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The abortion ruling hides conservative justices’ partisan agenda | Moira Donegan
The supreme court is a messy institution. It’s six conservative justices are mired in infighting over both the pace of their shared ideological project of remaking American law and life according to rightwing preferences, and over their preferred methodological course for doing so. Their squabbling is not helped by the fact that two of them, Clarence Thomas and Samuel Alito, keep embarrassing the court with gauche public scandals, which draw attention to the court’s legitimacy crises like a vulgar flag waving above One First Street. For their part, the liberals are exhausted, impotent, and at times apparently publicly despairing. Their dissents have sometimes taken on tones of exasperation and peeved sarcasm, as if they’re turning to the country and asking: “Can you believe this?” Their most senior member, Sonia Sotomayor, recently told an interviewer that over the past several terms, since the court’s conservative supermajority was sealed under the Trump administration, she has sometimes gone into her chambers after the announcement of major decisions and wept. She says she anticipates having to do so again: in one recent dissent, she warned ominously about the future of gay marriage rights.The court’s partisans like to point out that it controls neither the military nor the federal budget; the court’s legitimacy, they say, comes merely from the fact that people believe it to be legitimate. But increasingly, many of them don’t. The court’s approval rating remains at record lows, and the justices’ conduct over the past several years has punctured the mystique of scholarly seriousness that the institution once pretended to. They don’t seem like wise legal scholars, carefully and dispassionately deliberating the merits of competing interests and claims. Instead, they seem more like a bunch of bumbling partisan hacks – perhaps just more cynical and less clever than the average Republican operatives stuffed into suits throughout DC.The court did not appear particularly competent, for instance, when on Wednesday, a draft opinion in Moyle v United States, was briefly uploaded to the court’s web page. The case concerns Idaho, which has one of the most extreme and sadistic anti-choice legal regimes in the nation, and asks whether states’ attempts to ban abortions even in cases of medical emergencies can be preempted by Emtala, a federal law regulating emergency rooms. After it was uploaded, the opinion was quickly taken down; in a statement, a supreme court spokesperson said that the opinion had been uploaded briefly by mistake. By then, Bloomberg news had already obtained the full text of the draft, and it was published soon thereafter.This makes the third time in recent memory that an opinion in a high-profile supreme court case was leaked before its official release. The first was when Justice Alito reportedly told a conservative movement activist friend of his upcoming decision in 2014’s Burwell v Hobby Lobby, a case that struck down the Affordable Care Act’s contraception coverage mandate for religious employers; the second was when the draft of Alito’s majority opinion in Dobbs was leaked to Politico almost two full months before it was ultimately issued by the court. All three of these leaks have been in cases pertaining to women’s reproductive rights.But if the court is bumbling in their functioning, embarrassing in their public personas, and obviously fractious in their internal relations, then the leaked order in Moyle also shows that the conservative majority can be quite calculating in their political strategy. In the draft decision, issued per curium (that is, unsigned), the court dismisses the case as improvidently granted, and sends it back down to the lower courts. They include the restoration of a lower court order that had allowed emergency abortions to continue in Idaho hospitals while the case proceeds. For now, that means that women experiencing failing pregnancies in Idaho will still be able to get the care they need to preserve their health, their fertility and their lives; hopefully, emergency room doctors there will feel safe enough to actually perform the procedures, and patients will no longer have to be air lifted out of state to receive the routine care that will stabilize them. That’s what’s most important for the American public: that for the time being, lives will not be needlessly lost in service to the anti-choice agenda.But to the court’s conservative majority, what seems to be most important is pushing the abortion issue – and an inevitable ruling that eventually will allow states to ban emergency abortions – past the November election. The decision in Moyle was transparently a compromise between the court’s three liberals, who wanted to preserve women’s lives, and the three more pragmatic conservatives – John Roberts, Brett Kavanaugh and Amy Coney Barrett – who wanted to preserve Donald Trump’s electoral chances. These conservatives know that a ruling saying that states can allow women to bleed out, suffer septic infections, have seizures from eclampsia, lose the function of their uterus, and ultimately die – out of deference to preserving what by then are already doomed, futile pregnancies – would hurt Republican candidates in this November’s elections. That doesn’t mean they don’t want to issue such a murderous ruling; it means that they want to do so at a more politically convenient moment.So three of the court’s conservatives are acting like Republican political strategists, working to conceal their own legal agenda in order to minimize harm to their preferred party in an election year. That would be bad enough. But not all of the court’s conservatives can exercise even this degree of cynical, self-interested restraint. Although the order was issued per curium, Alito dissented, arguing that the state ban on emergency abortions should be enforceable under federal law; he was joined by Thomas and Neil Gorsuch. Some of his reasoning was echoed by Barrett, whose concurrence, studded with handwringing concerns as to whether Emtala sufficiently protected the conscience rights of anti-abortion doctors and whether it could preempt a state criminal law, read like a road map for anti-choice lawyers seeking to re-argue the issue at a later, more politically amenable time. (Another sign of the court’s dysfunction – how often opinions are now accompanied by a flurry of dissents and concurrences, with each of the justices seemingly very eager to publicly distinguish their own thinking from that of their colleagues.)Together, their writings made it clear that though the court’s conservatives are split – sometimes fiercely and peevishly so – over how fast to proceed, they agree over their ultimate goal: one day, probably sooner than we think, this case will come back, and the supreme court will allow states to ban emergency abortions. What follows will be blood on their hands. More
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Calls for Biden to stand aside grow after shaky debate performance against Trump – live
