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    Scalise Backs Ouster of Cheney from House G.O.P. Leadership

    Representative Liz Cheney, Republican of Wyoming, hit back at leaders of her own party on Wednesday, warning her colleagues that “history is watching” as they consider expelling her from their leadership ranks for continuing to reject Donald J. Trump’s election lies.Ms. Cheney’s broadside, published Wednesday afternoon as an opinion essay in The Washington Post, came as the top two House Republicans were working to oust and replace her with a Trump loyalist, and after the former president weighed in demanding Republicans dethrone her. At issue is Ms. Cheney’s insistence on repeatedly rebuking her party for its role in the Jan. 6 attack on the Capitol by a pro-Trump mob and for embracing Mr. Trump’s lie that he won the 2020 presidential election.In the column, Ms. Cheney warned that the Republican Party was at a “turning point,” and suggested that some Republicans were playing a dangerous game by continuing to support “the dangerous and anti-democratic Trump cult of personality.”“While embracing or ignoring Trump’s statements might seem attractive to some for fund-raising and political purposes, that approach will do profound long-term damage to our party and our country,” Ms. Cheney said. “Trump has never expressed remorse or regret for the attack of Jan. 6 and now suggests that our elections, and our legal and constitutional system, cannot be trusted to do the will of the people. This is immensely harmful.”Ms. Cheney also lashed out at Mr. McCarthy, noting that he initially agreed that Mr. Trump bore responsibility for the riot, only to walk the remarks back.“History is watching. Our children are watching,” Ms. Cheney concluded. “We must be brave enough to defend the basic principles that underpin and protect our freedom and our democratic process. I am committed to doing that, no matter what the short-term political consequences might be.”Ms. Cheney’s column effectively acted as a rejoinder to Representative Steve Scalise of Louisiana, the No. 2 Republican in the chamber, who on Wednesday morning became the highest-ranking party figure to openly call for Ms. Cheney’s ouster and the elevation of Representative Elise Stefanik of New York in her place as chairwoman of the House Republican Conference, the third-ranking position. Lawmakers said Mr. McCarthy was also working the phones behind the scenes, urging colleagues to support Ms. Stefanik, a close ally and rising Republican star.“House Republicans need to be solely focused on taking back the House in 2022 and fighting against Speaker Pelosi and President Biden’s radical socialist agenda,” said Lauren Fine, Mr. Scalise’s spokeswoman. “Elise Stefanik is strongly committed to doing that, which is why Whip Scalise has pledged to support her for conference chair.”Mr. Trump, who has seethed over Ms. Cheney’s criticism of him, piled on a short time later, deriding her as a “warmongering fool” and endorsing Ms. Stefanik, whom he called “a far superior choice.”“We want leaders who believe in the Make America Great Again movement, and prioritize the values of America First,” he wrote in a statement. “Elise is a tough and smart communicator!”Ms. Stefanik, who had been quietly building support among colleagues behind the scenes, wasted no time after Mr. Trump’s endorsement in declaring her intentions publicly. In a post on Twitter just minutes after his statement, she thanked him for his support and said Republicans were “unified and focused on FIRING PELOSI & WINNING in 2022!”It was a remarkable show of force by the party’s top leaders to run out a once-popular figure now deemed unacceptable by fellow Republicans because she has rejected Mr. Trump’s lies and refused to absolve him or the party of its role in perpetuating the false claims of a fraudulent election that fueled the Jan. 6 attack on the Capitol.The fate of Ms. Cheney, who survived a February bid to oust her after she voted to favor of impeaching Mr. Trump for his role in stirring up the riot, has once again become a bellwether for the direction of the Republican Party. It has implications for Republicans’ chances of wresting control of the House in 2022, and has become a test of whether loyalty to Trump and a tolerance for misinformation have overtaken conservatism as the party’s guiding orthodoxy.The turmoil could come to a head as early as next week, when House Republicans are expected to meet and could call a vote to replace Ms. Cheney. More

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    Why Democratic Departures From the House Have Republicans Salivating

