Senate

Subterms

    More stories

    • 138 Shares129 Views

      in Elections

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

      by

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

    • 113 Shares199 Views

      in Elections

      Herschel Walker's Cryptic Video Could Upend Georgia Senate Race

      by

      If the Georgia college football legend Herschel Walker declares his candidacy it could put former President Donald J. Trump’s power as a kingmaker to the test.ATLANTA — In his 1980s prime, Herschel Walker, the Georgia college football legend, ran the ball with the downhill ferocity of a runaway transfer truck. There was no question about which way he was headed.But that was not the case this week, as Mr. Walker tweeted out a cryptic 21-second video that sent the state’s political players into a frenzy of decoding and guesswork.Did the video amount to an announcement that the Heisman-winning Mr. Walker — spurred on by the sis-boom-bah urging of his old friend Donald J. Trump — plans to enter the Republican primary for a chance to run next year against the Democratic senator the Rev. Raphael G. Warnock?That was one plausible interpretation of the clip, in which a smiling Mr. Walker, who lives in Texas, revs the motor of a sports car.“I’m getting ready,” Mr. Walker says, as the camera pans to the car’s Georgia license plate. “And we can run with the big dogs.”If Mr. Walker indeed jumps into the Senate race, it will go a long way toward firming up the 2022 pro-Trump roster in Georgia, where the former president has vowed to handpick G.O.P. candidates to exact revenge on the Republicans who declined to support his false contention that he was the true winner of the 2020 election in the state, which he in fact lost by about 12,000 votes.Mr. Walker, who once played for Mr. Trump’s professional team, the New Jersey Generals, in the short-lived United States Football League, urged Republicans to stick by Mr. Trump in the weeks after Election Day as departing president pressed his unfounded claims of voter fraud. In March, Mr. Trump, in a statement, said it would be “fantastic” if Mr. Walker ran for Senate.“He would be unstoppable, just like he was when he played for the Georgia Bulldogs, and in the NFL,” Mr. Trump said. “He is also a GREAT person. Run Herschel, run!”But a Walker candidacy may also prove to be the most high-stakes test of whether Mr. Trump’s fervent wish to play kingmaker will serve his party’s best interests in a hotly contested swing state that could determine which party controls the U.S. Senate.Though Mr. Walker is the most revered player in the modern history of the football-crazy state — Bulldog fans still talk about where they were when they saw his jaw-dropping performance in the 1981 Sugar Bowl, the way other Americans talk about the moon landing — the former running back also brings a complicated post-football story.Mr. Walker, 59, says that he suffers from dissociative identity disorder, an affliction formerly known as multiple personality disorder. His forthrightness on the topic of mental illness, outlined in his 2008 book, “Breaking Free: My Life With Dissociative Identity Disorder,” has earned him praise in some quarters. But others have doubted the diagnosis, calling it a convenient way to excuse bad behavior.In a 2005 application for a protective order, Mr. Walker’s ex-wife, Cindy Grossman, alleged that Mr. Walker had a history of “extremely threatening behavior” toward her. In one instance, she has said, he put a gun to her temple. In his book, Mr. Walker admitted to numerous instances of playing Russian roulette.Mr. Walker could not reached for comment for this article, but in a 2008 interview with The New York Times, he said he had the disorder under control with the help of therapy.Leo Smith, a Republican political consultant in Georgia, said that he hopes Mr. Walker will remain on the sidelines. “As a political consultant, I’d recommend that Mr. Walker influence politics through fund-raising and donations, not