters in several presidential battleground states resoundingly rejected candidates aligned with the former president, handing Republicans losses in winnable races in Arizona, Pennsylvania, Nevada, New Hampshire and, finally, Georgia.Mr. Trump’s influence was indisputable in the suburbs, said Rusty Paul, the Republican mayor of Sandy Springs, a booming suburban city on Atlanta’s northern edge.Mr. Paul allowed that the once almost-wholly affluent, almost-wholly white community had become more diverse ethnically, racially and economically, tipping it in Democrats’ favor.Herschel Walker giving his concession speech on Tuesday night.Nicole Buchanan for The New York TimesA scorecard with election results left at Mr. Walker’s election night party.Nicole Buchanan for The New York Times“All of those are factors, but the greatest factor is Trumpism,” he said.“There’s a very strong conservative streak in the northern suburbs, Cobb, North Fulton — if Trump’s not engaged, they’ll still vote Republican,” he continued, speaking of the northern edge of Atlanta’s main county and Cobb County, just to the west. “But if they feel Trump’s influence, they’ll vote against him.”Trump loyalists in Georgia and beyond disputed that assessment. Former Speaker Newt Gingrich, who represented many of those suburbs for years as a House Republican, blamed a list of factors beside Mr. Trump, down to the mockery by “Saturday Night Live” of Mr. Walker three days before the runoff election. It’s the G.O.P. versus the media, Big Tech, Hollywood and the nation’s social power structures, he said.Understand the Georgia Senate RunoffNew Battlegrounds: Senator Raphael Warnock’s win shows how Georgia and Arizona are poised to be the next kingmakers of presidential politics, Lisa Lerer writes.A Rising Democratic Star: Mr. Warnock, a son of Savannah public housing who rose to become Georgia’s first Black senator, is a pastor and politician who sees voting as a form of prayer.Trump’s Bad Day: The loss by Herschel Walker, the Republican candidate, capped one of the worst days for former President Donald J. Trump since he announced his 2024 bid.“We underestimate how big the mountain is that we’re trying to climb,” he said.But Mr. Gingrich also raised the prospects of a disastrous 2024, as Trump’s supporters split acrimoniously with its anti-Trump wing of the party the way conservatives in 1964 backed Barry Goldwater and moderates sided with Nelson Rockefeller.“My greatest fear is that we’re going to end up in a 1964 division” that left Republicans crippled in Congress, he said in an interview Wednesday. “I can imagine a Trump-anti-Trump war over the next two years that just guarantees Biden’s re-election in a landslide and guarantees that Democrats control everything.”Senator Raphael Warnock visited students at Georgia Tech on Monday.Nicole Craine for The New York TimesMr. Warnock speaking to reporters on Tuesday in Norcross, Ga.Nicole Craine for The New York TimesEmerging from the midterms, the anti-Trump wing has plenty of ammunition to make its case for a break. Two of Mr. Trump’s most prominent Republican foils in Georgia, Gov. Brian Kemp and Secretary of State Brad Raffensperger, won re-election easily, in part because of their refusal to back the former president’s lie that the state had been stolen from him in 2020. Their resistance confirmed to Republican-leaning swing voters that they were not in Mr. Trump’s thrall.In contrast, Mr. Walker, who was urged to run by the former president and has already said he intends to vote for Mr. Trump for president, lost ground among almost every type of precinct in the four weeks between Election Day on Nov. 8 and runoff day on Tuesday, according to a New York Times analysis.The Republican fared worse in the runoff at precincts that initially backed Mr. Warnock and Mr. Kemp, at precincts dominated by college graduates, at urban and suburban precincts, affluent precincts and at Black precincts and Hispanic precincts. The only precincts where he held his own were in rural areas and areas with white, noncollege voters.Mr. Walker, a first-time candidate and former football star, had plenty of troubles that had nothing to do with Mr. Trump. His campaign was repeatedly hit with damaging revelations that might have knocked other candidates out of the race, including accusations of domestic violence, unacknowledged children and hypocrisy on abortion.And beyond Mr. Trump, there are other factors changing Georgia’s political hue: the in-migration of voters of color from around the country, the movement of politically active Black voters from central Atlanta to suburbs near and far, where they carried on their organizational activities, and the activation of white women like Jennifer Haggard, a real estate agent and lifelong Sandy Springer, who cast aside reflexive conservatism for a more open-minded politics.“I’m the white Republican who turned swing voter for sure,” Ms. Haggard said after voting for Mr. Warnock. She cited Mr. Trump as easily the biggest factor, but happily voted for Mr. Warnock.In the face of trends favoring Democrats, Georgia Republicans failed to nominate a Senate candidate who could galvanize both the party’s hyper-conservative base and its moderate factions — a group that many in the G.O.P. believe still makes up a majority of the state’s electorate.That failure extended beyond Georgia. Republican candidates in the primary season reached into Mr. Trump’s ideological milieu to capture his voters, moving so far that they could not credibly swing to win back the center in the general election.“Even if you capture all of the Trump voters, you may be able to win a primary but you’re not necessarily going to win a general election and in this business, you have to win an election before you can actually govern,” said Mr. Cornyn, who for years dodged questions about Mr. Trump. “It’s not like coming in second and getting a trophy like you did in junior high school for participation.”For many Trump-loyal voters, the question may come down to whether they are willing to make a cold-eyed assessment of electability or follow their hearts. The chorus of Republican voices arguing for electability is growing louder.