    A growing number of Democrats in battleground districts are either retiring or leaving to seek higher office, imperiling the party’s control of the House and President Biden’s expansive agenda. WASHINGTON — With 18 months left before the midterms, a spate of Democratic departures from the House is threatening to erode the party’s slim majority in the House and imperil President Biden’s far-reaching policy agenda.In the past two months, five House Democrats from competitive districts have announced they won’t seek re-election next year. They include Representative Charlie Crist of Florida, who on Tuesday launched a campaign for governor, and Representative Tim Ryan of Ohio, who will run for the Senate seat being vacated by Rob Portman. Three other Democrats will leave vacant seats in districts likely to see significant change once they are redrawn using the data from the 2020 Census, and several more are weighing bids for higher office.An early trickle of retirements from House members in competitive districts is often the first sign of a coming political wave. In the 2018 cycle, 48 House Republicans didn’t seek re-election — and 14 of those vacancies were won by Democrats. Now Republicans are salivating over the prospect of reversing that dynamic and erasing the Democrats six-seat advantage.“The two biggest headaches of any cycle are redistricting and retirements and when you have both in one cycle it’s a migraine,” said former Representative Steve Israel of New York, who led the Democratic Congressional Campaign Committee in 2012 and 2014.Democrats face other vexing challenges as well: Republican legislators control redistricting in key states where they can draw boundaries in their favor. Reapportionment alone — with red states picking up additional seats — could provide Republicans the seats they need to control the House. And historic political trends almost always work against the president’s party in midterm elections.The prospect of losing the House majority adds a greater level of urgency for the Biden Administration and congressional Democrats eager to push through expansive policy proposals. It also raises questions about the staying power of Democrats, after an election in which they barely ousted an unpopular president while suffering a surprising number of downballot losses in races they expected to win. The results appeared to blunt the momentum the party generated in 2018 when it picked up 41 seats in the House. Democrats’ failure to qualify for the runoff in a Dallas-area special House election Saturday only added to the party’s anxiety. While Republicans were always heavy favorites to retain the seat, which became vacant when Representative Ron Wright died from the coronavirus, not placing a candidate among the top two finishers is likely to hurt recruiting efforts, Democratic officials said.This could be just the beginning of the Democratic departures: The high season for congressional retirements typically comes in early fall after members spend the August recess taking the political temperature of their districts. Further complicating the picture for Democrats is the Census Bureau’s months-long delay in completing the reapportionment process and delivering to states the final demographic and block-level population data. That has left the House committees in a state of suspended animation, unable in many instances to recruit candidates and devise electoral strategy. While each day brings announcements of new 2022 candidates, many are not being specific about which district they’re running in and dozens more are waiting until the fall, when they see the new boundaries, to decide whether they will formalize their campaigns.“It’s like going to war on a battlefield but you don’t know where you’re fighting, when you’re fighting or who you’re fighting,” Mr. Israel said.Representative Charlie Crist, Democrat of Florida, announced on Tuesday that he would run for governor.Chris O’Meara/Associated PressThe largest concentration of competitive and vacant House seats may be in Central Florida. In addition to Mr. Crist, who represents St. Petersburg, two other Democratic representatives, Stephanie Murphy of Winter Park and Val Demings of Orlando, are weighing runs for statewide office. All three now hold seats in districts President Biden carried handily last November, but with Republicans in control of Florida’s redistricting process, the state’s congressional map is likely to soon be much better for Republicans than it is now.Each of them would be exceedingly expensive for a new candidate to run in because of the high cost of media in Florida, further stretching the party’s resources in what is expected to be a difficult election cycle.“You have to assume that because Republicans get to control reapportionment, that it’s not going to get any easier,” said Adam Goodman, a Florida-based Republican media strategist, who predicted the G.O.P. would take two of the three seats now held by Mr. Crist, Ms. Demings and Ms. Murphy. “The Crist seat — it took a Charlie Crist type of person to hold that seat in ’20. The Democrats won’t have that person this time.” Nikki Fried, Florida’s agriculture commissioner who is weighing her own run for governor, echoed that assessment as she tweaked Mr. Crist at her own news conference that competed for attention with his campaign launch. “It’s a time when we need his voice and his vote up in Washington, D.C.,” Ms. Fried said. “His seat is one that only probably Charlie Crist can hold on to, so really would like to have encouraged him to stay in Congress.”Democratic strategists said it is hardly unusual for members of Congress to seek a promotion to statewide office. “A lot of us lived through 2009 and 2010 and we’re not seeing that level of rush to the exits that we did then,” said Ian Russell, a former D.C.C.C. official. “It’s not surprising that members of Congress look to run statewide, that has been happening since the founding of the republic and doesn’t indicate a bigger thing.” Representative Tim Ryan, Democrat of Ohio, will run for an open Senate seat next year.Sarah Silbiger/ReutersRepublicans, optimistic about being on offense for the first time since 2014, cited potential pickup opportunities in western Pennsylvania, where Representative Conor Lamb is weighing a run for the state’s open Senate contest; New Hampshire, where Representative Chris Pappas may run for governor rather than seek re-election to a district likely to become more Republican; and Iowa, where Representative Cindy Axne told the Storm Lake Times last month that her first two options for 2022 are running for Senate or governor. “House Democrats are sprinting to the exits because they know their chances of retaining the majority grow dimmer by the day,” said Representative Tom Emmer of Minnesota, the chairman of the National Republican Congressional Committee. Representative Ann Kirkpatrick of Arizona, who last year entered an alcohol rehabilitation program after falling on the Washington Metro, also chose not to seek re-election. Representative Cheri Bustos, whose district covering a swath of Central and Northwest Illinois swung to Donald J. Trump, announced her retirement last week. Last year Ms. Bustos led the House Democrats’ campaign arm through a disappointing cycle, when the party lost 13 seats after they expected to flip Republican-held districts. Along with Florida, Republicans are expected to draw themselves more favorable congressional districts in Georgia, where Democrats hold two competitive districts in Atlanta’s northern suburbs, and Texas, which will add two new seats for the 2022 elections. Mr. Ryan’s Democratic district in northeast Ohio is likely to disappear when Ohio Republicans draw a map with one fewer House seat, and Representative Filemon Vela of Texas, whose Rio Grande Valley district became eight percentage points more Republican from 2016 to 2020, chose retirement rather than compete in what was likely to be his first competitive re-election bid. “This is where Democratic underperformance in 2020 really begins to hinder Democrats downballot,” said Ken Spain, a veteran of the House Republicans’ campaign arm. “Republicans fared well at the state level last cycle and now they’re going to reap the benefits of many of those red states drawing a disproportionate number of the seats.” Because Republicans hold majorities in more state legislatures, and Democrats and voters in key states such as California, Colorado and Virginia have delegated mapmaking authority to nonpartisan commissions, the redistricting process alone could shift up to five or six seats to Republicans, potentially enough to seize the majority if they don’t flip any other Democratic-held seats. Democrats are expected to press their advantages where they can, particularly in Illinois and New York, states that lost one House district each in last week’s reapportionment. New York’s new map is certain to take a seat from Republicans in Upstate New York, and one Republican-held seat in Central Illinois may be redrawn to be Democratic while another is eliminated. For the moment there are more House Republicans, six, not seeking re-election, than the five House Democrats retiring or running for aiming for a promotion to statewide office. But of the Republicans, only Representatives Lee Zeldin and Tom Reed of New York represent districts that are plausibly competitive in 2022. With Democrats holding supermajority control of the New York State Legislature, Mr. Zeldin, who is running for governor, and Mr. Reed, who retired while apologizing for a past allegation of groping, could both see their districts drawn to become far more competitive for Democrats. Reid J. Epstein reported from Washington and Patricia Mazzei reported from Miami. More

