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      Democrats Need to Pick Up the Pace of Putting Judges on the Bench

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      With the outcome of the 2024 elections for the president and control of the Senate very much up in the air, Democrats must make a concerted effort to fill federal judicial vacancies before next November.Republicans did this very effectively before the end of the Trump presidency, leaving few vacancies for President Biden to fill when he took office. Now the Democrats must emulate that approach. And they must do so now.At the moment, there are two vacancies without nominees on appeals courts and 37 on district courts. Because the evaluation process of nominees takes time, it is imperative that the Biden administration quickly name nominees to those and future vacancies. The Senate then must work expeditiously to confirm those deemed suitable for the lifetime appointments.Mr. Biden has nominated 186 people to Article III judgeships, which include the Supreme Court and the federal appeals and district courts, according to the White House. At this point in their tenures, George W. Bush had nominated 211, followed by Mr. Trump’s 206, according to the Heritage Foundation’s Judicial Appointment Tracker. There have been inexplicable and troubling delays in this process. For example, two years ago, Judge Diana Motz of the United States Court of Appeals for the Fourth Circuit in Richmond, Va., announced that she would take senior status, a form of semiretirement, when a successor was confirmed. She took senior status last year, though no replacement had been named at that time. And still no one has been nominated for this important judgeship.Time may be running out for the Biden administration.It is critical for federal judges who would like to be replaced by a Democratic president to take senior status so that Mr. Biden can appoint their successors with sufficient time to allow them to be confirmed by the current Senate. A federal judge or justice may take senior status after meeting the age and service requirements of the “Rule of 80” — the judge must be at least 65 years old, and the judge’s age and years of service must add up to 80. A total of 121 federal judges are now eligible for senior status but have not announced their plans, according to the group Balls and Strikes, which tracks that information. Of those, 44 were appointed by Democratic presidents. By Jan. 20, 2025, the date of the next presidential inauguration, that number could rise to 69.There is little reason for judges not to take senior status. They can continue to hear cases, even carry a full load of cases. And taking senior status allows the president to fill that seat on the bench. The judge can condition taking senior status on the confirmation of a successor. A senior judge typically is not allowed to participate in en banc decisions, where all (or a significant number) of the judges on the court review a matter that is particularly significant or complex. But that is the main restriction on what a senior judge may do.We are long past the time when it could be said that judges appointed by Republican and by Democratic presidents were indistinguishable. This was made clear in an analysis of Supreme Court rulings published in July 2022 by the data-driven news site FiveThirtyEight, which found the partisan divide among the current justices “is deeper than it’s been in the modern era.”And this partisan divide is not confined to the Supreme Court. There are often huge differences between how judges in the lower courts who were appointed by Democratic and by Republican presidents decide cases. For example, a federal appeals court recently upheld Tennessee and Kentucky laws prohibiting gender-affirming care for transgender minors, with the two Republican-appointed judges siding with the states and a judge initially nominated by President Bill Clinton dissenting. Whether it is reproductive rights or gun rights or employee rights, or in countless other areas, the outcome often depends on which president appointed the judge or judges hearing the case.For that reason, I wrote an opinion article in The Los Angeles Times in March 2014 urging Justice Ruth Bader Ginsburg, then 81, to retire so that President Barack Obama could replace her while there was a Democratic Senate and someone with progressive values would take her seat. She took offense at the suggestion, also raised by others, and remained on the bench until she died in September 2020, when President Trump replaced her with the conservative Justice Amy Coney Barrett. Justice Ginsburg gambled, and America lost.Likewise, I think of the liberal federal court of appeals judges who did not take senior status, though they were eligible during the Obama presidency. For example, Judge Stephen Reinhardt of the Ninth Circuit declined to take senior status; when he died at age 87 in 2017 President Trump replaced him with a conservative judge. By the time another liberal Ninth Circuit judge, Harry Pregerson, decided to take senior status in late 2015, he was 92, and though Mr. Obama quickly nominated a replacement, it was late in his term and got caught up in politics and President Trump ended up appointing another conservative to the seat.Creating vacancies will matter only if Mr. Biden quickly names replacements and the Senate confirms the nominees. If the president is not re-elected, the Republican president will fill any vacancies that exist upon taking office. And regardless of the outcome of the presidential election, if the Republicans take control of the Senate, the confirmation of judicial candidates nominated by a Democratic president will be far more difficult. That is why immediate action is imperative.A president’s most long-lasting legacy is arguably the judges he appoints. Many will serve for decades after the president leaves office. Republicans have tended to recognize this much more than Democrats. That needs to change, and quickly.Erwin Chemerinsky is the dean of the law school at the University of California, Berkeley.Source photographs by John Slater and SergeyChayko/Getty ImagesThe Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Trump Endorses Kari Lake’s Senate Run in Arizona