“More strings of defeats delivered to us clearly by Donald Trump is enough for our party to realize we’ve got to move on if we want to win,” Paul D. Ryan, the former Republican Speaker of the House, said in a SiriusXM interview. “We should not just concede the country to the left by nominating an unelectable candidate like Donald Trump.”Even Mr. Walker’s team seemed to acknowledge Mr. Trump was a drag on the candidate in the final weeks of the race. As the former president teased a visit to Georgia, Trump aides worked with the Walker campaign to agree to scrap an in-person rally and instead hold the event via phone. Mr. Walker did not frequently mention Mr. Trump in his campaign speeches. And in his final concession speech, he did not say the former president’s name.Jack Kingston, a former House Republican from the Savannah area, argued that Mr. Trump’s influence was overblown. In 2021, as two Georgia Senate races headed to a runoff, Mr. Trump, then the president, was railing against a rigged election, signaling to Republicans that their vote wouldn’t count, he noted. This time around, he was far less present.“I would not say the invisible hand of Donald Trump was telling Herschel Walker what to do,” Mr. Kingston said on Wednesday. “He was his own man.”Stephanie Lai More

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    For Sunak, Like Biden, Dullness Could Be a Secret Weapon

    For all their differences, President Biden and Prime Minister Rishi Sunak of Britain share a challenge: operating in the wake of a larger-than-life predecessor. They have tactics in common, too.LONDON — For years, Boris Johnson and Donald J. Trump were viewed as populist twins — flamboyant, scandal-scarred, norm-busting figures, acting in a trans-Atlantic political drama. With both out of office, at least for now, a more timely and intriguing comparison is between Prime Minister Rishi Sunak and President Biden.Though they differ by obvious metrics — young vs. old, conservative vs. liberal — Mr. Sunak and Mr. Biden are using strikingly similar methods to govern in the wake of their larger-than-life predecessors. Both have tried to let the steam out of their countries’ hothouse politics by making a virtue of being, well, a little boring.The similarities are more than stylistic: Both lead parties that are divided between centrist and more extreme forces, whether to the right, for Mr. Sunak, or the left, for the American president. And both are dogged by poor poll numbers, in part because of economic ills but also because their pragmatic, undramatic style can seem ill-suited to the polarized politics of post-Brexit Britain and post-Trump America.For Mr. Sunak, who took office in October amid an economic crisis and after months of political upheaval that left his Conservative Party exhausted and unpopular, Mr. Biden might offer a blueprint for political rehabilitation.Two years into his term, Mr. Biden has confounded the skeptics, with the Democratic Party performing unexpectedly well in the midterm elections, in defiance of historical trends that typically punish the party in power.“Boris and Trump were generalists, short on details and ideologically flexible, but the sheer force of their personality brought them to the top, and eventually led to their downfalls,” said Frank Luntz, an American political strategist and pollster who was a classmate of Mr. Johnson’s at Oxford University.“Rishi and Biden are the exact opposite,” Mr. Luntz continued. “Not particularly great communicators, quite often trapped in the weeds of details, but able to move their governments forward because of their detailed knowledge and experience.”President Biden and Jill Biden after returning from Camp David on Sunday.Pete Marovich for The New York TimesCircumstances forced both leaders to press for emergency legislation right off the bat: Mr. Biden, to cushion the damage caused by the coronavirus pandemic; Mr. Sunak, to counter the disastrous foray into trickle-down tax policy engineered by his immediate predecessor, Liz Truss. That spooked financial markets, sent the British pound into a tailspin and drove up interest rates.After passing his Covid relief bill, Mr. Biden managed to push through ambitious legislation to combat climate change. With narrow majorities in the House and especially in the Senate, he had to fend off progressives in his party and win over centrists like Senator Joe Manchin III of West Virginia, who held up that bill until he negotiated compromises with the Senate Democratic leader, Chuck Schumer of New York.The Biden PresidencyHere’s where the president stands after the midterm elections.A Defining Issue: The shape of Russia’s war in Ukraine — and its effects on global markets —  in the months and years to come could determine President Biden’s political fate.Beating the Odds: Mr. Biden had the best midterms of any president in 20 years, but he still faces the sobering reality of a Republican-controlled House for the next two years.2024 Questions: Mr. Biden feels buoyant after the better-than-expected midterms, but as he turns 80, he confronts a decision on whether to run again that has some Democrats uncomfortable.Legislative Agenda: The Times analyzed every detail of Mr. Biden’s major legislative victories and his foiled ambitions. Here’s what we found.Mr. Sunak, who has a more than 70-seat majority in Parliament, may not face as much legislative needle-threading in passing his package of tax increases and spending cuts. But he does have to contend with an increasingly unruly Tory Party, which is making it difficult for him to settle a trade dispute with the European Union over Northern Ireland, overhaul Britain’s cumbersome planning rules for home building, or even construct onshore windmills.