Could there be a contested Democratic convention? How would that even work? Replacing the president may not be an option, they said, but many acknowledged Democrats are talking about it, spurred by Biden’s troubling debate performance.MSNBC’s Nicole Wallace laid out how a candidate could release their delegates. Joy Reid said someone sent her the rules.“The rules are circulating,” Wallace laughed.“No one is saying it’s going to happen, it’s very unlikely,” Reid reiterated.The fact that a liberal network would broach the idea of whether an incumbent president running for re-election could be replaced after they’ve won the nomination shows how Democrats are scrambling after the debate to affirm Biden’s ability to lead the nation. Many are questioning whether the party should have serious conservations about what else could be done instead.David Plouffe, a Democratic strategist and former Obama campaign official, called the debate “kind of a Defcon 1 moment”.“The biggest thing in this election is voters’ concerns – and it’s both swing voters and base voters – with his age, and those were compounded tonight,” Plouffe said.Read the full story:Guardian US columnist Rebecca Solnit has also delivered her verdict, saying the American people were the true losers last night:Debates exist so that people can hear from the candidates, which makes sense when they’re relative unknowns. We’ve heard plenty from both of them for 40 years or so, since Biden was a young congressman and Trump was a young attention-seeker in New York City’s nightclubs and tabloids, and both of them have had the most high-profile job on earth for four years.We didn’t need this debate. Because 2024 is not like previous election years, and the reasons it’s not are both that each candidate has had plenty of time to show us who they are and because one of them is a criminal seeking to destroy democracy and human rights along with the climate, the economy and international alliances. If you are too young to remember 2017-2021, this would not help you figure that out.Much has been said about the age of the candidates, but maybe it’s the corporate media whose senility is most dangerous to us. Their insistence on proceeding as though things are pretty much what they’ve always been, on normalizing the appalling and outrageous, on using false equivalencies and bothsiderism to make themselves look fair and reasonable, on turning politics into horseraces and personality contests, is aiding the destruction of the United States.Read more from Rebecca Solnit here: The true losers of this presidential debate were the American peopleJess Bidgood, writing for the New York Times On Politics newsletter, summed it all up as “Well, that was ugly” and said the main takeaway was “mostly, they fought about each other.”She writes:
Both Biden and Trump are deeply unpopular, and voters have for months been telling pollsters that they did not want this rematch even as they sent the candidates to the top of the ticket. Watching the debate last night, as each cast the other as the reason that he is running again, it seemed clear that the two Americans who most want this rematch were standing onstage.
“I wish he was a great president because I wouldn’t be here right now. I’d be at one of my many places enjoying myself,” Trump said, adding, “The only reason I’m here is that he’s so bad as a president”. Biden portrayed Trump as a unique threat to the country, castigating him in deeply personal terms and repeatedly calling him a liar. The deep enmity on display – and the messiness of the night – may have damaged them both.
David Smith was in Atlanta for the Guardian, and this is his sketch of what was a terrible debate night for the Biden campaign:That sickening thud you heard was jaws hitting the floor. That queasy sound you heard was hearts sinking into boots. That raspy noise you heard was a US president embodying what felt like the last gasp of the ailing republic. Say it ain’t so, Joe.The first US presidential debate in Atlanta on Thursday was the night that Democrats went from “Don’t panic!” to “OK, time to panic!” After months of preparation and expectation, they got to the altar and suddenly realised they were marrying the wrong man.In 90 miserable minutes, Joe Biden achieved two things that had seemed impossible. He lived down to expectations that were already rock bottom. And he managed to make Donald Trump sound almost coherent. Trump did not win the debate but Biden certainly lost it.Democrats had been lulled into a false sense of security by Biden’s high energy performance at the State of the Union address. They expected Superman again. Instead they got Clark Kent in his dotage.Read more of David Smith’s verdict here: ‘You’re the sucker, you’re the loser’: 90 miserable minutes of Biden v TrumpShould Joe Biden decide not to go for reelection in November after all, the Democratic National Convention in Chicago, which takes place 19-22 August, would have to nominate somebody else. There isn’t a clear frontrunner, but there would be some of the potential options.Kamala HarrisThe most obvious default pick would be Biden’s vice-president. She has been widely criticised for not carving out her own role in the Biden administration and has poor polling approval ratings, suggesting she would struggle against Donald Trump in the glare of an election campaign. The 59-year-old was backing Biden after the debate, but would also be maybe the easiest for the party to install as a replacement. She would automatically become president if Biden resigned from the White House, but that would not automatically make her the nominee.Gavin NewsomThe 56-year-old California governor was in the spin room last night talking down any alternatives to Biden being the nominee, saying it was “nonsensical speculation”. He had a primetime debate with Florida gov Ron DeSantis last year, which could be a presidential match-up of the future, and has made a point of supporting Democrats in elections away from his home state, which looked, at times, like a shadow White House campaign.J B PritzkerThe 59-year-old governor of Illinois would be one of the wealthiest of potential picks, but also can flourish the credentials of having codified the right to abortion in Illinois and declaring it a “sanctuary state” for women seeking abortions. He has also been strong on gun control, and legalised recreational marijuana.Gretchen WhitmerThe Michigan governor was on the shortlist for VP pick for Biden in 2020, and a strong showing in the midterms for the Democratic party was in part put down to her governership. The 52-year-old has been in favor of stricter gun laws, repealing abortion bans and back universal pre-kindergarten.Sherrod BrownThe 71-year-old would be the most elderly of the alternate picks, but still seven years younger than Donald Trump. It was considered a surprise when he didn’t have a tilt for the Democratic nomination for 2020, at the time saying he saw remaining as Ohio’s senator as “the best place for me to make that fight” on behalf of working people. A strong voice on labor rights and protections, he has also spoken out on protections for IVF and abortion.Dean PhilipsThe main contender to Joe Biden during the primaries earlier this year has already demonstrated an inability to appeal to the broader party, and so is unlikely to be a factor.Democratic strategist Theryn Bond has told Sky News that the party needs to replace Joe Biden as presidential nominee, but that it should not be Kamala Harris as the “country is not ready” for a Black woman to be president.She said that California governor Gavin Newsom and Michigan governor Gretchen Whitmer could be candidates, explaining:
Unfortunately as much as I want the US to be ready for Black woman to be president, they are not ready. This country is not ready. This country is too divisive, unfortunately, we’re just not there. I don’t think she would be the one to take the Democratic Party to victory.