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      Ms. Lake, a Trump ally, embraced the former president’s lies about winning the 2020 election in her failed run for Arizona governor last year. Former President Donald J. Trump endorsed Kari Lake for Senate in Arizona as she runs in what will be one of the nation’s most consequential Senate races. “Kari is one of the toughest fighters in our movement,” Mr. Trump said in a video aired at Ms. Lake’s campaign rally on Tuesday evening.The move comes weeks after Mr. Trump told a prospective Republican candidate, Blake Masters, who lost a race for the other Senate seat in the state last year, that he would lose the primary against Ms. Lake if he ran, according to people familiar with their conversation.Ms. Lake, a Trump ally and former news anchor, embraced the former president’s lies about winning the 2020 election in her failed run for Arizona governor last year. She also refused to accept her defeat. He pointed to her as an example of how to win, in a conversation between Mr. Trump and Mr. Masters that was recorded by a television camera trailing Mr. Masters.Arizona, along with West Virginia, Montana and Ohio, are seen as among the best opportunities for Republicans to pick up Senate seats next year and win back a majority.Ms. Lake is running for the seat held by Senator Kyrsten Sinema, who dropped her Democratic affiliation last year to be an independent. Ms. Sinema hasn’t announced whether she will run for re-election, but the race already includes Representative Ruben Gallego, a Democrat.Michael C. Bender More

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      Running San Francisco Made Dianne Feinstein

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      When I was interviewing Senator Dianne Feinstein in 2011 for a book about San Francisco’s tumultuous history from the 1960s to the ’80s, she suddenly began to tear off her microphone and terminate the exchange. My offense? I asked about her decision as mayor of the city to veto a 1982 ordinance that would have extended health insurance benefits to live-in partners of municipal employees, including lesbians and gay men. I managed to coax the irate Ms. Feinstein back into her chair, but she had clearly drawn a line: I’m ready to leave whenever I don’t like the direction this is headed.Ms. Feinstein could be imperious, thin-skinned and intolerant. She was also the leader that San Francisco sorely needed on Nov. 27, 1978, when she was abruptly thrust, at the age of 45, into City Hall’s Room 200 after Mayor George Moscone and Supervisor Harvey Milk were assassinated by another colleague, Dan White.“This will not be a rudderless city,” she firmly told the shellshocked public after the murders, even though she was shaken by them. When she met with the hastily assembled press soon after the killings, her skirt was stained with Mr. Milk’s blood.During her nine plus years as the first female mayor of the famously cantankerous metropolis, Ms. Feinstein won the grudging respect of the old boys’ network that had always run City Hall. She managed to steer San Francisco between the liberal, freewheeling future that Mr. Moscone aimed toward — the era of San Francisco values — and its older, more conservative traditions, including its downtown business interests. As mayor, she opposed rent control on vacant housing and some demands from the gay community, like domestic partner legislation. But she also pushed through a tough gun control ordinance, environmental regulations and pro-labor laws and hosted a wedding ceremony of lesbian friends in her backyard.All the while, she kept a strong hand on the rudder, emphasizing law and order and putting more cops on the streets but also drawing the line against police mayhem after the White Night riot and violent police sweep of the gay Castro district after the stunningly lenient verdict for Mr. White.“This city has to be managed,” she said. “If you don’t manage, it falls apart.”The Chinatown activist Rose Pak witnessed Ms. Feinstein’s hands-on approach one day when she was riding with her in the mayoral limousine. Spotting an older man collapsed on the sidewalk, Ms. Feinstein ordered her chauffeur to stop, jumped out, wiped foam from the stricken man’s lips and began administering mouth-to-mouth resuscitation on him. People later commented that this incident proved she was not a cold fish.“But I didn’t see it that way,” Ms. Pak recalled. “I saw her as a doctor’s daughter and a doctor’s widow, doing the proper clinical thing.”Most important, Ms. Feinstein became a national face of AIDS compassion when President Ronald Reagan was ignoring the growing suffering and conservative activists like Patrick Buchanan were crowing that the disease was nature’s “awful retribution” on gay men. When the gay progressive supervisor Harry Britt, who often clashed with the mayor, brought Ms. Feinstein the city’s first AIDS proposal in 1982, she told him simply, “Fund everything.”Other cities dumped their AIDS patients on San Francisco, including a notorious incident in 1983 when hospital officials in Gainesville, Fla., put a dying man on a plane to the city, miles from his loved ones. San Francisco took care of the sick men, but Ms. Feinstein denounced the practice as “outrageous and inhumane.”