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    Why Trump Still Has Millions of Americans in His Grip

    Beginning in the mid-1960s, the priorities of the Democratic Party began to shift away from white working and middle class voters — many of them socially conservative, Christian and religiously observant — to a set of emerging constituencies seeking rights and privileges previously reserved to white men: African-Americans, women’s rights activists, proponents of ethnic diversity, sexual freedom and self-expressive individualism.By the 1970s, many white Americans — who had taken their own centrality for granted — felt that they were being shouldered aside, left to face alone the brunt of the long process of deindustrialization: a cluster of adverse economic trends including the decline in manufacturing employment, the erosion of wages by foreign competition and the implosion of trade unionism.These voters became the shock troops of the Reagan Revolution; they now dominate Trump’s Republican Party.Liberal onlookers exploring the rise of right-wing populism accuse their adversaries of racism and sexism. There is plenty of truth to this view, but it’s not the whole story.In “The Bitter Heartland,” an essay in American Purpose, William Galston, a veteran of the Clinton White House and a senior fellow at Brookings, captures the forces at work in the lives of many of Trump’s most loyal backers:Resentment is one of the most powerful forces in human life. Unleashing it is like splitting the atom; it creates enormous energy, which can lead to more honest discussions and long-delayed redress of grievances. It can also undermine personal relationships — and political regimes. Because its destructive potential is so great, it must be faced.Recent decades, Galston continues, “have witnessed the growth of a potent new locus of right-wing resentment at the intersection of race, culture, class, and geography” — difficult for “those outside its orbit to understand.”They — “social conservatives and white Christians” — have what Galston calls a “bill of particulars” against political and cultural liberalism. I am going to quote from it at length because Galston’s rendering of this bill of particulars is on target.“They have a sense of displacement in a country they once dominated. Immigrants, minorities, non-Christians, even atheists have taken center stage, forcing them to the margins of American life.”“They believe we have a powerful desire for moral coercion. We tell them how to behave — and, worse, how to think. When they complain, we accuse them of racism and xenophobia. How, they ask, did standing up for the traditional family become racism? When did transgender bathrooms become a civil right?”“They believe we hold them in contempt.”“Finally, they think we are hypocrites. We claim to support free speech — until someone says something we don’t like. We claim to oppose violence — unless it serves a cause we approve of. We claim to defend the Constitution — except for the Second Amendment. We support tolerance, inclusion, and social justice — except for people like them.”Galston has grasped a genuine phenomenon. But white men are not the only victims of deindustrialization. We are now entering upon an era in which vast swaths of the population are potentially vulnerable to the threat — or promise — of a Fourth Industrial Revolution.This revolution is driven by unprecedented levels of technological innovation as artificial intelligence joins forces with automation and takes aim not only at employment in what remains of the nation’s manufacturing heartland, but increasingly at the white collar, managerial and professional occupational structure.Daron Acemoglu, an economist at M.I.T., described in an email the most likely trends as companies increasingly adopt A.I. technologies.A.I. is in its infancy. It can be used for many things, some of them very complementary to humans. But right now it is going more and more in the direction of displacing humans, like a classic automation technology. Put differently, the current business model of leading tech companies is pushing A.I. in a predominantly automation direction.As a result, Acemoglu continued, “we are at a tipping point, and we are likely to see much more of the same types of disruptions we have seen over the last decades.”In an essay published in Boston Review last month, Acemoglu looked at the issue over a longer period. Initially, in the first four decades after World War II, advances in automation complemented labor, expanding the job market and improving productivity.But, he continued, “a very different technological tableau began in the 1980s — a lot more automation and a lot less of everything else.” In the process, “automation acted as the handmaiden of inequality.”Automation has pushed the job market in two opposing directions. Trends can be adverse for those (of all races and ethnicities) without higher education, but trends can also be positive for those with more education:New technologies primarily automated the more routine tasks in clerical occupations and on factory floors. This meant the demand and wages of workers specializing in blue-collar jobs and some clerical functions declined. Meanwhile professionals in managerial, engineering, finance, consulting, and design occupations flourished — both because they were essential to the success of new technologies and because they benefited from the automation of tasks that complemented their own work. As automation gathered pace, wage gaps between the top and the bottom of the income distribution magnified.Technological advancement has been one of the key factors in the growth of inequality based levels of educational attainment, as the accompanying graphic shows:Falling BehindThe change in weekly earnings among working age adults since 1963. Those with more education are climbing ever higher, while those with less education — especially men — are falling further behind. More