Joe Biden does not become the party’s nomination for president until endorsed at the 2024 Democratic National Convention in Chicago, which takes place 19-22 August.There is no formal mechanism to replace him as the presumptive nominee, and it would be the first time a party has attempted to do so in modern times. Effectively the only option is that he would have to agree to step aside.He won through the primaries almost uncontested, and has about 95% of the delegates who choose the nominee pledged to vote for him. There isn’t a legal requirement that they vote for who won in the primaries, but they are asked to vote in a way that “in all good conscience reflects the sentiments of those who elected them”.Were Biden to step aside as a candidate, he might try to nominate someone – most likely vice-president Kamala Harris – as his preferred alternative, which would carry some weight with delegates, but which would not be binding.The most drastic course of action open to Biden – resigning the presidency itself – would make Harris president. But that would not automatically make her the Democratic nominee for 2024.The party would still have to carry out an open, contested convention, leaving about 700 party insiders the choice of picking someone, and then having only three months to unite behind and campaign for them.And here are the top (by which I mean terrible) moments from that debate. Warning: there’s a lot of golf talk.On that note, this is Helen Sullivan, doing whatever the opposite of teeing off is on this live coverage. My colleague Martin Belam will be with you for the next while.It’s worth watching this from MSNBC analyst Claire McCaskill (you’ll hear her use the word “surrogate” a lot – that is a person who speaks on behalf of a candidate, usually to promote them):Politico has this explainer for how the Democrats could replace Biden (again: this is extremely unlikely to happen – not quite as unlikely as it was before this debate):
If Biden agreed to decline his party’s nomination, it would kick off an open and unpredictable process of picking his replacement.
Other names — from Vice President Kamala Harris, to Govs. Gavin Newsom, Gretchen Whitmer and JB Pritzker, to numerous others — could be placed in nomination. The candidates, who could span the Democratic Party’s geographic, ideological and generational wings, would be working to sway the thousands of Democratic delegates to support them on the first ballot.
The pledged delegates aren’t the only ones who have a say. The Democratic Party has stripped “superdelegates” — elected officials and party leaders who can vote for anyone they please — of most of their power since the contentious 2016 primary. These superdelegates would be free to vote if no candidate won a majority of delegates on the first ballot. An open, contested convention would give more than 700 party insiders a major role in picking the new nominee.
Here is Jon Stewart on how that went:Tim Miller, a former Republican strategist-turned ardent Biden supporter, told the AP in the spin room after the debate, “That was the worst performance in the history of televised presidential debates”. More - in US Politics
‘You’re the sucker, you’re the loser’: 90 miserable minutes of Biden v Trump
That sickening thud you heard was jaws hitting the floor. That queasy sound you heard was hearts sinking into boots. That raspy noise you heard was a US president embodying what felt like the last gasp of the ailing republic.Say it ain’t so, Joe.The first US presidential debate in Atlanta on Thursday was the night that Democrats went from “Don’t panic!” to “OK, time to panic!” After months of preparation and expectation, they got to the altar and suddenly realised they were marrying the wrong man.In 90 miserable minutes, Joe Biden achieved two things that had seemed impossible. He lived down to expectations that were already rock bottom. And he managed to make Donald Trump sound almost coherent. Trump did not win the debate but Biden certainly lost it.There was a suitably funereal silence as the president, wearing blue tie and flag pin, and Trump, wearing red tie and flag pin, entered CNN’s red, white and blue studio. This was the first presidential debate without an audience since John F Kennedy v Richard Nixon in 1960 (those two candidates had a combined age of 90; this time they had a combined age of 159).Journalists in Atlanta were forced to watch on TV like everyone else. But the mutual animosity and contempt between the men exuded through the screen. It was clear neither was even thinking about shaking the other’s hand.Democrats had been lulled into a false sense of security by Biden’s high energy performance at the State of the Union address. They expected Superman again. Instead they got Clark Kent in his dotage.The crisis was clear almost as soon soon as Biden opened his mouth. His voice was hoarse and hard to hear. Clear your throat, man! His team later claimed that he had a cold. Or had he over-prepared?Early on, he bumbled: “We have 1,000 trillionaires in America – I mean billionaires in America.” Then: “ … making sure that we’re able to make every single solitary person eligible for what I’ve been able to do with the – with – with – with the Covid. Excuse me, with dealing with everything we have to do with … ”His voice trailed away. “Look, if – we finally beat Medicare.”Trump pounced: “Well, he’s right. He did beat Medicare. He beat it to death.”Trump is only three years younger, but is a creature of television. When Biden spoke, the former president, hair hovering above his head like a shiny cloud, could be seen frowning, pursing his lips or revving up for a reply. But when Trump spoke, the white-haired Biden stared into the middle distance, his mouth open, looking as feeble and frail as the democracy that now rests on his shoulders.It was a Greek tragedy because the Biden campaign pushed for this debate, the earliest in history, to “drag Trump into Americans’ living rooms” and wake them up to the threat. They set rules, including muted microphones and no studio audience, that seemed to backfire and work to his opponent’s advantage.The restrictions helped Trump stay relatively controlled and disciplined, at least by his own epically low standards. He did not constantly interrupt as he did in the first debate in 2020. He did not play to a crowd and get carried away with unhinged stories about sharks.Not that Trump should be let off the hook. This was an unwatchable debate between an old man who could not finish a sentence and an old man who could not tell the truth. It was Rip Van Winkle versus Pinocchio.Biden failed to push back on Trump’s