“Dianne spent more time visiting AIDS patients in hospitals than I did,” Mr. Britt remembered. “She was a giver. She was a very compassionate person. I don’t want to say ‘queenly,’ because that sounds negative, but she was a good queen.”Led by Ms. Feinstein — and the city’s gay and lesbian activists and frontline medical workers — San Francisco wrapped the sick and dying men in its arms and finally became the city of its eponymous friar, St. Francis, who cared for the needy.San Francisco made Dianne Feinstein, but until the gunfire that exploded at City Hall, she had concluded that her political career as a city supervisor was over. After returning from a challenging trek through the Himalayas that month with her future husband, the investment banker Richard Blum, she recalled, “I was firmly convinced I was not electable as mayor.”Ms. Feinstein was widely perceived as too starchy, a goody-goody, the Margaret Dumont in a wacky city filled with Marx Brothers. She was raised to be a political animal; her paternal uncle Morris Goldman, a clothing manufacturer and Democratic Party wheeler-dealer, took her as a girl to “board of stupidvisors” meetings and pointed out how the flick of a city boss’s cigar could change the vote tally. But later, as a young civic reformer, when she visited a hippie commune in the Haight-Ashbury district that had been trashed by a police raid or seedy porn theaters or the down-and-out Tenderloin neighborhood (where she posed as a prostitute in a wig), Ms. Feinstein came off as slightly ridiculous.Newly elected to the San Francisco Board of Supervisors, Ms. Feinstein addressed the hard-luck worshipers at Glide Memorial Church, lecturing them about the importance of good hygiene and hard work — and predictably got a tepid response from the congregation. “Dianne,” Glide’s minister, the Rev. Cecil Williams, told her later, “you don’t talk that way to these folks. If they had a place to get cleaned up, most of them would get cleaned up. If they could get a job, they’d get a job.”But Ms. Feinstein — a daughter of privilege, educated at the exclusive Convent of the Sacred Heart High School and Stanford University — did her political homework. She was ready to lead when history came calling.One day in 1979, when Ms. Feinstein, then the interim mayor, was campaigning for election, she went door to door in the city’s rough and redeveloped Fillmore district. Suddenly she was approached by a man who pointed a silver pistol at her head and pulled the trigger. She froze in fear; the City Hall assassinations happened the year before. Out of the man’s gun shot a butane flame instead of a bullet. She quickly gathered herself and went on campaigning. She won the election, even though The San Francisco Chronicle and key political establishment figures supported her more conservative opponent.“She ran the city with an iron fist,” Mike Hennessey, a progressive who served as San Francisco’s sheriff for 32 years, told me. “Of all the mayors I’ve worked with, she was the best. That’s because she took responsibility for this city. San Francisco is a very hard city to run. It’s very politically fractious. It takes a lot of work to hold it together. And that’s what Feinstein did.”In her three decades in the U.S. Senate, to which she was elected in 1992 (four years after her last term as mayor), Ms. Feinstein turned in a more mixed record. Over the years, she gained wide respect, even across the political aisle, for her hard work and political wisdom. But her success at banning assault weapons was undone, and her legislative record is uneven at best.In 2017, as a San Francisco Chronicle columnist, I warned Ms. Feinstein not to run again the next year for the Senate, writing that she would then be 85 and too old for the rigors of the job. But she didn’t listen — and neither did California’s voters.When I think of Dianne Feinstein, I think of her as San Francisco’s mayor. She may not have been the leader many San Franciscans (including me) wanted, but she was the one we needed.David Talbot is the author of, among other books, “Season of the Witch: Enchantment, Terror and Deliverance in the City of Love.” The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      What if the Framers Got Something Critical Wrong?

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      Here are three instances in American history, out of many, when the rules of our system preserved a failed or suboptimal status quo against the views — and the votes — of a majority of Americans and their representatives.In 2021, 232 members of the House of Representatives voted to impeach President Donald Trump for his role in summoning and provoking the mob that attacked and ransacked the United States Capitol building on Jan. 6. Not long after, 57 members of the Senate voted to convict Trump. But because the Constitution demands a two-thirds supermajority for conviction in an impeachment trial, the considered decision of a substantial majority of Congress — backed by a substantial majority of the public — was thwarted by the veto of a self-interested, partisan minority.A couple of generations earlier, between 1971 and 1972, the vast majority of lawmakers in Congress — 354 members of the House and 84 members of the Senate — voted to pass the Equal Rights Amendment and send it to the states. Most Americans, according to surveys at the time, wanted to make the E.R.A. the 27th amendment to the Constitution. And within five years of passage in Washington, legislatures in 35 states — which constituted a majority of the nation’s legislators — had voted for ratification. But 35 states was three short of the three-fourths needed for the amendment to succeed. By the time the deadline for ratifying the E.R.A. came in 1982, the amendment was essentially dead in the water.Decades before that, in 1922, the Dyer Anti-Lynching Bill passed the House, 230 to 119. It was supported by President Warren G. Harding, a Republican, as well as the large Republican majority in the Senate. But that majority was not large enough to overcome a Democratic filibuster — spearheaded by Jim Crow lawmakers from the South — and the bill died before it could come to a vote. It would take a full century after the death of the Dyer bill for Congress to pass, and the president to sign, an anti-lynching bill into law.The American political system — with its federalism, bicameralism and separation of powers — consists of overlapping