“He’s being pushed around by various factions in the Tory Party,” said Kim Darroch, a former British ambassador to the United States. “Biden, by contrast, is quite resolute about his moderate, centrist principles.”While Mr. Sunak’s allies make no explicit comparisons between him and Mr. Biden, several have claimed his quiet, unflashy competence is restoring stability after the political roller-coaster of the last three months. On returning to the cabinet as a senior minister, Michael Gove declared “boring is back,” and joked that it was the government’s “utter determination to try to be as dull as possible.”Asked in an interview whether the motif of Mr. Sunak’s leadership was that “boring is the new sexy,” Mark Harper, the transport secretary, smiled and replied: “What he’s about is a government that’s grown up, that grips the issues that people are concerned about and gets on with governing.”Mr. Sunak and his wife, Akshata Murty, returning to 10 Downing Street last month after visiting a food and drinks market promoting British small businesses.Pool photo by Toby MelvilleUnlike Mr. Biden, 80, whose aides still periodically find themselves having to clean up unguarded statements, Mr. Sunak, 42, rarely commits a gaffe. His cautious persona and stilted speaking style have drawn comparisons to John Major, who in 1990 succeeded a more forceful prime minister, Margaret Thatcher.Mr. Major’s electoral record was mixed: He surprised many by winning a modest majority of 21 in the general election in 1992. But that victory was followed swiftly by a financial crisis that sapped his reputation and paved the way for a landslide victory five years later by the Labour Party leader, Tony Blair.This time, the crisis struck before Mr. Sunak took office. But it leaves him with no more than two years to rescue his party before the next election, and he faces the headwinds of soaring inflation, rising interest rates, labor unrest and a recession. Depending on when Mr. Sunak chooses to call that vote, there is a chance that American voters could be electing a president around the same time.Will Mr. Biden be in that race? The chances of his running again rose after the midterms, not to mention the president’s proposal to rearrange the Democratic Party’s primary calendar, so that South Carolina, which resurrected his presidential fortunes in 2020, will now vote first, ahead of the Iowa caucus.There is no evidence that Mr. Biden and Mr. Sunak talked politics in their first face-to-face meeting as leaders at a summit in Indonesia last month. Indeed, given their disparity in age, background and politics, there is little indication they will develop the kind of rapport enjoyed by, say, Mr. Blair and President Bill Clinton. When the Tories elected Mr. Sunak as leader, Mr. Biden hailed it as a “groundbreaking milestone,” though he added, “As my brother would say, ‘Go figure.’”At the moment, the oddsmakers are betting against Mr. Sunak. There is even speculation that if the Conservatives get thrashed in local elections next May, his enemies might move against him and try to reinstall Mr. Johnson. But Mr. Sunak’s allies hope for a Biden-like surprise, which could give him a solid base for the next general election (it must take place by January 2025).Given Labour’s formidable lead in opinion polls — and a Labour leader, Keir Starmer, who rivals Mr. Sunak in competence over charisma — few analysts see a path for Mr. Sunak to a convincing victory. But some think the outcome could be much closer than some of Labour’s supporters now expect. For one thing, Mr. Sunak’s poll ratings exceed those of his battered party, which is the reverse of Mr. Biden and the Democrats before the midterm elections.“There is a big difference between what voters think of the Conservative Party and what voters think of Sunak,” said Peter Kellner, a polling expert. “The big question now is whether the Tory Party drags Sunak’s ratings down, or Sunak drags the Tory Party’s ratings up.”Those are the same questions handicappers were asking about Mr. Biden in the anxious days leading up to the midterms. If both he and Mr. Sunak are in still office in 2025, it will be proof that boring is not only back, but political gold. More

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    Netanyahu Coalition Roils Israel Before Government Is Formed

    Efforts by Benjamin Netanyahu to appease his extremist coalition partners have been met with a backlash from Israeli liberals.JERUSALEM — First he agreed to hand control over Israel’s internal security to an ultranationalist. Then he pledged to give a party that opposes gay rights and liberal values wide powers over some programs taught in public schools. Finally, he promised a religious party that seeks to annex the West Bank authority over much of daily life in the occupied territories.The backlash against efforts by Israel’s prime minister-designate, Benjamin Netanyahu, to form a new right-wing government has been swift, with liberal Israeli critics and even many conservatives saying that he is undermining the country’s democratic values.While Mr. Netanyahu is returning to power in a position of strength after the Nov. 1 election — his right-wing and religious alliance won 64 seats, a majority in the 120-seat Parliament — his path back has been far from smooth as he maneuvers the political land mines that come with working with his new allies.He has caused an uproar within the school system after last week promising Avi Maoz, the leader of the far-right Noam party who promotes policies that critics describe as homophobic, racist and misogynist, authority over extracurricular content and enrichment programs in the state school system. Within days, hundreds of teachers and hundreds of school principals, as well as dozens of city mayors and local councils publicly pledged to ignore any dictates from Mr. Maoz and to preserve the spirit of pluralism in their classrooms.Israeli soldiers in October on guard at a bus stop south of the West Bank city of Nablus with far-right election posters. Experts say Mr. Netanyahu will have to consider how much to rein in far-right coalition partners.Menahem Kahana/Agence France-Presse — Getty ImagesInitial agreements with other potential coalition partners have also been contentious, underlining what the emerging government’s opponents describe as a struggle ahead to preserve the country’s liberal democracy, its independent judiciary and the status quo in matters of state and religion.Mr. Netanyahu, Israel’s longest-serving prime minister, is returning to office after more than a year in the opposition even as he is standing trial on corruption charges. Accusing the departing government of seeking to foster a rebellion against the incoming one, he has tried to reassure his domestic and international audiences that he alone will be responsible for his government’s policies.But despite his strong position in the new Parliament, experts say Mr. Netanyahu has been weakened by his legal troubles, leaving open the question of how much he will want to rein in his ultranationalist or ultra-Orthodox coalition partners.