lies. But so did CNN’s moderators, Jake Tapper and Dana Bash. This gave the impression of Trump’s falsehoods carrying just as much weight as Biden’s facts, especially to viewers who are just tuning in to the election. Expect Democrats to use this argument to deflect attention from their own man’s failings.More than an hour after the debate, when most people had turned off and gone to bed, CNN factchecker Daniel Dale came on air and said Biden made nine false claims while Trump made 30. Trump’s included some Democratic states wanting people to execute babies after birth; the US currently having the biggest budget deficit ever; Biden getting a lot of money from China; no terrorist attacks during Trump’s presidency; Biden wanting to quadruple taxes; the US providing way more aid to Ukraine than Europe; Nancy Pelosi turning down Trump’s offer of 10,000 national guard troops on January 6; “ridiculous fraud” in the 2020 election; Nato going out of business before he became president; Biden indicting him; his tax cut being the biggest in history.First impressions – and viral clips – are everything, so voters will forget that, as the debate wore on, Biden gradually became stronger on style and substance. He went for Trump’s character: “The only person on this stage who is a convicted felon is this man I’m looking at right now.”Angry and glowering, Biden insisted: “My son was not a loser, was not a sucker. You’re the sucker, you’re the loser.”And again: “How many billions of dollars do you owe in civil penalties for molesting a woman in public, for doing a whole range of things, of having sex with a porn star on the night – and while your wife was pregnant? I mean, what are you talking about? You have the morals of an alley cat.”Trump shot back: “I didn’t have sex with a porn star, number one.” An immortal line, never before uttered in a presidential debate. Carve it in marble!Biden and Trump debated which of them is the worst president in history. And which is the better golfer. Trump boasted: “I just won two club championships, not even senior, two regular club championships. To do that, you have to be quite smart and you have to be able to hit the ball a long way. And I do it. He doesn’t do it. He can’t hit a ball 50 yards. He challenged me to a golf match. He can’t hit a ball 50 years.”Biden retorted: “Look, I’d be happy to have a driving contest with him. I got my handicap, which, when I was vice-president, down to a six. And by the way, I told you before I’m happy to play golf if you carry your own bag. Think you can do it?”Trump: “That’s the biggest lie that he’s a six handicap, of all.”Biden: “I was eight handicap.”Trump: “Yeah.”Biden: “Eight, but I have – you know how many … ”Trump: “I’ve seen your swing, I know your swing.””As Bash tried to interject, Trump said: “Let’s not act like children.” Biden shot back: “You are a child.”Tellingly, once the horror show was over, it was Trump’s surrogates who flooded the “spin zone” at the media centre. Standing on a bright red carpet on what is normally a basketball court, former housing secretary Ben Carson said of Biden: “I really felt sorry for him. He struggled to come up with answers. He was trying to remember the things that they’d told him.”Senator Lindsey Graham of South Carolina said: “I think President Trump was strong and coherent and I think President Biden was weak and confused most most of the time. What started out as a policy debate is turned into a capability debate … It’s pretty hard to believe that President Biden can continue in this job.”After a while, Biden’s surrogates emerged, including California governor Gavin Newsom and his beaming smile. It is still highly, highly unlikely he will be the Democratic nominee in November. But a little less unlikely than it used to be. More
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‘Defcon 1 moment’: Biden’s debate performance sends Democrats into panic
Democratic operatives and officials have reacted with panic and dismay after Joe Biden’s stumbling performance in the presidential debate refocused attention on his age and sharpness.David Plouffe, a Democratic strategist and former Obama campaign official, called the debate “kind of a Defcon 1 moment”.“The biggest thing in this election is voters’ concerns – and it’s both swing voters and base voters – with his age, and those were compounded tonight,” Plouffe said.The vice-president, Kamala Harris, appeared on CNN and MSNBC after to reiterate the reasons voters should side with Biden, but even she acknowledged his poor performance. “It was a slow start, there’s no question about that, but I thought it was a strong finish,” the vice-president said.Maria Shriver, the former first lady of California, said she loves Biden and knows he’s a good man, but the evening was “heartbreaking in many ways”.“This is a big political moment. There’s panic in the Democratic party. It’s going to be a long night.”Nicholas Kristof, the leftwing political columnist, said on social media that he hopes Biden reflects on the debate and decides to withdraw from the race, letting the convention decide who should be the nominee. He suggested someone like Michigan governor Gretchen Whitmer, Ohio senator Sherrod Brown or commerce secretary Gina Raimondo.Former Missouri senator Claire McCaskill said on MSNBC that Biden had one job, and he didn’t do it: He needed to “reassure America that he was up to the job at his age, and he failed”. Democrats are doing more than hand-wringing in private and wondering why the Biden surrogates, who were performing well to counter the Biden debate performance, aren’t the ones at the top of the ticket, she said.“I know how this felt tonight: it felt like a gut punch,” McCaskill said.Cable commentators were left wondering whether there be a contested Democratic convention if so, how Biden might be replaced – an option some say is not possible even while others are talking about little else.On the liberal network MSNBC, anchor Nicole Wallace laid out how a candidate could release their delegates, while fellow journalist Joy Reid said someone sent her the rules for doing so.