as a candidate,” he said.Senator Raphael G. Warnock of Georgia, center, greeting Vice President Kamala Harris in Atlanta on Friday. Some believe Mr. Walker’s Twitter video was a sign he plans to run against Mr. Warnock next year.Sarahbeth Maney/The New York TimesBut Randy Evans, a former ambassador to Luxembourg appointed by Mr. Trump, said that Mr. Walker may prove to be a “transformational” candidate who crosses boundaries of party and race (Mr. Walker is Black). “He’s got the demeanor to do it,” Mr. Evans said. “I recognize fully the difficulties of brand-new people who run who’ve never run before, but I thought Senator Tuberville did a pretty good job in Alabama, and that Herschel Walker would do a great job in Georgia.”Mr. Evans was referring to Tommy Tuberville, the staunchly pro-Trump Republican and big-time college football coach who easily won election to the Senate in November. But while Mr. Trump remains popular among Republicans in both Alabama and Georgia, the latter has seen Democrats make big inroads in part because of demographic change and a distaste for Trumpism in some important areas, including the suburbs north of Atlanta.Mr. Trump has already endorsed Representative Jody Hice, a hard-right conservative and Baptist preacher who plans to run for Secretary of State in Georgia against the incumbent Brad Raffensperger. Like Mr. Walker, Mr. Hice supports Mr. Trump’s bogus claims of a rigged election, and a Trump endorsement may be enough to hand him a primary victory.But a number of Republicans are quietly concerned that both Mr. Hice and Mr. Walker may wither in the scrutiny of a general election. Suburban, centrist women are likely to take note of Mr. Walker’s ex-wife’s story, as well as Mr. Hice’s comment that he approved of women in politics, so long as “the woman’s within the authority of her husband.”If Mr. Walker does enter the race, he will be the best known among a Republican field that already includes Kelvin King, a construction executive; Latham Saddler, a former Navy SEAL; and Gary Black, the state agriculture commissioner. There is also a possibility that former Senator Kelly Loeffler, who lost the seat to Mr. Warnock in the January runoff election, could try for a rematch.Mr. Warnock is the pastor at Atlanta’s Ebenezer Baptist Church — the home church of the Rev. Dr. Martin Luther King Jr. His victory in January, as well as the victory of his fellow Georgia Democrat, Senator Jon Ossoff, served as a stinging rebuke to Mr. Trump a few weeks after his own loss in the state.Mr. Warnock must defend his seat so soon after his election because he is serving out the remainder of a term begun by former Senator Johnny Isakson, a Republican who stepped down because of poor health. Mr. Warnock is likely to run emphasizing his support for social programs and support for Georgia businesses.“Whether it’s Trump’s handpicked candidate Herschel Walker, failed former Senator Kelly Loeffler, or any other candidate in this chaotic Republican field, not one of them is focused on what matters to Georgians,” said Dan Gottlieb, a spokesman for the Democratic Party of Georgia, in a statement.Debbie Dooley, the president of the Atlanta Tea Party, said that she is hoping that Georgia might see a general election in which all four candidates for the two top offices, senator and governor, are Black, allowing voters to take racial matters out of the decision-making process and instead have a clear choice between “competing ideologies.”In the governor’s race, Ms. Dooley is hoping that Vernon Jones, a Black, pro-Trump candidate not endorsed by Mr. Trump, will defeat Gov. Brian Kemp in the Republican primary. And she is assuming, like many other Georgians, that Stacey Abrams will run for governor on the Democratic side.In the Senate race, Ms. Dooley said she wants to see Mr. Walker jump into the primary and win it. “That’s who Trump wants,” she said, although she added that doing so would betray one loyalty: She is a die-hard Alabama fan.“Roll Tide,” she said. More