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    Constitutional Challenges Loom Over Proposed Voting Bill

    The sprawling legislation, known as H.R. 1, could result in lawsuits leading to a dozen Supreme Court cases, legal experts said.WASHINGTON — If the sweeping voting rights bill that the House passed in March overcomes substantial hurdles in the Senate to become law, it would reshape American elections and represent a triumph for Democrats eager to combat the wave of election restrictions moving through Republican-controlled state legislatures.But passage of the bill, known as H.R. 1, would end a legislative fight and start a legal war that could dwarf the court challenges aimed at the Affordable Care Act over the past decade.“I have no doubt that if H.R. 1 passes, we’re going to have a dozen major Supreme Court cases on different pieces of it,” said Nicholas Stephanopoulos, a law professor at Harvard.The potential for the bill to set off a sprawling constitutional battle is largely a function of its ambitions. It would end felon disenfranchisement, require independent commissions to draw congressional districts, establish public financing for congressional candidates, order presidential candidates to disclose their tax returns, address dark money in political advertising and restructure the Federal Election Commission.The bill’s opponents say that it is, in the words of an editorial in The National Review, “a frontal assault on the Constitution” and “the most comprehensively unconstitutional bill in modern American history.”More measured critics take issue with specific provisions even as they acknowledge that the very nature of the bill — a grab bag of largely unrelated measures — would make it difficult to attack in a systematic way. In that respect, the anticipated challenges differ from those aimed at the Affordable Care Act, some of which sought to destroy the entire law.John O. McGinnis, a law professor at Northwestern University, said the bill went too far, partly because it was first proposed as an aspirational document rather than a practical one in 2019, when Republicans controlled the Senate and it had no hope of becoming law.“It seems very willing to brush past, at least in some cases, some relatively clear constitutional provisions,” he said, citing parts of the bill that require presidential candidates to disclose their tax returns and force advocacy groups to disclose their contributors.In March, 20 Republican state attorneys general said they were ready to litigate. “Should the act become law,” they wrote in a letter to congressional leaders, “we will seek legal remedies to protect the Constitution, the sovereignty of all states, our elections and the rights of our citizens.”Representative John Sarbanes, Democrat of Maryland and one of the lead authors of the package, said drafters had written it with a fusillade of Republican legal challenges in mind and were confident that it would “survive the great majority of them” in the Supreme Court.“I’m extremely comfortable that we built this to last,” Mr. Sarbanes said. “We think that the components are ones that are well girded against constitutional challenge — even by a court that we can imagine will probably start from a place of favorability to some of these challenges.”Democrats have made the bill a top legislative priority. But with Republicans united in opposition in the Senate, its path forward is rocky.Before a key committee vote this month, proponents of the overhaul are expected to introduce a slew of technical changes meant to address concerns raised by state elections administrators. But pushing it through the full chamber and to President Biden’s desk would require all 50 Senate Democrats to agree to suspend the filibuster rule and pass it on a simple party-line vote, a maneuver that at least two Democrats have so far rejected.Speaker Nancy Pelosi spoke at a news conference promoting H.R. 1 in March. Democrats have made the bill a top legislative priority.Anna Moneymaker for The New York TimesSome scholars have urged congressional Democrats to concentrate their efforts on narrower legislation, notably the John Lewis Voting Rights Advancement Act, which seeks to restore a key provision of the Voting Rights Act that the Supreme Court effectively eliminated by a 5-to-4 vote in 2013 in Shelby County v. Holder.The provision, the law’s Section 5, required states with a history of discrimination to obtain federal approval before changing voting procedures. In the Shelby County decision, the court ruled that the formula for deciding which states were covered violated the Constitution because it was based on outdated data.“Congress — if it is to divide the states — must identify those jurisdictions to be singled out on a basis that makes sense in light of current conditions,” Chief Justice John G. Roberts Jr. wrote for the majority.The John Lewis Voting Rights Advancement Act, named for the civil rights leader who served in the House for more than three decades until his death last year, responds to that invitation by updating the coverage formula. Whether the Supreme Court — which has become more conservative since 2013 — would uphold the new formula and allow Section 5 to be restored is an open question, but the Shelby County decision at least allows Congress to try.Similarly, the court’s precedents suggest that not all of the anticipated challenges to the much broader H.R. 1 would succeed.As a general matter, few doubt that Congress has broad authority to regulate congressional elections because of the elections clause of the Constitution.To be sure, the clause specifies that “the times, places and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof.”The clause’s next phrase, though, allows federal lawmakers to override most of the power granted to state legislatures: “But the Congress may at any time by law make or alter such regulations, except as to the places of choosing senators.”The elections clause, supplemented by other constitutional provisions, Professor Stephanopoulos wrote in an article to be published in the journal Constitutional Commentary, means that “even the bill’s most controversial elements lie within Congress’s electoral authority, and Congress could actually reach considerably further, if it were so