“No one is saying it’s going to happen, it’s very unlikely,” Reid said, but added that the atmosphere among Democrats was “approaching panic” .From the start, Biden faltered in the debate, the first of the 2024 presidential election. He was hard to hear, mumbling and muffling his lines, some of which – were they delivered with the intended force – could have landed successfully. He said Donald Trump has “the morals of an alley cat”, but even that one-liner was difficult to discern.Biden had challenged the former president to a debate, set earlier than normal, to shift the momentum of the race. He had delivered a strong State of the Union speech in which he appeared sharp and energetic, and his campaign appeared to calculate that a debate could give his approval ratings some lift at a time when he is polling behind Trump.Instead of a victory march, or even the more common volleying over who claims to have won the debate, it was clear that Democrats saw Biden’s performance as a liability.skip past newsletter promotionafter newsletter promotionBoth Harris and Gavin Newsom, the California governor and Biden surrogate, appeared on various TV networks later in the evening to talk about how Trump lied and deflected throughout the debate – and sought to remind voters what a Trump presidency was like and could be again.“It was a slow start, there’s no question about that, but I thought it was a strong finish,” the vice-president said on MSNBC before launching into a list of Biden’s accomplishments, saying Biden fights for the people while Trump fights for himself.Newsom, on MSNBC, called the questions “unhelpful” and “unnecessary”. The conversations are “rabbit holes” that detract from Biden’s record and hinder democracy and the country’s fate.“We’ve got to have the back of this president,” Newsom said. “You don’t turn your back because of one performance. What kind of party does that?”Some Democrats laid out ways the Biden camp could turn the moment back toward him and get his performance out of voters’ minds: send out his surrogates to support him, put strong speakers like Harris or Newsom on the morning shows, or announce an initiative or endorsement or big idea in order to change the narrative. More
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Trump v Biden in the first 2024 presidential debate: our panelists’ verdict | Panelists
Moustafa Bayoumi: ‘The Democrats must select someone other than Biden as their candidate’What a catastrophe. From the moment the debate started, Joe Biden was meandering, confused and charmless. It never improved. Donald Trump, however, was relatively restrained, at least for Trump. Of course, he resorted to lies, insults and exaggerations throughout the 90 minutes. By citing things called “Black jobs” and “Hispanic jobs” and by calling Biden a “bad Palestinian”, Trump managed to hit all his usual racist notes.Yet the whole thing was simply painful to watch, mostly because it was useless on any practical level. This much ballyhooed confrontation between two political foes for the most important office in the world turned out to be featherlight on substance, policy, interest, intellect, imagination, vision, energy, ideas, humor and hope. It was heavy on one thing (besides cringe), though: ego.The presidency should not simply be a vanity project, but that’s exactly what it has become. Biden’s performance was so far below acceptable that the Democratic party should be ashamed of itself for allowing him to stand for re-election. With tonight’s performance as evidence, the Democrats will almost certainly lose. Trump’s narcissism is notorious, and it too has destroyed the Republican party from within. The stakes are much too high to allow the inflated egos of these two men to determine the fates of millions of people here and around the world. If the Democrats truly believe that democracy is on the line during this election, they must select someone other than Biden as their candidate. There’s still time.
Moustafa Bayoumi is a Guardian US columnist
Jill Filipovic: ‘Neither man came off looking good’Well, that was a disaster.The debate was an unmitigated calamity, especially for Biden. The president was often hard to follow and at times incoherent; he struggled to answer questions that should have been easy gimmes on issues favorable to Democrats. It would be nice if substance mattered more than style, because the substance of Biden’s remarks were important, and promised a more prosperous, secure and free future for Americans than Trump’s. But his delivery made it extremely difficult for even the most plugged-in politics addicts to follow, let alone your average viewer at home.For Trump’s part, what he didn’t say was more telling than what he did. He was unwilling or unable to answer questions on how he would help families with childcare, the costs of which are a drag not only on family budgets, but on the US economy. He was unwilling or unable to answer questions about opioids and the US’s addiction crisis. And, perhaps most importantly, he refused to clearly answer a thrice-asked question about whether he would accept the results of the election – saying only that he would do so if such an election were fair, and then claimed the 2020 one wasn’t. In other words, Trump will accept the results of the election only if he wins – and contest it if he doesn’t.That’s remarkably dangerous. And his wholesale lack of interest in the issues that matter most to American families is remarkably negligent. But unfortunately, his would-be foil – Biden – proved simply unable to take on even a truly terrible opponent. Neither man came off looking good. But if Americans are counting on Biden to save us, we might want to start making a Plan B.
Jill Filipovic is the author of the The H-Spot: The Feminist Pursuit of Happiness
Lloyd Green: ‘Biden looked lost’Joe Biden’s age and acuity took center stage. He looked lost, and the Democrats are almost certainly panicking. At times, the president could barely stitch two coherent sentences together. Donald Trump won the evening, and it wasn’t even close.Trump took command from the outset. He appeared energized and engaged. What Trump said mattered less than how he said it; he forcefully responded to whatever question was posed. He repeatedly mocked, taunted and bludgeoned Biden. If this were a boxing match, the referee would have stopped the match in the third round.Despite Biden’s efforts to nail Trump on his own record as president, Trump was mostly unbowed. He seemingly stood by his picks to the supreme court and the end of Roe v Wade. At one point Trump seemingly mouthed the words “let’s not act like children,” which may be the evening’s most memorable line. He also got away with calling Biden “the Manchurian candidate”.Trump lied aplenty. He acted as if he never had said there were “good people” on both sides in Charlottesville, and pretended that he hadn’t dissed America’s war dead. But little of that may matter come November. Americans want a president who exudes vigor. And Biden isn’t that.The debate will supply Trump with a wealth of material for campaign ads. It may be time for an open convention. August could be interesting.