“On one side is what is good for the country,” said Reuven Hazan, a professor of political science at the Hebrew University of Jerusalem, “and there is what is good for him on the other.”“Netanyahu might now be willing to consider things that are not in the country’s interest if they help him survive politically,” Professor Hazan said. “His partners know that and realize they can squeeze more from him.”What to Know About Israel’s Latest ElectionThe country held its fifth election in less than four years on Nov. 1.Netanyahu’s Return: Benjamin Netanyahu, Israel’s opposition leader, is set to return to power with a new, far-right coalition that will once again make him prime minister.The Far Right’s Rise: To win the election, Mr. Netanyahu and his far-right allies harnessed perceived threats to Israel’s Jewish identity.What’s Next for the Left?: After a near wipeout, the leaders of Israel’s left-leaning parties say they need to change — but disagree on how.Worries Among Palestinians: To some Palestinians, the rise of Israel’s far right can scarcely make things worse. But many fear a surge of violence.The first deal that Mr. Netanyahu reached, with Itamar Ben-Gvir of the ultranationalist Jewish Power party, would make Mr. Ben-Gvir minister of national security with oversight over the police and with the newly expanded authority to control additional forces, including the Border Police unit that operates in the occupied West Bank.Itamar Ben-Gvir, the leader of the ultranationalist Jewish Power party, would have oversight over the police under the deal to make him minister of national security.Avishag Shaar-Yashuv for The New York TimesThat led the departing defense minister, Benny Gantz, a centrist and a former army chief, to declare that the expanded powers “stemmed, in the best case, from a lack of understanding” of national security and “in the worst case, from a desire to establish a private militia for Ben-Gvir.”Bezalel Smotrich, the leader of the Religious Zionism party, which ultimately seeks to annex the West Bank, has been promised control over the Defense Ministry agencies dealing with the construction of Jewish settlements and Palestinian and Israeli civilian life in the occupied territories. That would mean a division of powers with the future defense minister, which a former military spokesman, Ronen Manelis, said would lead to “chaos.”Professor Hazan said that the coalition promises should be treated for now as “conjecture,” and that it would not be unusual for there to be a gap between the written agreements and what happens in reality as the negotiations over the coalition makeup continue.Mr. Netanyahu has dismissed his critics as fear-mongers who do not accept the outcome of the election.Defending his actions, he wrote on Facebook on Friday: “I was elected to lead the state of Israel and I intend to do so on your behalf and in the spirit of the national and democratic principles on which I was raised in my father’s home and that have guided me my whole life.”Bezalel Smotrich, center, the leader of the Religious Zionism party, has been promised control over the Defense Ministry agencies dealing with the construction of Jewish settlements and Palestinian and Israeli civilian life in the occupied territories.Avishag Shaar-Yashuv for The New York TimesIn another post on Monday, he wrote, “Over 20 years, I have responsibly led the state of Israel forward in all spheres, and I will also do so this time.”But Professor Hazan said that Mr. Netanyahu would be constrained by the fact that it will be difficult to rein in his far-right and religious allies by threatening to seek alternative coalition partners because other Israeli parties have refused to be part of a government with a prime minister under indictment.Mr. Netanyahu still has until Sunday to form a government, and he can request a 14-day extension. Laws must be changed to accommodate the shifting of responsibilities between ministries he has proposed. More thorny issues on the agenda include measures to curb the power of the Supreme Court and a new military draft law that will satisfy the ultra-Orthodox parties’ demands for broad exemption from service for Torah students.But Mr. Netanyahu’s future coalition partners have already been stirring up problems for him. Mr. Ben-Gvir publicly sided with soldiers who had been disciplined for physically and verbally abusing left-wing activists who were visiting the volatile West Bank city of Hebron, leading to a high-decibel dispute between senior officers, the departing government and the incoming one over the politicization of the army.Marching in the Pride parade in Jerusalem in June. Avi Maoz, the leader of the Noam party, has said he would cancel the event.Ariel Schalit/Associated PressMr. Maoz, who is expected to head an authority for national Jewish identity as a deputy minister in the prime minister’s office, and who opposes women serving in the army, told a small, religious publication last week that he intended to work to cancel the annual gay pride parade in Jerusalem, which he described as “an obscene abomination,” forcing Mr. Netanyahu to reiterate his commitment to protect gay rights.The largest outcry, however, has been over the plan to give Mr. Maoz the authority to approve or expunge external content programs from the list currently offered to Israeli schools, even though his party, Noam, which ran on a joint slate with Religious Zionism and Mr. Ben-Gvir’s Jewish Power, later broke with them, and only has one seat in Parliament.Yair Lapid, the departing centrist prime minister, wrote a letter to the heads of local authorities telling them not to cooperate with Mr. Maoz’s unit and to exercise their right to decide what content enters their schools.Dozens of City Council heads, including some from Mr. Netanyahu’s own party, Likud, said they would pay for any school programs promoting pluralism that Mr. Maoz canceled.