    • 150 Shares199 Views

      in Elections

      St. Louis Couple Who Aimed Guns at Protesters Plead Guilty to Misdemeanors

      by

      Mark McCloskey and Patricia McCloskey of Missouri will pay a total of nearly $3,000 in fines and give up the weapons used in the confrontation.A St. Louis couple who gained national notoriety last year after they were filmed pointing guns at demonstrators walking near their home each pleaded guilty to a misdemeanor charge on Thursday and agreed to pay a total of nearly $3,000 in fines. The couple, both lawyers, also agreed to give up the guns they had brandished in the confrontation.Patricia McCloskey pleaded guilty to second-degree harassment and will pay a $2,000 fine. Her husband, Mark, who is running for a U.S. Senate seat from Missouri, pleaded guilty to fourth-degree assault and will pay a $750 fine.As part of the plea deal, Ms. McCloskey gave up the Bryco handgun she brandished during the June 2020 confrontation, and Mr. McCloskey agreed to relinquish ownership of the weapon he used, an AR-15 rifle. Neither will face jail time under the plea deal.In a brief interview, Joel J. Schwartz, a lawyer for the McCloskeys, said, “They are very happy with the disposition of the case and will have the fine paid as early as possible and look forward with moving on with their life and focusing on his campaign for the U.S. Senate.”Outside the courthouse, Mr. McCloskey agreed with prosecutors that he had put the protesters in danger. “That’s what the guns were there for, and I’d do it again anytime the mob approaches me,” he said.Patricia McCloskey and her husband, Mark, aimed firearms at protesters who marched through their neighborhood last June.Lawrence Bryant/ReutersRichard Callahan, the special prosecutor assigned to the case, said in a statement that the plea agreement was reasonable, in part, because no shots had been fired, nobody had been injured and the McCloskeys had called the police. “The protesters, on the other hand, were a racially mixed and peaceful group, including women and children, who simply made a wrong turn on their way to protest in front of the mayor’s house,” Mr. Callahan said.On June 28, 2020, protesters, many of whom were Black, marched past the McCloskeys’ home, which is on a private street, on their way to the home of Mayor Lyda Krewson, a Democrat, who lives nearby. Ms. Krewson had angered local residents after she went on Facebook Live and read the names and addresses of people who had said the police should be defunded.The McCloskeys said they had felt they were in imminent danger from the protesters. Images of the couple pointing their weapons at protesters circulated widely, garnering national attention.The day after the protest, President Donald J. Trump retweeted a video of the gun-toting couple. In July, the Circuit Attorney’s Office in St. Louis filed felony charges against them. In August, they spoke at the Republican National Convention.The couple maintained that they had acted in self-defense, in order to prevent the demonstrators from entering their home and harming them. “I really thought it was storming the Bastille, that we would be dead and the house would be burned and there was nothing we could do about it,” Mr. McCloskey told KSDK, a local television station, last year. In an interview on Fox News, Mr. McCloskey said, “We chose to stop them from coming in.” Mr. McCloskey also told KSDK, “My wife doesn’t know anything about guns” but had felt compelled to defend their home.Republicans and conservatives rallied to the couple’s defense. Mr. Trump later said the prosecution of the couple was “a disgrace.” Senator Josh Hawley of Missouri, a Republican, had said the case against the McCloskeys “is a politically motivated attempt to punish this family for exercising their Second Amendment rights.”The attention helped catapult Mr. McCloskey into politics. Last month he announced he would run as a Republican for the U.S. Senate seat currently held by Roy Blunt, a Republican, who earlier announced he would not seek re-election next year. More