Lloyd Green is an attorney in New York and served in the US Department of Justice from 1990 to 1992
Arwa Mahdawi: ‘This was not a debate so much as a farce’My expectations for this debate weren’t just low, they were dungeon-in-hell levels of low. I still wasn’t prepared for how shocking it would actually be. Trump lied unashamedly, Biden waffled incoherently, and the moderators just said “thank you” a lot and moved on. This was not a “debate” so much as a farce.If Biden’s team thought this debate would assuage worries about the president’s age and competence, their plans spectacularly backfired. For the first half of the debate, Biden looked dazed and could barely get his words out. He noticeably improved towards the end; still, this was not a man who instills confidence. Trump blustered and lied and dog-whistled his way through the night, but if you were going on optics alone the convicted felon had the upper hand.For those of us distraught by Gaza, tonight was a gut-wrenching reminder that neither candidate gives a damn about Palestinian lives. Trump used “Palestinian” as a slur and Biden, meanwhile, reiterated his support for Israel no matter how many Palestinian kids are killed. Neither candidate answered the question of whether they support a Palestinian state and the moderators didn’t press them on it.Responses to questions about abortion were also bleak. Trump advanced inflammatory misinformation about late-term abortion and Biden didn’t seem interested in talking about abortion in detail – he didn’t even mention it in his closing statements. He seemed a lot more interested in talking about golf. Indeed, the only part of the night when both men seemed to really come alive was when they got into a fight about their golf handicaps.
Arwa Mahdawi is a Guardian columnist and the author of Strong Female Lead
Osita Nwanevu: ‘Democracy is at stake. Biden failed to make that point’Half an hour into the worst presidential debate of all time, Jake Tapper finally put a question to the candidates about “the issue of democracy”. As president, Tapper said, Trump had sworn an oath to the constitution that many voters believe he violated by instigating the riot on January 6. What would he say to those voters?“Well, I don’t think too many believe that,” Trump sniffed. “And let me tell you about January 6th. On January 6th, we had a great border. Nobody coming through. Very few. On January 6th, we were energy independent. On January 6th, we had the lowest taxes ever. We had the lowest regulations ever … We were respected all over the world.” He was asked again and babbled about Nancy Pelosi’s daughter instead.This was Biden’s golden opportunity. Because as stubbornly pessimistic as Americans might be about the economy or Biden’s age, Trump’s efforts to overturn the 2020 election illustrate that democracy itself is at stake. It’s a simple, clear and potent message. Biden failed to deliver it effectively. “He talked about these people being great patriots of America,” Biden rasped. “In fact, he says he’ll now forgive them for what they’ve done. He’ll … and they’ve been convicted. He says he wants to commute their sentences … and say that … that no, he went to every single court in the nation, I don’t know how many cases, scores of cases, including the supreme court. And they said, they said: ‘No, no, this guy, this guy is responsible for doing what is being that was done.’”It is generally the case that the substance of the issues discussed in presidential debates matter far less than a few one-liners and soundbites that might travel well. That will be especially true of this debacle – a joust between an inveterate liar and a man who couldn’t manage to deliver more than garbled responses even on what his campaign would like journalists to believe is his best topic.Unfortunately, it’s doubtful that Biden’s capacities will improve by November. Although he does sometimes have a command of facts and figures, Biden has lost his ability to communicate effectively – not something one wants in a political candidate or, for that matter, a president.
Osita Nwanevu is a Guardian US columnist More - in US Politics
Biden’s poor performance and Trump’s lies: four key takeaways from the debate
The reality of the 2024 presidential contest is setting in now that the first debate of the election cycle showcased the two main options voters have in November.Joe Biden, apparently sick with a cold, mumbled through the debate, failing to land otherwise well-crafted lines. Donald Trump, a prolific purveyor of falsehoods, repeatedly told lies and avoided answering tough questions.The prevailing reaction to the debate was one of resignation and disbelief that these two candidates were their parties’ choices to lead the country at one of its most critical moments.Whether the debacle will sway undecided voters toward one candidate or the other remains to be seen.1. Biden performs poorlyThe president joked about the rightwing conspiracies that he would take some kind of performance-enhancing drugs before the debate, posting a link to a can of water for sale on his campaign website called “Dark Brandon’s Secret Sauce”.But his low-energy, muted and garbled performance didn’t live up to expectations. And keep in mind: Biden challenged the former president to the debate, which looks like a strategic error in retrospect.Voters regularly say they are concerned about Biden’s age and fitness for office. This debate will not assuage their fears.If someone were reading a transcript of Biden’s remarks, some of his lines would sound smart and aggressive. But the delivery failed – and for a visual medium like TV, that’s critical. He failed to sell his signature accomplishments, like his infrastructure plan.From the start, Biden’s voice was muffled. He trailed off. In one gaffe, attacking Trump on his tax cuts and the national debt, he confusingly ended his remarks with: “We finally beat Medicare.”Trump jumped on the moment: “He did beat Medicare. He beat it to death, and he’s destroying Medicare.”On an abortion question, which should be one of Biden’s strongest assets for voters concerned about rolling back reproductive rights, Biden brought up girls killed by migrants – pivoting, for some reason, to one of his weakest areas.He became more lively over the course of the evening, but not enough to change the narrative of how the debate went down optically. The evening will undoubtedly lead Democrats to debate whether Biden should somehow be replaced at the convention.2. Trump lies endlesslyAs expected for a politician so consistently factchecked, Trump repeatedly tried to sell falsehoods and half-truths to voters.When questions were posed that would require tough answers, like one about the January 6 insurrection, he deflected and talked about something he could attack Biden on.CNN’s moderators did not factcheck statements live. At times, when he avoided the question, they would reiterate it – sometimes successfully getting Trump to answer.He falsely claimed Democrats want abortions up until and after birth. He said without evidence that Nancy Pelosi refused his offer for national guard troops on 6 January 2021 to respond to an insurrection he encouraged. He said his administration had the “best environmental numbers”, whatever that means.And his promise that retribution would mark a second term in office surfaced too, in what seemed to be a veiled threat of prosecution: “He could be a convicted felon as soon as he gets out of office. Joe could be a convicted felon with all of the things that he’s done. He’s done horrible things.”3. Different visions were starkly on displayThe two men showed the distinctions of the two Americas in which they live.Trump repeatedly talked about how the US had failed, how Biden was the worst president in the country’s history and how the world views the country dismally now.