“No party has exclusivity over Judaism, just as no party has exclusivity over pluralism,” Tzvika Brot, the mayor of Bat Yam, a Likud stronghold, wrote on Twitter, adding that the city would continue to educate its children in the spirit of “pluralism and acceptance of the other.”Children returning from school in Tiberias, Israel, last year. There has been widespread outcry over plans to give Mr. Maoz the authority to approve or expunge external content programs from the list offered to Israeli schools.Laetitia Vancon for The New York TimesMr. Maoz responded with a televised statement on Monday, saying: “This is a campaign by the minority that lost the election against the majority of the people who spoke clearly at the ballot boxes. This campaign is nothing short of sedition.”Some of his opponents said the deal was a wake-up call for liberal Israelis.“It made people understand that you can’t be indifferent,” said Orly Erez Likhovski, the executive director of the Israel Religious Action Center, a rights group of the Israel Movement for Reform and Progressive Judaism, which runs school programs promoting pluralism.“It even woke up mayors on the right who believe in liberal values,” she said. “It drew a line between the liberals and the zealots.” More

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    In New Law, Indonesia Criminalizes Sex Outside of Marriage

    Parliament also approved a law that criminalizes criticism of the government, delivering a blow to the country’s progressive reputation.Indonesia has long been known as a widely tolerant nation at the forefront of establishing democratic reforms throughout Southeast Asia. That progressive reputation took a hit on Tuesday when Parliament cleared a sweeping overhaul of the country’s criminal code.According to the new rules, sex outside of marriage is now illegal in Indonesia, as is defamation of the president. The overhaul also sharply expanded laws against blasphemy in the world’s largest Muslim-majority country. Opponents said the rules posed significant risks to religious minorities by outlawing extramarital sex and tacitly targeting critics of Islam. Extramarital sex criminalization also targets the L.G.B.T. community, as gay marriage is illegal in Indonesia. The new laws could also curtail freedom of expression and assembly.The new laws are almost certain to revive a debate around democratic backsliding in the nation of 276 million. After the fall of the Indonesian dictator Suharto in 1998, the country had prided itself as a thriving democracy. Most Indonesians held fairly relaxed views about homosexuality, which was never officially banned.But in recent years, conservative Islam has gained ground in the country, and now some fear its influence is growing, even as its ranks remain a minority in Parliament. In the lead-up to the next presidential election in 2024, few officials appear willing to upset the religious right, which helped paved the way for Tuesday’s overhaul of the criminal code.“It is a very significant encroachment on rights and liberties in Indonesia,” said Tim Lindsey, director of the Center for Indonesian Law, Islam and Society at the University of Melbourne. Critics warned that the new rules, which also apply to foreigners, will make Indonesia less appealing to investors, tourists and students.Muhamad Isnur, chairman of the Indonesian Legal Aid Foundation, said the laws run “contrary to international human rights norms. We are in a new paradigm,” he said.The bill was approved unanimously in Parliament on Tuesday. The government has tried for decades to overhaul the law but has never succeeded. In 2019, it tried to pass a similar draft law, but President Joko Widodo shelved it after tens of thousands of young people protested in the streets, arguing that the law threatened their civil liberties. This time, activists said they were blindsided when lawmakers suddenly announced on Nov. 30 that they were handing a draft to Parliament to ratify, giving the activists very little time to organize demonstrations.Indonesia officials said they had engaged in monthslong conversations with several human rights groups before submitting the new draft. The lawmakers said they added revisions based on feedback, such as stating that blasphemy does not only apply to religion but all belief systems. Edward Omar Sharif Hiariej, Indonesia’s deputy minister of law and human rights, said that the government tried to accommodate as many parties as possible, but acknowledged that the overhaul “won’t satisfy everyone.”“If there are citizens who feel that their constitutional rights have been violated, the door of the constitutional court is wide open for that,” Mr. Edward told reporters last month. The laws, which are set to take effect after three years, will likely be challenged in the country’s Constitutional Court. On Tuesday, there were calls for protests outside Parliament. (The new rules state that people who demonstrate without a permit can also be penalized.)Officials say upgrading the existing criminal code, which dates back to 1918 when Indonesia was a Dutch colony, was long overdue. Among the raft of new laws, penalties around consensual sex outside marriage have drawn the most criticism. According to the revisions, unmarried couples who live together could be jailed for six months or face a maximum fine of 10 million rupiah ($710)..