    • 125 Shares99 Views

      in Elections

      Senate Confirms Top Biden Judge as McConnell Threatens Future Nominees

      by

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

    • 125 Shares149 Views

      in Elections

      In Congress, Republicans Shrug at Warnings of Democracy in Peril

      by

      As G.O.P. legislatures move to curtail voting rules, congressional Democrats say authoritarianism looms, but Republicans dismiss the concerns as politics as usual.WASHINGTON — Senator Christopher S. Murphy concedes that political rhetoric in the nation’s capital can sometimes stray into hysteria, but when it comes to the precarious state of American democracy, he insisted he was not exaggerating the nation’s tilt toward authoritarianism.“Democrats are always at risk of being hyperbolic,” said Mr. Murphy, Democrat of Connecticut. “I don’t think there’s a risk when it comes to the current state of democratic norms.”After the norm-shattering presidency of Donald J. Trump, the violence-inducing bombast over a stolen election, the pressuring of state vote counters, the Capitol riot and the flood of voter curtailment laws rapidly being enacted in Republican-run states, Washington has found itself in an anguished state.Almost daily, Democrats warn that Republicans are pursuing racist, Jim Crow-inspired voter suppression efforts to disenfranchise tens of millions of citizens, mainly people of color, in a cynical effort to grab power. Metal detectors sit outside the House chamber to prevent lawmakers — particularly Republicans who have boasted of their intention to carry guns everywhere — from bringing weaponry to the floor. Democrats regard their Republican colleagues with suspicion, believing that some of them collaborated with the rioters on Jan. 6.Republican lawmakers have systematically downplayed or dismissed the dangers, with some breezing over the attack on the Capitol as a largely peaceful protest, and many saying the state voting law changes are to restore “integrity” to the process, even as they give credence to Mr. Trump’s false claims of rampant fraud in the 2020 election.They shrug off Democrats’ warnings of grave danger as the overheated language of politics as usual.“I haven’t understood for four or five years why we are so quick to spin into a place where part of the country is sure that we no longer have the strength to move forward, as we always have in the past,” said Senator Roy Blunt of Missouri, a member of Republican leadership, noting that the passions of Republican voters today match those of Democratic voters after Mr. Trump’s triumph. “Four years ago, there were people in the so-called resistance showing up in all of my offices every week, some of whom were chaining themselves to the door.”For Democrats, the evidence of looming catastrophe mounts daily. Fourteen states, including politically competitive ones like Florida and Georgia, have enacted 22 laws to curtail early and mail-in ballots, limit polling places and empower partisans to police polling, then oversee the vote tally. Others are likely to follow, including Texas, with its huge share of House seats and electoral votes.Because Republicans control the legislatures of many states where the 2020 census will force redistricting, the party is already in a strong position to erase the Democrats’ razor-thin majority in the House. Even moderate voting-law changes could bolster Republicans’ chances for the net gain of one vote they need to take back the Senate.And in the nightmare outcome promulgated by some academics, Republicans have put themselves in a position to dictate the outcome of the 2024 presidential election if the voting is close in swing states.“Statutory changes in large key electoral battleground states are dangerously politicizing the process of electoral administration, with Republican-controlled legislatures giving themselves the power to override electoral outcomes on unproven allegations,” 188 scholars said in a statement expressing concern about the erosion of democracy.Demonstrators protesting new voting legislation in Atlanta this month. Fourteen states, including Georgia, have enacted laws to restrict practices like early voting. Brynn Anderson/Associated PressSenator Angus King, an independent from Maine who lectured on American politics at Bowdoin College before going to the Senate, put the moment in historical context. He called American democracy “a 240-year experiment that runs against the tide of human history,” and that tide usually leads from and back to authoritarianism.He said he feared the empowerment of state legislatures to decide election results more than the troubling curtailments of the franchise.“This is an incredibly dangerous moment, and I don’t think it’s being sufficiently realized as such,” he said.Republicans contend that much of this is overblown, though some concede the charges sting. Senator Patrick J. Toomey, Republican of Pennsylvania, said Democrats were playing a hateful race card to promote voting-rights legislation that is so extreme it would cement Democratic control of Congress for decades.“I hope that damage isn’t being done,” he added, “but it is always very dangerous to falsely play the race card and let’s face it, that’s what’s being done here.”Mr. Toomey, who voted to convict Mr. Trump at his second impeachment trial, said he understood why, in the middle of a deadly pandemic, states sharply liberalized voting rules in 2020, extending mail-in voting, allowing mailed ballots to be counted days after Election Day and setting up ballot drop boxes, curbside polls and weeks of early voting.But he added that Democrats should understand why state election officials wanted to course correct now that the coronavirus was ebbing.