“Joe, our country is being destroyed. As you and I sit up here and waste a lot of time on this debate. This shouldn’t be a debate. He is the worst president, he just said about me because I said it. But look, he’s the worst president in the history of our country. He’s destroyed our country.”Biden disagreed, offering an optimistic view of the US on the world stage.“We’re the most admired country in the world. We’re the United States of America. There’s nothing beyond our capacity. We have the finest military in the history of the world, the finest in the history of the world. No one thinks we’re weak. No one wants to screw around with us, nobody.”4. The adult film actor momentTrump’s convictions and varied court cases didn’t come up in the debate until it was well underway, a missed opportunity from Biden to hammer on one of Trump’s key liabilities.When the issue finally surfaced, Biden hit at Trump for having sex with an adult film actor while his wife was pregnant, referring to Stormy Daniels and the hush-money trial that concluded in 34 felonies for Trump.“You have the morals of an alley cat,” Biden quipped at Trump.Trump responded with a line that surely has not been uttered at presidential debates in decades past: “I didn’t have sex with a porn star.” More
- in US Politics
Biden and Trump arrive in Atlanta to face off in first 2024 election debate – live
A private plane carrying Donald Trump has touched down in Atlanta ahead of tonight’s debate.The former president’s plane was greeted by a group of his supporters on the tarmac.It could be the moment when a rematch that few seem to want finally comes to life: like two ageing prizefighters, Joe Biden and Donald Trump will enter the arena of political bloodsport on Thursday evening to resume a verbal sparring bout that will revive memories of the ugly exchanges when the two debated face to face four years ago.A CNN studio in Atlanta will host the first presidential debate of the campaign between the same two candidates who contested the last election, which Biden won.With more than four months to go until polling day in November, it is the earliest in any US presidential campaign that a debate between the two main candidates has ever been staged.While some see the timing as premature, it could provide a chance to open up a contest that has become overshadowed by, among other things, Trump’s recent felony conviction, as well as assorted other legal travails that see him facing 54 criminal charges for trying to overturn the last election and for retaining classified documents.Both candidates are deeply unpopular: Trump because his opponents see him as an aspiring dictator who threatens democracy, Biden because, at 81 (although just three years older than his Republican opponent), he is viewed – even among many Democrats – as too old for another term as president.Knife-edge polls indicate a race essentially tied, with a national polling average for May and June showing the candidates at 46% each.Polls in seven key battleground states – Wisconsin, Michigan, Pennsylvania, Nevada, Arizona, Georgia and North Carolina – give Trump a narrow advantage, though usually within the margin of error.NBC News’ Sahil Kapur writes that the debate hall is right next to the Kappa Sigma fraternity house at Georgia Tech, which is currently hosting a party under a sign that reads “Make America DRUNK Again”.A private plane carrying Donald Trump has touched down in Atlanta ahead of tonight’s debate.The former president’s plane was greeted by a group of his supporters on the tarmac.It is not clear if Melania Trump, the former first lady, will join her husband at tonight’s debate.Melania Trump’s office did not return a request for comment about whether she would be in Atlanta during the presidential debate, according the New York Times.The former first lady has largely been absent from the campaign trail this year, and she notably did not attend Trump’s criminal hush money trial in New York.Donald Trump Jr, Trump’s eldest child, will not attend the debate due to a family commitment involving his oldest daughter, according to NBC News, citing a source.Trump’s second son, Eric Trump, is not expected to be in Atlanta for the debate, but Eric’s wife, Lara Trump, will attend in her official capacity as Republican National Committee (RNC) chair, NBC reports.Jill Biden, the first lady, will be in Atlanta for tonight’s debate, according to the Biden campaign.Jill Biden is expected to be the only Biden family member in attendance, according to the New York Times.She is expected to watch the debate from a separate hold room on the debate campus.After the debate, Biden and his wife are scheduled to stop by a nearby Democratic watch party, before flying to Raleigh overnight.Candidates traditionally bring along their family members for support during a debate. Less common: bringing a member of your opponent’s family for support.On Thursday night, Donald Trump’s niece, Mary Trump, will be in the post-debate spin room making the case for Joe Biden.Mary Trump, one of the former president’s harshest critics, has warned that her uncle is a threat to democracy and should not be re-elected.She did not hold back. In a statement, she said:
I’m in Atlanta tonight to remind everyone who Donald is as a person and how he would rule as a president because the stakes are far too high for us to get this wrong: We cannot afford to allow Donald Trump anywhere near the levers of power again. Donald cannot be trusted and we must recognize that his last administration was simply a warm-up for much worse to come just as January 6th was a dress rehearsal for a man who will stop at nothing to ascend, once again, to this country’s highest office. He is desperate for power and has shown himself both unworthy of wielding it and obsessed with regaining it purely for his own benefit. He must be stopped.