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}What we consider before using anonymous sources. Do the sources know the information? What’s their motivation for telling us? Have they proved reliable in the past? Can we corroborate the information? Even with these questions satisfied, The Times uses anonymous sources as a last resort. The reporter and at least one editor know the identity of the source.Learn more about our process.Though the penalties apply to foreigners, the new law states that the police can only make an arrest after a report is filed by a close family member, such as a parent, spouse or child, making it extremely unlikely that foreigners would be prosecuted, Mr. Lindsey said. “But gay and lesbian Indonesians, who, of course, are couples and they can’t be married, they are completely exposed.”Police have previously arrested dozens of gay men for violating an anti-pornography law, but now, all gay couples who live together are subject to possible arrest.The push for the overhaul was backed by Vice President Ma’ruf Amin, an Islamic cleric and the former chair of the Indonesian Ulema Council, the country’s top body for Islamic scholars, according to two people who spoke on the condition of anonymity because they were not authorized to disclose the details of private conversations. Mr. Ma’ruf had previously called for “stern regulations” on the sexual activities of homosexuals.In a reversal, lawmakers on Tuesday reinstated a provision making it illegal to attack “the honor or dignity” of both Indonesia’s president and vice president, a rule that was struck down by the Constitutional Court in 2006. In recent years, however, tolerance for such criticism has waned. Last year, the authorities arrested an artist who created a mural criticizing Mr. Joko, and activists say they have been harassed and charged with defamation for speaking up on rights abuses.Mr. Joko — known as a moderate, secular leader — has spoken out repeatedly against intolerant views in his country. In an interview with The New York Times last month, he said Indonesia has a vibrant democracy with frequent peaceful protests outside the presidential palace. “Even today, everyone can criticize the president and the government,” Mr. Joko said, speaking before the Group of 20 summit in Bali last month. “I believe that Indonesia’s democracy is moving on the right track.”Andreas Harsono, a researcher for Human Rights Watch, said that the laws would give the police greater opportunities to extort bribes, and lead to more corruption. Politicians would also have more excuses to target political opponents, he added. “The danger of oppressive laws is not that they will be broadly applied — no, they won’t be — it is that they provide an avenue for selective enforcement,” Mr. Harsono said.The new penal code expands the country’s blasphemy law from one to six provisions, stating for the first time that apostasy — anyone who “persuades someone to be a nonbeliever” — can be charged as a criminal offense.Religious minorities are most at risk of running afoul of this law. Roughly 87 percent of Indonesians are Muslim, while the rest are Christian, Catholic, Hindu and Buddhist. According to Mr. Harsono, the use of the blasphemy law has been most commonly used against people who have criticized Islam.In 2017, former Jakarta governor Basuki Tjahaja Purnama, a Christian and an ally of Mr. Joko, was sentenced to two years in prison on blasphemy charges after he was accused of insulting Islam by jokingly referring to a verse in the Quran in a campaign speech.Willy Aditya, a lawmaker from the left-leaning NasDem party, rejected claims that Indonesia was “turning into an Islamic country” but said that the new law was written based on emotion, not research. The law shows that the officials have failed to distinguish the difference between public and private affairs, he said, “which is the most elementary thing in democracy.”Muktita Suhartono More

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    The Last Senate Seat

    Rachel Quester, Jessica Cheung and Mary Wilson and John Ketchum and Dan Powell, Marion Lozano and Listen and follow The DailyApple Podcasts | Spotify | Stitcher | Amazon MusicGeorgia voters are heading to the polls for the final battle of the 2022 midterms — the runoff election between Senator Raphael Warnock, a Democrat, and his Republican opponent, Herschel Walker.Both parties have their own challenges: Republicans have a candidate quality issue in Mr. Walker, and Democrats are concerned about the turnout of their voter coalition. One side, though, already seems resigned to losing.On today’s episodeMaya King, a politics reporter covering the South for The New York Times.Voters in Georgia last month during the early voting period for the runoff election.Nicole Craine for The New York TimesBackground readingOn the eve of Georgia’s Senate runoff, Mr. Warnock warned his supporters about being overconfident, and Mr. Walker urged Republicans to flood the polls.The runoff will answer a big question — what’s more powerful: a candidate’s skills and experience, or the tug of political partisanship?There are a lot of ways to listen to The Daily. Here’s how.We aim to make transcripts available the next workday after an episode’s publication. You can find them at the top of the page.Maya King contributed reporting.The Daily is made by Lisa Tobin, Rachel Quester, Lynsea Garrison, Clare Toeniskoetter, Paige Cowett, Michael Simon Johnson, Brad Fisher, Chris Wood, Jessica Cheung, Stella Tan, Alexandra Leigh Young, Lisa Chow, Eric Krupke, Marc Georges, Luke Vander Ploeg, M.J. Davis Lin, Dan Powell, Dave Shaw, Sydney Harper, Robert Jimison, Mike Benoist, Liz O. Baylen, Asthaa Chaturvedi, Rachelle Bonja, Diana Nguyen, Marion Lozano, Corey Schreppel, Anita Badejo, Rob Szypko, Elisheba Ittoop, Chelsea Daniel, Mooj Zadie, Patricia Willens, Rowan Niemisto, Jody Becker, Rikki Novetsky, John Ketchum, Nina Feldman, Will Reid, Carlos Prieto, Sofia Milan, Ben Calhoun and Susan Lee.Our theme music is by Jim Brunberg and Ben Landsverk of Wonderly. Special thanks to Sam Dolnick, Paula Szuchman, Lisa Tobin, Larissa Anderson, Cliff Levy, Lauren Jackson, Julia Simon, Mahima Chablani, Desiree Ibekwe, Wendy Dorr, Elizabeth Davis-Moorer, Jeffrey Miranda, Renan Borelli, Maddy Masiello and Nell Gallogly. More