majoritarian and counter-majoritarian institutions designed to promote stability and continuity at the expense of popular government. Not content to build structural impediments to change, the framers of the Constitution also insisted on supermajority thresholds for a number of key actions: executive and judicial impeachment, ratification of foreign treaties and the passage and ratification of constitutional amendments. The Constitution also allows for the legislature to make its own rules regarding its conduct and both chambers of Congress have, at different points in their histories, adopted de facto supermajority rules for passing legislation.Americans are so accustomed and acculturated to these supermajority rules that they often treat their value as self-evident — a natural and necessary part of American constitutionalism. No, we don’t want to subject our every political decision to simple majority rule. Yes, we want to raise the highest possible barrier to removing a president or changing the rules of the game.Defenses of supermajority rules tend to rest on claims related to what appears to be common sense. The argument goes like this: Supermajority rules stabilize our political institutions, encourage deliberation, secure consensus for change and protect minorities from the tyranny of overbearing majorities. But as the political theorist Melissa Schwartzberg argues in her 2014 book, “Counting the Many: The Origins and Limits of Supermajority Rule,” the story isn’t so simple, and the actual value of supermajority rules isn’t clear at all.It is certainly true that supermajority rules promote stability of institutions and the norms that are supposed to govern them. There is a reason, after all, that the United States Constitution has only been amended 27 times in 235 years. But, Schwartzberg asks, “How can we determine which norms are worth stabilizing” since “for any given political community, different institutional arrangements could ensure security of expectations and make ordinary political life possible — even the set of rights and their scope could vary.”Do we defer to the wisdom of the framers? What if, in our estimation, they got something critical wrong? And even if they didn’t, should the dead hand of the past so strongly outweigh the considerations of the present? Do we defer to wisdom and tradition under the assumption that stability is de facto evidence of consent?But here’s where we come to the Catch-22, because the stability of our system rests on supermajority rules so strong that they stymie all but the broadest attempts to change that system. And who is to say that stability is such a paramount goal? In a dynamic society, which is to say in a human society, promoting stability with little institutional recourse for reform might ultimately be more disruptive because it creates friction, and thus energy, that will be released one way or another.What of the claim that supermajority rules — like the filibuster or the ones that structure the constitutional amendment process — promote consensus? Here again, Schwartzberg says, we have to think carefully about what we mean. If by consensus we mean the aggregate opinions of the community, then there might be a basis for supporting supermajority rules, although that raises another question: What is the threshold for success? The two-thirds demand for impeachment in the Senate, for example, is essentially arbitrary. So is the three-fourths of states threshold for ratifying a constitutional amendment. There is no rational standard to use here, only a feeling that “most” people want something.In which case, if what you want is some general sense that a specific outcome is what the community or legislative body generally wants, then it’s not clear that supermajority rules are the optimal solution. Consider what Schwartzberg calls an “acclamatory” conception of consensus. In this version, what the community believes is true or prudent is what it is “willing to let a belief stand as the group’s view,” even if there is a significant minority that disagrees.Not every American may believe, to use Schwartzberg’s example, that “freedom of the press ought to be unlimited,” but they are “willing to accept that the view of the United States is that Congress should not restrict the ability of newspapers to publish as they see fit.” As citizens, Schwartzberg writes, “they recognize they are implicated in this view, even if as private individuals they may disagree with it.”If what we want out of a decision to remove a president or pass an amendment is an acclamatory consensus of this sort, then rather than set a supermajority rule — which would permit a minority to preserve a status quo that no longer commands the acclamatory support of the group — what we might use instead, Schwartzberg suggests, is a system that privileges serious and long-term deliberation, so that the minority on a particular question feels satisfied enough to consent to the view of a simple majority, even if it still disagrees.As for the question of minority protection from majority tyranny, one of the quirks of nearly all supermajority rules is that they make no distinction between different kinds of minorities. This means that they are as likely to protect and strengthen privileged and powerful minorities as they are to empower and defend weak ones. Looking at the American experience, we see much more of the former than we do of the latter, from the arc of the “slave power” in antebellum America to the specific case of the Dyer Anti-Lynching Bill to recent efforts to protect the civil rights of more vulnerable Americans.This gets to the most powerful point Schwartzberg makes about the impact of supermajority rules on democratic life. Democracy, she writes, “entails a commitment to the presumption of epistemic equality among its citizens.” Put another way, democracy assumes an equal capacity to judge one’s interests — or at least what an individual believes is her interest. This epistemic equality is “manifested institutionally in formally equal voting power.” In a democracy, our political institutions should affirm the fact that we are equal.In the United States, ours do not. The rules of the game here tend to elevate the views and judgments of some citizens over others, to the point where under certain circumstances small, factional minorities can rule with no regard for the views of the majority in their communities. Whether it is the supermajority rules of the Senate or the counter-majoritarianism of the Electoral College and the Supreme Court, our system makes it clear that some voices are more equal than others.One might say, even so, that the wisdom of the framers and of past generations holds true. But as Americans struggle against their own counter-majoritarian institutions and supermajoritarian rules to stop the ascendance of a wannabe authoritarian, I am not so sure that wisdom holds true.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      With Shutdown Looming, Biden Points to Republican Infighting

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      The president and his team insist they do not want the government to shut down. But they are also confident that Republicans will receive the blame if it does.President Biden’s shutdown strategy is simple: Avoid one, if possible. But if not, make sure Americans know whom to blame.His aides at the White House and in his re-election campaign have spent the past several days describing the consequences of what they call an “extreme Republican shutdown” of the government: delayed disaster relief; no food stamps for poor women and children; no pay for troops, air traffic controllers, Border Patrol or Transportation Security Administration agents.“They pull the country toward an extreme government shutdown in the name of draconian cuts to education, law enforcement, Meals on Wheels and Head Start,” Andrew Bates, a White House spokesman, said in describing House Republicans.The president and his team are quick to insist that they do not want a shutdown, especially a lengthy one, because of the harms that would ripple across America. But they are also confident that Republicans will receive the blame, as they have during standoffs that temporarily shuttered government agencies in years past.White House aides also believe that the intraparty fighting in Congress is putting Republican dysfunction on display, to the benefit of Mr. Biden and Democrats. Speaker Kevin McCarthy and a handful of his most conservative colleagues are refusing to keep the government open unless their demands for border security and spending cuts are met. “Extreme House Republicans are playing partisan games with people’s lives and marching our country toward a government shutdown that would have damaging impacts across the country,” the White House said in a statement on Thursday, highlighting nearly 2,000 disaster recovery projects that would be delayed by a shutdown.Mr. McCarthy has tried to draw Mr. Biden into the drama by suggesting that he would be responsible for a work stoppage because of his refusal to support Republican proposals for more restrictions on migrants at the border with Mexico.Speaker Kevin McCarthy has suggested Mr. Biden is responsible for a government shutdown because of his refusal to support Republican proposals on immigration.Kenny Holston/The New York Times“The president, it’s in his hands,” Mr. McCarthy, Republican of California, told reporters on Capitol Hill this week. “He can keep the government open by taking an action on the border.”Mr. Biden has also been under pressure from members of his own party to confront the surge of migrants at the border, thousands of whom are putting enormous stress on social services in big cities like New York and Boston.The president and his aides have pointed to their efforts to provide more migrants with a chance to receive work permits. And they have repeatedly noted that Republicans blocked a comprehensive overhaul of the nation’s immigration system that might have helped the authorities manage migration more easily.Advisers to Mr. Biden, who spoke on the condition of anonymity to discuss White House and campaign strategy, are confident that — with a little nudging — Americans will place the blame squarely on House Republicans if the government shuts down this weekend. That could benefit the president for the remainder of his term, they say, by bolstering his leverage with lawmakers and eroding support for the Republican majority in the House.Campaign aides also say the sense of disgust among Americans with the shenanigans on Capitol Hill will help Mr. Biden’s re-election campaign by sharpening the contrast with his rivals. Former President Donald J. Trump, the leading candidate for the Republican nomination, has urged House conservatives to shut down the government, a move that Mr. Biden’s advisers and supporters are quick to point out.“Except for President Trump, who called for Republicans to shut down the government, no one actually wants this, because it means real people will get hurt,” said Stephanie Cutter, a veteran Democratic strategist who has helped presidents develop messages inside the White House and during campaigns.Those running Mr. Biden’s campaign would be wise to repeatedly draw the public’s attention to the similarities between Mr. Trump and his conservative allies in Washington, Ms. Cutter said.