inclined.”But he acknowledged that there was controversy over the sweep of the provision. In a majority opinion in 2013, Justice Antonin Scalia wrote in an aside that the clause “empowers Congress to regulate how federal elections are held, but not who may vote in them.” That statement was in tension with the controlling opinion in a 1970 decision that allowed Congress to lower the minimum voting age in congressional elections to 18 from 21.The Supreme Court justices last month. The court has become more conservative since 2013, when it effectively eliminated a key provision of the Voting Rights Act.Erin Schaff/The New York TimesIf the statement from Justice Scalia is followed, it would raise questions about language in H.R. 1 that seeks to restore voting rights to people with felony convictions who have completed their sentences in states that would otherwise disenfranchise them.Several scholars said the provision might be vulnerable to a legal challenge. “That’s probably the most obvious red flag,” said Franita Tolson, a law professor at the University of Southern California.The Constitution grants Congress considerably less authority over presidential elections than congressional ones, allowing it to set only the timing. But some Supreme Court opinions have said the two kinds of authority are comparable.The bill’s requirement that states create independent commissions to draw congressional districts could also lead to litigation. Such commissions were upheld by a 5-to-4 vote in 2015 in Arizona State Legislature v. Arizona Independent Redistricting Commission.Justice Ruth Bader Ginsburg, writing for the majority, said Arizona voters were entitled “to address the problem of partisan gerrymandering — the drawing of legislative district lines to subordinate adherents of one political party and entrench a rival party in power.”With changes in the makeup of the Supreme Court since then, the Arizona precedent might be vulnerable, said Travis Crum, a law professor at Washington University in St. Louis.“In litigation over the 2020 election, several justices — including Justice Brett Kavanaugh — questioned the validity of that precedent,” Professor Crum said. “Given the possibility that the court might overturn that decision in the near future, it is even more imperative that Congress step in and mandate the use of independent redistricting commissions for congressional districts.”In dissent in the Arizona case, Chief Justice Roberts wrote that the Constitution specified that only state legislatures had the power to draw congressional maps. Four years later, though, writing for the majority in rejecting a role for federal courts in addressing partisan gerrymandering, he wrote about independent commissions created by ballot measures with seeming approval and said Congress also had a role to play, citing an earlier version of H.R. 1.Representative John Lewis of Georgia outside the Supreme Court in 2013. A voting bill named for him seeks to restore enforcement of Section 5 of the Voting Rights Act, after the court effectively eliminated it.Chip Somodevilla/Getty ImagesThe provision in H.R. 1 establishing a public financing system appears to be consistent with current Supreme Court precedentsIn 2011, by a 5-to-4 vote, the court struck down a different Arizona law, which provided escalating matching funds to participating candidates based on their opponents’ spending. But Chief Justice Roberts, writing for the majority in the case, Arizona Free Enterprise Club v. Bennett, indicated that more routine public financing systems remained a valid constitutional option.“We do not today call into question the wisdom of public financing as a means of funding political candidacy,” Chief Justice Roberts wrote. “That is not our business.”Some of the disclosure requirements in H.R. 1 have drawn objections from across the ideological spectrum. The American Civil Liberties Union has said that it supports disclosures tied to “express advocacy” of a candidate’s election or defeat. The bill goes further, though, requiring disclosures in connection with policy debates that refer to candidates.That measure, two A.C.L.U. lawyers wrote in The Washington Post in March, “could directly interfere with the ability of many to engage in political speech about causes that they care about and that impact their lives by imposing new and onerous disclosure requirements on nonprofits committed to advancing those causes.”“When a group is advocating policy changes outside the mainstream,” they continued, “they need privacy protections to be able to speak freely and without fear of reprisal.”The Citizens United decision in 2010 upheld the disclosure requirements before it by an 8-to-1 vote, but a pending Supreme Court case, American for Prosperity v. Bonta, might alter the constitutional calculus.Professor McGinnis said he also questioned a provision in the bill that required leaders of organizations to say they stood by the messages in political advertisements. “This seems to me to be eating up airtime without any real justification and subjecting people to harassment,” he said.He also took issue with the bill’s requirement that presidential candidates disclose their tax returns, saying Congress cannot add qualifications to who can run for president beyond those set out in the Constitution: that candidates be natural-born citizens, residents for 14 years and at least 35 years old.A 1995 Supreme Court decision rejecting an attempt by Arkansas to impose term limits on its congressional representatives appears to support the view that lawmakers cannot alter the constitutional requirements.Even if every one of the objections to the bill discussed in this article were to prevail in court, most of the law would survive. “Part of why the attack on H.R. 1 is unlikely to be successful in the end is that the law is not a single coherent structure the way Obamacare was,” Professor Stephanopoulos said. “It’s a hundred different proposals, all packaged together.”“The Roberts court would dislike on policy grounds almost the entire law,” he added. “But I think even this court would end up upholding most — big, big swaths — of the law. It would still leave the most important election bill in American history intact even after the court took its pound of flesh.”Nicholas Fandos More