Joining Mary Trump in the spin-room – a chaotic room where campaign staff and surrogates try to persuade reporters that their candidate won the debate – will be:
Keisha Lance-Bottoms, former Atlanta mayor and a senior advisor on the Biden-Harris campaign
Texas congresswoman Jasmine Crockett
California governor Gavin Newsom
California congressman Robert Garcia
Former Louisiana congressman Cedric Richmond
Georgia senator Raphael Warnock
Joe Biden and Donald Trump will debate on Thursday for the first time this election cycle and it holds the potential for some history-making moments.Debates can inform voters on both the issues and temperaments of the candidates, potentially swaying an undecided voter toward one candidate’s direction. They can also make for good TV, creating soundbites that resonate for decades to come.From the candidates’ physical appearances to gaffes to planned attacks to off-the-cuff retorts, here are some memorable moments from US presidential debate history.The White House Correspondents’ Association (WHCA) has released a statement complaining that CNN rejected its request to include a pool reporter inside the studio during tonight’s presidential debate.The WHCA “is deeply concerned that CNN has rejected our repeated requests to include the White House travel pool inside the studio”, a statement by WHCA president and NBC correspondent Kelly O’Donnell reads.The debate, which is being held on a closed set, will not feature an audience. Print pool photographers will be present for the entirety of the debate, while one print pool reporter will be permitted to enter during commercial breaks, according to CNN.The letter says:
That is not sufficient in our view and diminishes a core principle of presidential coverage. The White House pool has a duty to document, report and witness the president’s events and his movements on behalf of the American people.
Donald Trump is on his way to Atlanta, where he is scheduled to land in about an hour.Trump aide Margo Martin, in a post to X, shared a video of the former president boarding his plane.Joe Biden has arrived in Atlanta ahead of tonight’s presidential debate, where he was greeted by a crowd of supporters who chanted “four more years” and “let’s go Joe”, according to a pool report.While on Air Force One en route to Georgia, Karine Jean-Pierre, the White House’s press secretary was asked how the president feels about “standing toe to toe with his main adversary tonight”.According to the Washington Post, replied:
He likes to fight. He likes to fight for the American people.
US district judge Aileen Cannon, who is presiding over Donald Trump’s classified documents case, has granted a request from the former president’s defense team to hold a hearing to challenge some of the evidence gathered against him.Cannon said she would schedule a hearing to consider whether prosecutors had improperly obtained the cooperation of Trump’s lawyers through an exception to attorney-client privilege.From my colleague Hugo Lowell:But Judge Cannon also denied a defense request for a hearing on a separate claim that FBI officials had submitted false or misleading information to obtain a warrant to search Trump’s Mar-a-Lago estate for classified documents.The supreme court’s ruling earlier today to allow Idaho hospitals to provide emergency abortions – for now – has left key questions unanswered and could mean a final decision is delayed to beyond the November elections.A draft decision in the case was briefly posted on the court’s website yesterday and abruptly removed. The final version of the decision published today appeared to closely resemble the draft.Responding to the order, Joe Biden said the ruling ensures that Idaho women can get the care they need while the case continues to play out, adding:
Doctors should be able to practice medicine. Patients should be able to get the care they need.
The White House’s press secretary, Karine Jean-Pierre, said:
No woman should be denied care or wait until she’s near death or forced to flee her home state just to receive the healthcare she needs.
Merrick Garland, the attorney general, said the justice department will continue pressing its case and using “every available tool to ensure that women in every state have access to that care”. His statement reads:
Today’s order means that, while we continue to litigate our case, women in Idaho will once again have access to the emergency care guaranteed to them under federal law.
Donald Trump has appeared to share his talking points for tonight’s debate on his Truth Social platform.The post shows what appears to be a set of recommendations from Andrew Wheeler, Trump’s former Environmental Protection Agency chief.Wheeler, in the post, advises Trump to pledge to reduce carbon emissions and to point out that Joe Biden rejoined the Paris climate accord, and “all that does is send American dollars overseas”.Ammar Moussa, a Biden campaign spokesperson, shared Trump’s talking points on Twitter/X, writing:
Donald Trump is just posting his debate talking points. Thanks I guess.
Robert F Kennedy Jr’s angerand frustration at what he describes as his exclusion from the debate despite six qualifying polls and confirmed ballot access in five states – with Democratic legal challenges to his inclusion in five more, including one in New Jersey under the state’s “sore loser law” – comes as Democrats accuse him of being a political stooge for Republicans.Biden supporters worry Kennedy’s famous name and his history of environmental advocacy could sway voters from the left.His family members are largely against his candidacy, which they have made clear in public statements and by visiting the Biden White House en masse on St Patrick’s Day in March.But Republicans also have not welcomed his quixotic intervention in a tight race that could serve to siphon off vital votes from both candidates.Donald Trump has described him as “far more LIBERAL than anyone running as a Democrat, including West and Stein”, referring to third-party candidates Cornel West and Jill Stein.Robert F Kennedy Jr, the independent US presidential candidate polling at about 8%, won’t be at tonight’s Biden-Trump TV smackdown in Atlanta.But he’s not taking the diss quietly, and has accused debate host CNN of colluding with the major party campaigns to exclude him.In an email statement on Wednesday, the Kennedy campaign claimed that 71% of Americans want to see him on the debate stage, and in an act of counter-programming he plans an alternative “real” debate on Elon’s Musk’s Twitter/X platform at the same time.“The American people want leaders who trust them to make up their own minds,” Kennedy said.
Instead, our last two presidents are restricting voters from choosing anyone other than themselves. Presidents Biden and Trump have sucked trillions of dollars from the pockets of working people and Americans deserve to hear from the one candidate who can hold them to account. More