“Republican infighting and dysfunction is the best example of the difference between Bidenomics and MAGAnomics,” she said. “These situations, when you’re thinking about your closing arguments, help you really crystallize the choice voters will have a year from now.”The president’s team has begun to do just that.His campaign issued a statement on Monday blasting Mr. Trump’s call for a shutdown, accusing House Republicans of “gleefully letting Donald Trump function as their chief political strategist at the expense of American families.” Mr. Biden’s most recent campaign ad, titled “The Way,” emphasizes bipartisan legislative achievements even as the current Congress is in stalemate.Inside the West Wing, the president’s closest advisers have been sending out daily talking points for their allies to deliver as a shutdown looms. Stephen Benjamin, the director of public engagement at the White House, and Anita Dunn, one of the president’s top strategists, emphasized those issues on a conference call on Thursday with Democratic surrogates.Aides are encouraging allies to stress several points.First, they are told to repeatedly remind voters that Mr. Biden and Mr. McCarthy shook hands on a spending agreement months ago that was supposed to avert a shutdown. The speaker, under pressure from his conservative members, later reneged on the deal.Second, Biden allies are urged to note how isolated Mr. McCarthy is. Senate Republicans, including Mitch McConnell of Kentucky, the minority leader, have urged their House colleagues to accept a short-term agreement to keep the government open.Senator Mitch McConnell of Kentucky is among the Republicans who have urged their colleagues in the House to accept a short-term agreement to keep the government open.Maansi Srivastava/The New York TimesFinally, Biden officials are asking their supporters to be specific about the pain that a shutdown is likely to inflict.The White House warned in a statement this week of the impact of a shutdown on the Special Supplemental Nutrition Program for Women, Infants and Children, known as WIC, which helps poor families buy food.“During an extreme Republican shutdown, women and children who count on WIC would soon start being turned away at grocery store counters, with a federal contingency fund drying up after just a few days and many states left with limited WIC funds to operate the program,” the statement said.The White House went into further detail with a state-by-state breakdown of exactly how many women, children and infants were enrolled in the program — 421,294 in Florida, 207,728 in Michigan, 139,765 in Arizona and so on — and at risk of losing assistance. 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      Groundswell of Democrats Builds Calling on Menendez to Resign

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      The New Jersey Democrat’s indictment last week initially prompted only a handful of calls from within his party for his exit. But on Tuesday, the dam broke, led by colleagues facing re-election next year.A stampede of Senate Democrats led by some of the party’s most endangered incumbents rushed forward on Tuesday calling for Senator Robert Menendez of New Jersey to resign, a day after he defiantly vowed to fight federal corruption charges and predicted he would be exonerated.Even as Senator Chuck Schumer of New York, the majority leader, defended Mr. Menendez as a “dedicated public servant” and refused to publicly move to push him out, the drumbeat for Mr. Menendez to step down grew from within his ranks. That left Mr. Schumer in a difficult position, caught between his role as the leader and defender of all Senate Democrats and the political imperative of cutting loose a member of his caucus who had become a political liability in an already difficult slog to keep the party’s Senate majority.The most notable call for Mr. Menendez to go came from Senator Cory Booker, the junior senator from New Jersey who has long been a close friend and fierce defender of Mr. Menendez. Mr. Booker, who testified as a character witness for Mr. Menendez during his first corruption trial, said the “shocking allegations of corruption” were “hard to reconcile with the person I know.”He added: “I believe stepping down is best for those Senator Menendez has spent his life serving.”His statement came amid a flood of calls by Democrats running for re-election next year in politically competitive states, who appeared eager to distance themselves from Mr. Menendez. The third-term senator was indicted last week on bribery charges in what prosecutors alleged was a sordid scheme that included abusing his power as chairman of the Senate Foreign Relations Committee to benefit Egypt.The most notable call from Mr. Menendez to go came from Senator Cory Booker, the junior senator from New Jersey who has long been a close friend of Mr. Menendez.Kenny Holston/The New York TimesSenator Jon Tester of Montana, who is running in a state that former President Donald J. Trump won by more than 16 points in 2020, said Mr. Menendez needed to go “for the sake of the public’s faith in the U.S. Senate.” Senator Sherrod Brown of Ohio, a onetime bellwether state that has shifted sharply to the right over the past two presidential election cycles, said Mr. Menendez had “broken the public trust and should resign from the U.S. Senate.”And Senator Jacky Rosen of Nevada, who launched her re-election bid in a battleground state by predicting that her race would decide control of the Senate, said the corruption charges were a “distraction that undermines the bipartisan work we need to do in the Senate for the American people.”Democrats view the fact that they were able to get all of their vulnerable senators to run for re-election in 2024 as their biggest source of strength in their quest to hold onto their slim majority next year.By noon, those vulnerable Democrats had helped open the floodgates, with more than a dozen Democratic senators from across the country joining them and rushing to release statements calling for Mr. Menendez’s resignation ahead of their weekly lunch in the Capitol. By the end of the day, at least 24 Democratic senators — almost half the caucus — had reached the conclusion that their colleague needed to go.Senator Gary Peters of Michigan, the head of the Senate Democrats’ campaign arm who is leading the effort to keep the party’s hold on the majority, was among those calling on him to quit. And New York’s junior senator, Kirsten Gillibrand, said on Tuesday that she agreed with Mr. Booker that Mr. Menendez should step down.Those voices weighing in raised questions