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    House Republicans Have Had Enough of Liz Cheney’s Truth-Telling

    G.O.P. House members are plotting a fresh bid to dethrone Ms. Cheney from her leadership post. Her transgression: continued repudiation of Donald J. Trump and his false election claims.WASHINGTON — The first time defenders of Donald J. Trump came for Representative Liz Cheney, for the offense of having voted to impeach him, fellow Republicans closed ranks to save her leadership post, with Representative Kevin McCarthy boasting that their “big tent” party had enough room for both the former president and a stalwart critic.Evidently, not anymore.Just three months after she beat back a no-confidence vote by lopsided margins, Ms. Cheney of Wyoming, the No. 3 House Republican, is facing a far more potent challenge that appears increasingly likely to end in her ouster from leadership. This time, Mr. McCarthy, the minority leader, is encouraging the effort to replace her.Her transgression, colleagues say: Ms. Cheney’s continued public criticism of Mr. Trump, her denunciation of his lies about a stolen election and her demands that the G.O.P. tell the truth about how his supporters assaulted democracy during the Jan. 6 riot at the Capitol.The turnabout reflects anew the passion with which Republicans have embraced Mr. Trump and the voters who revere him, and how willing many in the party are to perpetuate — or at least tolerate — falsehoods about the 2020 election that he has continued to spread.What began as a battle over the party’s future after the violent end to the Trump presidency has collapsed into a one-sided pile-on by Team Trump, with critics like Ms. Cheney, the scion of a storied Republican family and the lone woman in her party’s House leadership, ostracized or moving toward the exits.The latest test for Ms. Cheney could come as soon as next week, when a growing group of Republicans is planning a fresh bid to dethrone her, with Mr. McCarthy’s blessing. Many of her colleagues are now so confident that it will succeed that they are openly discussing who will replace Ms. Cheney.The tensions escalated on Tuesday, when Mr. McCarthy went on Mr. Trump’s favorite news program, “Fox & Friends,” to question whether Ms. Cheney could effectively carry out her role as the party’s top messenger. (Beforehand, he told a Fox reporter, “I’ve had it with her,” and “I’ve lost confidence,” according to a leaked recording of the exchange published by Axios.)“I have heard from members concerned about her ability to carry out the job as conference chair, to carry out the message,” Mr. McCarthy said during the portion of the interview that aired. “We all need to be working as one, if we’re able to win the majority.”With onetime allies closing in, Ms. Cheney, known for her steely temperament, has only dug in harder. Minutes after Mr. McCarthy’s TV hit, she sent her barbed reply through a spokesman, effectively suggesting that the minority leader and Republicans moving against her were complicit in Mr. Trump’s dissembling.“This is about whether the Republican Party is going to perpetuate lies about the 2020 election and attempt to whitewash what happened on Jan. 6,” said Jeremy Adler, the spokesman. “Liz will not do that. That is the issue.”One of the few Republican voices willing to rise to Ms. Cheney’s defense was Senator Mitt Romney of Utah, who has himself come under attack from his party for his unrepentant criticism of Mr. Trump — even getting booed at the Utah Republican Party convention on Saturday.“Every person of conscience draws a line beyond which they will not go: Liz Cheney refuses to lie,” Mr. Romney wrote on Twitter. “As one of my Republican Senate colleagues said to me following my impeachment vote: ‘I wouldn’t want to be a member of a group that punished someone for following their conscience.’”Many House Republicans insist they have no problem with Ms. Cheney’s vote to impeach Mr. Trump, which she described as a vote of conscience. Nor, they say, are they bothered by her neoconservative policy positions, which skew — like those of her father, former Vice President Dick Cheney — toward a hawkishness that is at odds with the “America First” slant of the party that Mr. Trump cemented.But they fear that Ms. Cheney’s refusal to stop criticizing Mr. Trump or condemning the events of Jan. 6 could weaken the party’s message going into the 2022 midterm elections, when they hope to portray Democrats as big-government socialists so villainous they should be voted out of the majority. It has also infuriated Mr. Trump.Many, including Mr. McCarthy, had hoped that after surviving the February vote of no confidence, Ms. Cheney, as an elected leader, would make like the rest of the party and simply move on.Instead, she has doubled down and at times turned her fire on colleagues. The final straw for many came last week in Orlando, where Republicans gathered for their annual policy retreat in hopes of putting on a show of unity.Ms. Cheney told Punchbowl News that she would campaign in Wyoming — where she faces a primary challenge — defending her impeachment vote “every day of the week.” She told reporters that any lawmaker who led the bid to invalidate President Biden’s electoral victory in Congress should be disqualified from running for president. And she broke with leading Republicans when she said a proposed independent commission to investigate the Jan. 6 riot should focus on the attack on the Capitol by a pro-Trump mob, rather than scrutinizing violence by antifa and Black Lives Matter, as Mr. McCarthy and other Republicans have demanded.Representative Kevin McCarthy has questioned whether Ms. Cheney can effectively carry out her role as the party’s top messenger.Anna Moneymaker for The New York TimesA few days later, she drew attacks from the right for fist-bumping Mr. Biden at his speech before a joint session of Congress, and took to Twitter to defend herself for greeting the president “in a civil, respectful & dignified way.”“We’re not sworn enemies,” she wrote. “We’re Americans.”On Monday, after Mr. Trump issued a statement calling the 2020 election “fraudulent” and “THE BIG LIE,” Ms. Cheney quickly tweeted her rebuttal, writing that anyone who made such claims was “poisoning our democratic system.”Some Republicans privately likened her performance to picking at a scab, and many of Mr. Trump’s allies saw it as an opening to try again to depose her.“Liz has attempted (is FAILING badly) to divide our party,” Representative Lance Gooden, Republican of Texas, wrote on Twitter on Tuesday, emulating Mr. Trump’s caustic Twitter style. “Trump is still the LEADER of the GOP, Liz! I look forward to her being removed SOON!”Ms. Cheney’s troubles chart a rapid shift for the Republican Party in the few months since Mr. Trump left Washington. Early on, she was part of a small but influential group of Republicans that included Senator Mitch McConnell of Kentucky, the minority leader, and condemned Mr. Trump’s role in stoking the riot with false claims of a stolen election. But many of those lawmakers have since gone quiet, leaving Ms. Cheney, who once was enthusiastically spoken of as a future speaker or president, isolated.Ms. Cheney declined through a spokesman to comment, and several of her allies in the House would not speak on the record in her defense, underscoring the fraught nature of the vote and the pessimism some of them feel about her chances of surviving another challenge. A spokeswoman for Representative Adam Kinzinger of Illinois, another Republican who voted to impeach Mr. Trump and has been a leading critic of the former president, said in a statement that the congressman “unequivocally supports Liz Cheney for conference chair.”Those who know her best say privately that Ms. Cheney’s predicament reflects both her principles and her personality, including a stubborn streak that sometimes prompts her to act against her self-interest. One ally who has been exasperated by her in recent months described her actions as classic Liz Cheney: She will always do what she thinks is right, the Republican said on Tuesday, but she will just never stop to think she’s wrong.With Ms. Cheney hemorrhaging support, Republicans have already begun cycling through names of possible replacements for a post traditionally seen as a steppingstone to the top party positions. Mindful of the optics of replacing the only woman in leadership with another man, Republicans are eyeing choosing a woman.The leading contender appears to be Representative Elise Stefanik of New York, a rising star in her fourth term who has long toiled to increase the number of women in the Republican ranks and has more recently become a fierce defender of Mr. Trump.Ms. Stefanik, 36, has begun reaching out to Republican lawmakers to gauge their support, according to two people familiar with the private conversations, and by Tuesday evening, one of her political aides was retweeting speculation that she would “make an outstanding conference chair.”Representative Guy Reschenthaler of Pennsylvania, a member of the Republican leadership who initially whipped votes for Ms. Cheney, said that he was counting potential votes for Ms. Stefanik and believed the job would be hers if she ran. Republicans have also floated Representative Jackie Walorski of Indiana as a possible alternative. As the top Republican on the Ethics Committee, Ms. Walorski this year successfully balanced the job of condemning Representative Marjorie Taylor Greene’s past conspiratorial statements while arguing she should not be kicked off her committees. More