“Every state needs to strike a balance between two competing values: making it as easy as possible to cast legitimate votes, but also the other, which is equally important: having everybody confident about the authenticity of the votes,” Mr. Toomey said.Mr. Trump’s lies about a stolen election, he added, “were more likely to resonate because you had this system that went so far the other way.”Some other Republicans embrace the notion that they are trying to use their prerogatives as a minority party to safeguard their own power. Senator Rand Paul of Kentucky said the endeavor was the essence of America’s system of representative democracy, distinguishing it from direct democracy, where the majority rules and is free to trample the rights of the minority unimpeded.“The idea of democracy and majority rule really is what goes against our history and what the country stands for,” Mr. Paul said. “The Jim Crow laws came out of democracy. That’s what you get when a majority ignores the rights of others.”Democrats and their allies push back hard on those arguments. Mr. King said the only reason voters lacked confidence in the voting system was that Republicans — especially Mr. Trump — told them for months that it was rigged, despite all evidence to the contrary, and now continued to insist that there were abuses in the process that must be fixed.“That’s like pleading for mercy as an orphan after you killed both your parents,” he said.Senator Angus King, an independent from Maine, said he feared the empowerment of state legislatures to decide election results more than the troubling curtailments of the franchise.Anna Moneymaker for The New York TimesSenator Tim Kaine, Democrat of Virginia, said in no way could some of the new state voting laws be seen as a necessary course correction. “Not being able to serve somebody water who’s waiting in line? I mean, come on,” he said. “There are elements that are in most of these proposals where you look at it and you say, ‘That violates the common-sense test.’”Missteps by Democrats have fortified Republicans’ attempts to downplay the dangers. Some of them, including President Biden, have mischaracterized Georgia’s voting law, handing Republicans ammunition to say that Democrats were willfully distorting what was happening at the state level.The state’s 98-page voting law, passed after the narrow victories for Mr. Biden and two Democratic candidates for Senate, would make absentee voting harder and create restrictions and complications for millions of voters, many of them people of color.But Mr. Biden falsely claimed that the law — which he labeled “un-American” and “sick” — had slapped new restrictions on early voting to bar people from voting after 5 p.m. Senator Chuck Schumer of New York, the majority leader, said the Georgia law had ended early voting on Sunday. It didn’t.And the sweep — critics say overreach — of the Democrats’ answer to Republican voter laws, the For the People Act, has undermined Democratic claims that the fate of the republic relies on its passage. Even some Democrats are uncomfortable with the act’s breadth, including an advancement of statehood for the District of Columbia with its assurance of two more senators, almost certainly Democratic; its public financing of elections; its nullification of most voter identification laws; and its mandatory prescriptions for early and mail-in voting.“They want to put a thumb on the scale of future elections,” Senator John Cornyn, Republican of Texas, said on Wednesday. “They want to take power away from the voters and the states, and give themselves every partisan advantage that they can.”Senator Mitt Romney, Republican of Utah, who could conceivably be a partner in Democratic efforts to expand voting rights, called the legislation a “fundamentally unserious” bill.Republican leaders have sought to take the current argument from the lofty heights of history to the nitty-gritty of legislation. Senator Mitch McConnell of Kentucky, the minority leader, pointed to the success of bipartisan efforts such as passage of a bill to combat hate crimes against Asian Americans, approval of a broad China competition measure and current talks to forge compromises on infrastructure and criminal justice as proof that Democratic catastrophizing over the state of American governance was overblown.But Democrats are not assuaged.“Not to diminish the importance of the work we’ve done here, but democracy itself is what we’re talking about,” said Senator Brian Schatz of Hawaii. “And to point at other bills that don’t have to do with the fair administration of elections is just an attempt to distract while all these state legislatures move systematically toward disenfranchising voters who have historically leaned Democrat.”Mr. King said he had had serious conversations with Republican colleagues about the precarious state of American democracy. Authoritarian leaders like Vladimir V. Putin, Viktor Orban and Adolf Hitler have come to power by election, and stayed in power by warping or obliterating democratic norms.But, he acknowledged, he has yet to get serious engagement, largely because his colleagues fear the wrath of Mr. Trump and his supporters.“I get the feeling they hope this whole thing will go away,” he said. “They make arguments, but you have the feeling their hearts aren’t in it.” More