about what path Mr. Schumer might take down the line.Mr. Booker often described Mr. Menendez, the senior senator, as a friend, ally and mentor. But the nature of the charges, along with the political landscape of the state, appeared to have played a role in changing his mind.Even before the latest indictment was announced, opinion polls indicated that public support for Mr. Menendez was waning, said Patrick Murray, director of the Polling Institute at Monmouth University in New Jersey.During Mr. Menendez’s first criminal indictment, “New Jersey voters, and particularly Democrats, were willing to give him the benefit of the doubt,” Mr. Murray said. “This time, public opinion is different.”The floodgates may have opened on Tuesday, but it took Democrats in the Senate days to get around to condemning their colleague.On Friday, Mr. Menendez stepped down temporarily as chairman of the Foreign Relations Committee, under the rules put in place by his own party, but Mr. Schumer defended his right to remain in office. Karine Jean-Pierre, the White House press secretary, said any decision about Mr. Menendez’s future in the Senate was “going to be up to him and the Senate leadership.”A lone Democratic voice over the weekend adding to calls for Mr. Menendez to go was Senator John Fetterman of Pennsylvania, who hails from another battleground state. He vowed to return campaign donations from Mr. Menendez’s leadership PAC in envelopes stuffed with $100 bills — an apparent reference to the indictment against Mr. Menendez, which said investigators found jackets and envelopes stuffed with cash at his home, allegedly containing the fruits of the senator’s corrupt dealings.Mr. Fetterman, who has come under criticism from his colleagues for pressing for a dress code change in the fusty Senate to accommodate his shorts-and-hoodie uniform, on Tuesday said he hoped his Democratic colleagues would “fully address the alleged systematic corruption of Senator Menendez with the same vigor and velocity they brought to concerns about our dress code.”Representative Nancy Pelosi, the former House speaker from California, on Monday night also weighed in on the Menendez scandal, helping wedge open the door for detractors, saying on MSNBC that it would “probably be a good idea” for him to resign.Some Republicans, on the other hand, jumped to Mr. Menendez’s defense, arguing that Democrats should have to weather the political consequences of his conduct.“He should be judged by jurors and New Jersey’s voters, not by Democratic politicians who now view him as inconvenient to their hold on power,” Senator Tom Cotton, Republican of Arkansas, wrote on X, previously Twitter.Speaker Kevin McCarthy, however, said on Saturday that Mr. Menendez should go, arguing that the case laid out by prosecutors was “pretty black and white.” In contrast, Mr. McCarthy, a California Republican, has defended one of his own indicted members, Representative George Santos of New York, saying that it was not up to him to decide whether he should represent his district.“You know why I’m standing by him? Because his constituents voted for him,” Mr. McCarthy said of Mr. Santos in January. Mr. Menendez won re-election in 2018 by a 12-point margin.On Tuesday, Mr. McCarthy appeared to change his position on Mr. Menendez, telling reporters that “it could be his choice with what he wants to do.”Christopher Maag More

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      J.D. Vance Is Not Your Usual Political Opportunist

      by

      J.D. Vance was trying to find his groove. I had just shown up at his office last week to interview the Ohio Republican about his first nine months in the Senate, where he has proved curiously hard to pigeonhole. As we sat down, Mr. Vance — at 39, one of the chamber’s youngest members — squirmed in his ornate leather arm chair, complaining that it was uncomfortable. Whoever used it previously, he explained, had created a “giant ass print” that made it a poor fit for him.Then the senator kicked a foot up on the low coffee table in front of him. This gave me a glorious view of his custom socks: a dark-red background covered with pictures of his 6-year-old son’s face. On the far end of the table was a Lego set of the U.S. Capitol that his wife had bought him on eBay for Father’s Day. With his crisp dark suit, casual manner and personal touches, Mr. Vance suddenly looked right at home. I suspected there was some grand metaphor in all this about the young conservative working to carve out his spot in this world of old leather and hidebound traditions.I asked what had been his most pleasant discovery about life in the Senate. “I’ve been surprised by how little people hate each other in private,” he offered, positing that much of the acrimony you see from lawmakers was “posturing” for TV. “There’s sort of an inherent falseness to the way that people present on American media,” he said.This may strike many people as rich coming from Mr. Vance, who is one of the Republican Party’s new breed of in-your-face, culture-warring, Trump-defending MAGA agitators. And indeed, Mr. Vance knows how to throw a partisan punch. Yet in these early days on the job, he has also adopted a somewhat more complicated political model, frequently championing legislation with Democrats, including progressives such as Elizabeth Warren and Tammy Baldwin.Pragmatic bipartisan MAGA troll feels like a dizzying paradoxical line to toe. And it risks feeding into the larger critique of Mr. Vance as a political opportunist. This is, after all, the guy who won attention in the 2016 election cycle as a harsh conservative critic of Mr. Trump, only to undergo a stark MAGA makeover and spend much of his 2022 Senate race sucking up to the former president. “I don’t know that I can disrespect someone more than J.D. Vance,” Mitt Romney, the Utah senator and former Republican presidential nominee, told his biographer about the party’s 2022 midterm contenders. “It’s like, really? You sell yourself so cheap?”Mr. Vance