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    Trump’s Big Lie Devoured the G.O.P. and Now Eyes Our Democracy

    President Biden’s early success in getting Americans vaccinated, pushing out stimulus checks and generally calming the surface of American life has been a blessing for the country. But it’s also lulled many into thinking that Donald Trump’s Big Lie that the election was stolen, which propelled the Capitol insurrection on Jan. 6, would surely fade […] More

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    Crist Enters Race to Face DeSantis, With More Democrats Likely to Follow

    Charlie Crist has an extensive political history in Florida and is widely known throughout the state. But his candidacy is not likely to deter other Democrats like Val Demings and Nikki Fried.MIAMI — Representative Charlie Crist, Democrat of Florida, entered the race for governor on Tuesday, becoming the first challenger to Ron DeSantis, a Republican who raised his profile by shunning lockdowns during the pandemic and is now a leading contender for his party’s presidential nomination in 2024.“Every step of the way, this governor has been more focused on his personal political fortune than the struggle of everyday Floridians,” Mr. Crist said under the blazing sun in St. Petersburg as he made his announcement. “That’s just not right. Just like our former president, he always takes credit but never takes responsibility.”His candidacy signaled the start of a long, expensive and most likely bruising campaign in a battleground state that has been swinging away from Democrats since 2016. Florida’s exceptionally tight governor’s races have been decided by around one percentage point since 2010, always in Republicans’ favor. The last Democrat to win election to the governor’s mansion was Lawton Chiles, who won a second term in 1994.Mr. Crist’s advisers see him as the Democrat with the most experience running statewide and appealing to a coalition of liberal and moderate voters in the way that President Biden did nationally — though not in Florida, which former President Donald J. Trump won by three percentage points.Mr. Crist has an extensive political history in Florida and is widely known throughout the state. He served as governor as a Republican from 2007 to 2011 before running unsuccessfully for the U.S. Senate as an independent, losing to Marco Rubio. After switching parties, he later lost a Democratic bid for governor in 2014 against the Republican incumbent, Rick Scott.The arc of his political evolution was evident in the video he used on Tuesday to announce his candidacy. It featured footage of the hug with former President Barack Obama that led to Mr. Crist’s departure from the Republican Party 11 years ago.But Mr. Crist’s experience is unlikely to deter other Democratic candidates from joining the race. His clout has been diminished by years of electoral failures and by a party that is increasingly open to a wider range of more diverse public figures to be its standard bearers. Two women, Agriculture Commissioner Nikki Fried and Representative Val Demings of Orlando, are considering their own runs for the governor’s mansion as Democrats.Ms. Fried scheduled a news conference in the State Capitol for the same time as Mr. Crist’s announcement. “As the only statewide elected Democrat, it makes absolute sense for me to be running for governor,” she said, but she added that she was not making an announcement at that time.Ms. Demings released a video on Tuesday that, while not declaring a candidacy, highlighted her career as Orlando police chief, impeachment manager in Congress and a shortlisted vice-presidential pick for Mr. Biden.Similar jockeying — though not quite as intense — is underway among Democrats looking to go up against Mr. Rubio, who also faces re-election next year.Asked about Mr. Crist’s announcement on Tuesday, Mr. DeSantis mocked Mr. Crist’s party-switching. “Which party is he going to run under, do we know for sure?” he said.Referring to Democrats in general, he said: “I implore them, from my political interest: Run on closing schools. Run on locking people down. Run on closing businesses.” He added, “I would love to have that debate.”In advance of Mr. Crist’s announcement, Mr. DeSantis held an official event on Monday at Mr. Crist’s favorite seafood restaurant in St. Petersburg, touting the wins he had racked up during the session the Republican-controlled Legislature concluded last week — which he and Republican lawmakers used to champion policies that will appeal to Florida’s increasingly conservative electorate.And on Monday, Mr. DeSantis signed a bill and an executive order doing away with most of Florida’s remaining pandemic restrictions, contrasting his administration’s aversion for mandates to the restrictions in states led by Democrats.Still, Mr. Crist was withering in his criticism of the governor on Tuesday.“Gov. DeSantis’s vision of Florida is clear: If you want to vote, he won’t help you,” Mr. Crist said. “If you’re working, he won’t support you. If you’re a woman, he will not empower you. If you’re an immigrant, he won’t accept you. If you’re facing discrimination, he won’t respect you. If you’re sick, he won’t care for you.” More