    • 88 Shares99 Views

      in Elections

      How Joe Manchin Can Fix the Filibuster

      by

      It’s easy to sympathize with the liberal desire to bury the Senate filibuster forever. The 60-vote threshold for Senate legislation is a choke point in a political system defined by gridlock, sclerosis and futility. It provides an excuse for policy abdication, encouraging the legislative branch to cede authority to the presidency and the courts, and the Republican Party to decline to have a policy agenda at all. Its history is checkered, its pervasive use is a novelty of polarization, and its eventual disappearance seems inevitable — so why not adapt now? More

    • 88 Shares149 Views

      in Elections

      How Democrats Should Approach the Midterm Elections

      by

      Since most of us are sleeping better in the quietude of a sane presidency, it’s tempting to ignore the current craziness of the Republican Party. Between the QAnon wackos, the anti-vaccine conspiracy theorists, the voter suppression hard-liners, the coup enthusiasts and the election deniers, the party is showing a mash-up of madness.But here’s the scariest part of all that: They’re still likely to take the House next year during the midterm elections, and possibly the Senate, as they continue to rewrite rules in several states to make it easier to compromise fair elections.That means the Biden presidency, though riding high on a popular economic agenda and public health competence, may turn out to be a brief, single-term calm between two storms of authoritarianism.Democrats can blame themselves, in part. They’ve given just enough ammunition to Republicans that a party waging war on democracy is on the cusp of undermining much of that democracy next year.The Republican tank of ideas is full of the tired and the preposterous. Cut taxes for the wealthy. Climate change is fake. Make voting harder. And the big unifier: The 2020 presidential election was stolen. Try finding a national majority for any of that. So the Republican Party will run on what the Democrats have given them. Or at least what the far left of the party has given them.“G.O.P. candidates in 2022 will happily accuse Democratic opponents of wanting to defund the police and teach contempt for the country in schools,” wrote James A. Baker III, a venerable party operative, sketching a rosy scenario in The Wall Street Journal. It’s a powerful one-two punch: Dems will make us less safe while preaching identity politics to the kids.Republicans already control a majority of statehouses, and with them, the redistricting process. They need a net gain of only five seats to take the House, and a lone pickup to get control of the Senate.The warning signs were there in 2020, and in a recent local election in which Democrats lost in a Latino-heavy part of Texas. Joe Biden won the popular vote by more than seven million, but Democrats suffered a net loss of 11 House seats.In a post-mortem, Representative Sean Patrick Maloney, the New York Democrat overseeing his party’s congressional campaigns, told The Washington Post that the “lies and distortions about defund and socialism carried a punch.”The way to hold off the barbarians on the right should be pretty simple. A unified Democratic message — helping people live better lives with a targeted hand from government — is hugely popular. It’s the essence of both the $1.9 trillion American Rescue Plan Act and Biden’s proposed infrastructure bill. And it should be the essence of what voters think about when they think about Democrats.Another message, on cultural issues, is much less popular. In a recent congressional race for an open seat in New Mexico, Democrats won in a landslide by emphasizing economic fairness while directly confronting attacks on law and order. The winner, Melanie Stansbury, ran an ad that featured support from a former sheriff’s deputy.The rise in violent crime is now the top concern of many voters across the country, according to a Yahoo News/YouGov survey, and in the Democratic primary for New York City mayor, according to a recent poll by Spectrum News NY1/Ipsos. Polling also shows that a majority of Americans oppose defunding the police, and Maloney says it’s a “pernicious lie” to label Democrats as the party of defund. But lies, fueled by lefty overreach in some cities as well as social media amplification, tend to have a much longer shelf life than boring talk about infrastructure.On race, the great reckoning that began with George Floyd’s death last year should continue to expose the overlooked lowlights of history and work to get rid of the bias built into the system.But in promoting the teaching of critical race theory — a term so misunderstood that it’s best known now as a Republican weapon — some educators have played into the hands of the Trumpers, even those less talented in the dark art of demagoguery. At the annual Lincoln Reagan Dinner in New Hampshire in early June, former Vice President Mike Pence said that children are being taught “to be ashamed of their skin color,” a popular Republican talking point.If the message is that being born white is something akin to the Roman Catholic concept of original sin, then there’s bound to be a backlash among the moderate voters who came around to Democrats in the Trump era.The longtime liberal strategist Ruy Teixeira warned of this very thing in his newsletter in May and said moderates are afraid to push back. “The administration is doing nothing to head off this impending culture war in the schools because to do so would bring the wrath of the stridently woke sector of the Democratic Party down upon Biden’s head,” he wrote.Trump is diminished but still very dangerous. His party is stocked with brick-headed deniers. Nearly three in 10 Republicans said they think he will be reinstated in the White House this year. This month, Trump called his defeat “the crime of the century” and got applause when he denounced critical race theory.Democrats won’t be able to contain the tornado of awfulness around Trump with the “stridently woke,” in Teixeira’s words. Common-sense politics may not be a rallying cry, but it wins elections.Timothy Egan (@nytegan) is a contributing Opinion writer who covers the environment, the American West and politics. He is a winner of the National Book Award and the author of, most recently, “A Pilgrimage to Eternity.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More