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    Inside the Face-Off Between Russia and a Small Internet Access Firm

    The cat-and-mouse experience of Proton, a Swiss company, shows what it’s like to be targeted by Russian censors — and what it takes to fight back.After Moscow erected a digital barricade in March, blocking access to independent news sites and social media platforms to hide information about its unfolding invasion of Ukraine, many Russians looked for a workaround. One reliable route they found came from a small Swiss company based nearly 2,000 miles away.The company, Proton, provides free software that masks a person’s identity and location online. That gives a user in Russia access to the open web by making it appear that the person is logging in from the Netherlands, Japan or the United States. A couple of weeks after the internet blockade, about 850,000 people inside Russia used Proton each day, up from fewer than 25,000.That is, until the end of March, when the Russian government found a way to block Proton, too.Targeting Proton was the opening salvo of a continuing back-and-forth battle, pitting a team of about 25 engineers against a country embarking on one of the most aggressive censorship campaigns in recent memory.Working from a Geneva office where the company keeps its name off the building directory, Proton has spent nine pressure-packed months repeatedly tweaking its technology to avoid Russian blocks, only to be countered again by government censors in Moscow. Some employees took Proton off their social media profiles out of concern that they would be targeted personally.The high-stakes chess match mirrors what is playing out with growing frequency in countries facing coups, wars and authoritarian rule, where restricting the internet is a tool of repression. The blocks drive citizens to look for workarounds. Engineers at companies like Proton think up new ways for those people to secretly reach the open web. And governments, in turn, seek out new technical tricks to plug leaks.The digital censorship battle is reaching “an inflection point,” said Grant Baker, a research analyst for technology and democracy at Freedom House, which recently reported that internet censorship globally had reached a new high in 2022. While Russia has spent years working on a more closely controlled, sovereign internet, the controls imposed after the war are “a stark contrast” to anything Moscow had ever done before, Mr. Baker said.Companies rarely discuss being targeted by an authoritarian government out of fear of escalating the conflict. But Andy Yen, Proton’s founder and chief executive, said that after a period of trying to keep its “head down,” Proton wanted to raise awareness about the increasing sophistication of governments, in Russia and elsewhere, to block citizens from reaching the open web and the need for technologists, companies and governments to push back.Proton’s account provides a rare inside look at what it’s like to be entangled in Russia’s censorship net as President Vladimir V. Putin tries to suppress information about the war and mounting battlefield losses in Ukraine.Dozens of VPN services have been blocked inside Russia, but Proton, perhaps best known for its encrypted email service, seemed to receive extra attention from the authorities. In June, Russia’s internet regulator labeled the company a “threat.”“We’re gearing up for a long fight,” Mr. Yen said in an interview at the company’s office. “Everybody hopes this will have a happy ending, but it’s not guaranteed. We don’t see the light at the end of the tunnel, in fact, but you keep going because if we don’t do it, then maybe nobody else will.”The VPN team at Proton, whose virtual private network gives users a way around government internet restrictions.Aurélien Bergot for The New York TimesProton, which makes money by selling $10-a-month subscriptions for extra features, was founded in 2014 by a team of young engineers from the European Organization for Nuclear Research, known as CERN, the institute outside Geneva where the worldwide web was created. Their main project was working on the Large Hadron Collider, the world’s largest particle accelerator, a $5 billion instrument built to unlock some of the world’s biggest scientific mysteries.After the disclosures of mass digital surveillance that were made by Edward Snowden, the former U.S. intelligence contractor, Mr. Yen and a few colleagues created an email service that encrypts messages so they cannot be intercepted, simplifying use of a technology that had been too complicated for many people. It became popular with activists, journalists and privacy-conscious consumers.The State of the WarStriking Deep in Russia: In its most brazen attack into Russian territory, Ukraine used drones to strike two military bases hundreds of miles inside Russia, showing an ability to take the war beyond its borders.Weaponizing Winter: Russian attacks on Ukrainian infrastructure have left millions without power, heat or water as the snow begins to fall. The Daily looks at what life is like in Ukraine as winter sets in.Russian Oil Price Cap: The E.U. agreed on a $60-a-barrel limit for Russian oil, the latest effort by Western allies to try to deprive Moscow of revenue to finance its war in Ukraine. Here’s how it will work.Mr. Yen, who grew up in Taiwan, said the threat of Chinese aggression looming over the island’s democracy had shaped his worldview. Privacy and fighting censorship were core to Proton’s mission from the start, he said, and the company seemed to almost relish confronting authoritarianism.In 2017, after several governments, including Turkey and Russia, temporarily blocked access to the email service, Proton created its virtual private network, or VPN, a technology used to sidestep internet restrictions.The technology behind a VPN traces