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    Bee Nguyen, Georgia Democrat, Enters Race for Secretary of State

    Ms. Nguyen, the daughter of Vietnamese refugees, is the first major Democrat to announce a bid for the seat held by Brad Raffensperger, the Republican who defied former President Donald Trump.ATLANTA — Next year’s secretary of state election in Georgia was already shaping up to be a tense and dramatic fight: the incumbent, Brad Raffensperger — who enraged former President Donald J. Trump for refusing to overturn the state’s election results — is facing a primary challenge from a Trump-endorsed fellow Republican, Representative Jody Hice.On Tuesday morning, the race got even more interesting with the entry of the first major Democratic candidate, State Representative Bee Nguyen, the daughter of Vietnamese refugees who has helped lead the fight against Republican-backed bills that restrict voting rights in the state.“Republicans have done everything in their power to silence the voices of voters who chose an America that works for all of us, and not just some of us,” she said in her announcement video. “But we will not allow anyone to stand in the way of our right to a free and fair democracy.” In an interview this week, Ms. Nguyen, 39, said that Mr. Raffensperger deserved credit for standing up to Mr. Trump and rejecting his false claims of voter fraud after the November election. But she also noted that since then, Mr. Raffensperger had largely supported the voting rights law passed by the Legislature in March and continued to consider himself a Trump supporter after the former president promulgated his falsehoods about the Georgia election.“I’ve been at the forefront of battling against voter suppression laws in Georgia,” Ms. Nguyen said. “Watching everything unfold in 2020 with the erosion of our Democracy, I recognized how critically important it was to defend our right to vote.”She added, “I believe Georgians deserve better, and can do better.”Mr. Trump lost Georgia by around 12,000 votes. After the election, he made personal entreaties to both Mr. Raffensperger and Gov. Brian Kemp, asking the two Republicans to intervene and help overturn the results. When they declined, Mr. Trump vowed revenge.In late March, the former president endorsed Mr. Hice, a pastor and former radio talk-show host from Georgia’s 10th Congressional District. “Unlike the current Georgia Secretary of State, Jody leads out front with integrity,” Mr. Trump said in a statement.It’s not the only race in Georgia that Mr. Trump is hoping to influence in an attempt to exact retribution against those he deems disloyal. In January, Mr. Trump vowed to campaign against Mr. Kemp as he sought re-election. Since then, former State Representative Vernon Jones, a former Democrat and a vocal Trump supporter, has entered the race, but Mr. Trump has not endorsed him.On Monday, however, the Georgia political world took notice when State Senator Burt Jones, a Republican, tweeted a photo of himself and Mr. Trump meeting at Mr. Trump’s Florida home. Mr. Jones, who did not return calls for comment Monday, hails from a wealthy family and could put his own funds into a statewide race. But if he is interested in higher office, he has a number of choices beyond governor, including possibly jumping into next year’s contest for the U.S. Senate seat held by the Democrat Raphael Warnock.Ms. Nguyen, a supporter of abortion rights and critic of what she has called Georgia’s “lax” gun laws, could struggle to connect with more conservative voters beyond her liberal district in metropolitan Atlanta. She first won the seat in December 2017 in a special election to replace another Democrat, Stacey Abrams, the former state House minority leader who left her position to make her ultimately unsuccessful challenge to Mr. Kemp in 2018.Ms. Abrams, who is African-American, may be gearing up to run against Mr. Kemp again next year, and if Ms. Nguyen can land a spot on the general election ballot, it will reflect the changing demographics that helped Democrats like President Biden score upset wins in Georgia in recent months.In March, Ms. Nguyen was among a group of Asian-American Georgia lawmakers who forcefully denounced the mass shootings at Atlanta-area massage parlors in which eight people were killed, including six women of Asian descent.Georgia’s secretary of state race, normally a low-profile affair, will be watched particularly closely next year given the razor-thin margins of the state’s recent elections, and its growing reputation as a key battleground in the presidential election.Mr. Raffensperger finds himself in a frustrating position. A statewide poll in January found that he had the highest approval rating of any Republican officeholder in the state, the likely result of the bipartisan respect he earned for standing up to Mr. Trump. But Mr. Hice has a good chance of overpowering Mr. Raffensperger in a G.O.P. primary, given rank-and-file Republicans’ loyalty to the former president.Two other Republicans, David Belle Isle, a former mayor of the city of Alpharetta, a suburb of Atlanta, and T.J. Hudson, a former probate judge, are also running.Daniel Victor More