back to the 1990s. It is a relatively basic tool used most commonly by people trying to pirate movies or watch a sports broadcast available only in another country. Yet in recent years the systems, which are easy to use and often difficult to detect, have become a vital tool for circumventing internet restrictions.The Kremlin spent years building the legal foundation and technological abilities to control the internet more closely. Yet even as Russia blocked certain websites and interrupted access to Twitter last year, few thought it would outright block major social media platforms and independent news websites. While television has always been heavily censored, the internet had been less restricted.The crackdown in March interrupted communications and commerce for many otherwise apolitical Russians, said Natalia Krapiva, tech-legal counsel at Access Now, a group focused on online speech-related issues. VPN use was already high among tech-savvy Russians, she said, but the blocks and news of harsh punishment for online protest led even more casual internet users to seek ways around the restrictions.Demand for VPNs surged in Russia, with downloads in March jumping 2,692 percent from February, said Simon Migliano, head of research for the review site Top10VPN.com. Proton was a popular choice, he said, hovering among the 10 most popular products despite being slower than some other choices.Since then, VPNs have become a way of life for many. Roskomsvoboda, a Russian civil society group focused on internet freedom, estimates that a quarter of the Russian population is using one.“To simply read independent news or to post a picture, you had to open your VPN,” said Viktoriia Safonova, 25, who now delivers food by bike in Sweden after she fled Russia in July. Both she and her husband were racked by anxiety after the invasion. Finding independent news and information was difficult. Workarounds often weren’t reliable.“If the one you’re using gets blocked, you have to find another VPN,” Ms. Safonova said.She recalled the paranoia that set in as new internet restrictions and surveillance took effect. She and her husband, Artem Nesterenko, worried about whether they could criticize the war online, even on international social networks. He recalled how the police had come to check on their building after he scrawled “No to war” in the elevator. He feared being arrested for things he posted online.As people turned to VPN services to avoid the blocks, Proton struggled to keep up. Over a weekend in March, engineers scrambled to buy and configure more than 20 new servers to avert a crash of its entire network.At the same time in Moscow, censors were at work trying to patch holes in the government’s internet controls.The first block that took down Proton, at the end of March, was a technically basic interruption that company engineers quickly overcame, but they figured more powerful attempts loomed.The battle took on a “Spy vs. Spy” dynamic in Proton’s headquarters. Mr. Yen said a network of people within the government, telecommunications firms and civil society groups had helped Proton operate in Russia, providing access to local networks and sharing intelligence about how the censorship system worked. But those contacts began to go dark as the Kremlin’s crackdown on dissent intensified.At the start of June, censors struck again.The service, which had more than 1.4 million daily users inside Russia at this point, collapsed as employees were going about their day. Complaints from Russian users poured into Proton’s customer service email. The company concluded that the government had deployed more sophisticated software that could filter through all internet traffic to identify when a person was trying to connect to Proton’s VPN service. Russia had used similar technology to block Twitter and other social media sites.Around this time, the company noticed a suspicious spike in negative reviews of its service in the Apple and Google app stores, reducing its search ranking.“They had clearly studied us,” said Antonio Cesarano, a senior engineer working on the VPN project.Some at Proton questioned whether they should continue the fight with Russia. It was costing millions of dollars and slowing down development of other products. But after Proton faced criticism in 2021, when the French police obtained the IP address of a climate activist using its email service, backing down from Russia could have added another bruise to the company’s reputation.Over about two weeks in June, Proton created yet another workaround that bounced internet traffic to servers in different geographical areas faster than censors could track. It was a technically complex move that would take considerable resources for Russia to counter.The fix worked — for about six weeks.Mr. Yen was interrupted during a staff meeting in mid-July with news that Russian censors had come up with an even more elaborate block. A corporate chart from the time shows use dropping off a cliff. Russian engineers had identified what is known as an authentication “handshake,” the vital moment when Proton’s VPN connection gets established before reaching the wider web. Blocking the link made Proton’s service essentially unusable.“We had no idea what was happening and how they were doing it,” Mr. Cesarano said.By August, after working around the clock for days to find a fix, Proton acknowledged defeat and pulled its app from Russia. The company has spent the months since then developing a new architecture that makes its VPN service harder to identify because it looks more like a regular website to censorship software scanning a country’s internet traffic. Proton has been successfully testing the system in Iran, where Proton has seen a sharp increase in VPN use during recent political demonstrations.In Russia, Proton has reintroduced its apps using the new system. Mr. Yen acknowledged that it probably wasn’t a long-term fix. He has confidence in the new technology, but figures Russian engineers will eventually figure out a new way to push back, and the game will continue. More