is not one to ignore such swipes. “Mitt Romney is one to talk about changing his mind publicly. He’s been on every side of 35 different issues,” he clapped back to Breitbart News.But there seems to be something going on with Mr. Vance beyond the usual shape-shifting flip-floppery. He contends that his approach is the more honest, hopeful path to getting things done for the conservative grass roots. In his telling, he’s not the cynical operator; his critics are.In some respects — especially with his defense of Mr. Trump — the freshman senator is transparently full of bull. But when it comes to how to navigate and possibly even make progress in today’s fractious G.O.P., not to mention this dysfunctional Congress, he may well be onto something.Mr. Vance and I sat down on a morning when Congress was all a dither over a possible government shutdown being driven by a spending fight among House Republicans. While sympathetic to his colleagues’ concerns, Mr. Vance saw the battle as unfocused, unproductive and bad for the party.“My sense is this shutdown fight will go very poorly for us unless we’re very clear about what we’re asking for,” he told me. With different blocs of Republicans demanding different things, “that’s just going to get confused, and the American people are going to punish us for it.”He argued that if the conservatives would hunker down and focus, they could get one major concession. “And we should be fighting for that one thing,” he said. What did he think they should prioritize? “If we could get something real on border security, then that would be a deal worth taking.”Mr. Vance described himself less an ideological revolutionary than a principled pragmatist. He did not come to Washington to blow up the system or overhaul how the Senate operates. He said his outlook was, “There are things I need to get done, and I will do whatever I need to do to do them.”If this means making common cause with the political enemy now and again, so be it. “I am a populist in a lot of my economic convictions, and so that will lead to opportunities to working with Democrats,” he reasoned.Mr. Vance’s cross aisle endeavors include teaming up with Ms. Warren to push legislation that would claw back compensation from bank executives who were richly paid even as they were “crashing their banks into a mountain,” as Mr. Vance put it. He has joined forces with Ms. Baldwin on a bill that would ensure that technologies developed with taxpayer money are manufactured in the United States. He is working with Senators Amy Klobuchar and Ron Wyden on a bill to reduce thefts of catalytic converters. And in the coming weeks, his focus will be on pushing through railway safety reform that he and Ohio’s senior senator, Sherrod Brown, introduced in the wake of the derailment disaster in East Palestine. That is the bill about which he was most optimistic. “We have 60 votes in private,” he said.Even if nothing makes it through this year, Mr. Vance is playing the long game. “Those productive personal relationships are quite valuable because they may not lead to an actual legislative package tomorrow, but they could two years from now,” he said.Squishy “relationship” talk can be dangerous in today’s G.O.P., even for members of the relatively genteel Senate. Being labeled a RINO — that is, a Republican in Name Only — generally earns one the sort of opprobrium normally reserved for child sex traffickers.But here’s where his MAGA antics may provide a bit of cover. In his brief time in Washington, the senator has proved himself an eager and a prolific culture warrior. The first bill he introduced — an important moment in any senator’s career — aimed to make English the nation’s official language. In July, after the Supreme Court ruled against affirmative action in university admissions, he fired off a letter to the eight Ivy League schools, plus a couple of private colleges in Ohio, warning them to retain any records that might be needed for a Senate investigation of their practices. That same month, he introduced a bill to ban gender-affirming care for minors. He even waded into the hysteria last winter over the health risks of gas stoves. This month, he’s out hawking a bill that would ban federal mask mandates for domestic air travel, public transit systems and schools, and bar those institutions from denying service to the maskless.Perhaps most vitally, Mr. Vance remains steadfast in his support of Mr. Trump. In June, he announced he was putting a hold on all Justice Department nominees in protest of “the unprecedented political prosecution” of Mr. Trump. And he plans to work hard as a surrogate to return the MAGA king to the White House. “I’m thinking about trying to be as active a participant as possible.”J.D. Vance during a Trump campaign rally last year.Megan Jelinger/Agence France-Presse — Getty ImagesHis critique of Mr. Trump’s critics can be brutal.“Trump is extraordinarily clarifying on the right and extra confusing on the left,” he said. The hatred for Trump among progressives is so strong that people cannot see past it to acknowledge the former president’s “good parts,” he contended. While among conservatives, “Trump has this incredible capacity to identify really, who the good people are on the right and who the bad people are on the right.”Elaborating on the “bad” category, he points to former Representative Liz Cheney and the neoconservative writer Bill Kristol. “They say, ‘Donald Trump is an authoritarian’ — which I think is absurd. ‘Donald Trump is anti-democratic’ — which, again, in my view is absurd. I think they’re hiding their real ideological disagreements,” he argued.Mr. Vance is entitled to his view, of course. But glibly rejecting stated concerns about Mr. Trump’s anti-democratic inclinations — and characterizing his critics’ reactions as “obsessive” — would strike many as the real absurdity.Asked specifically about Mr. Trump’s election fraud lies, which Mr. Vance has at times promoted, the senator again shifted into slippery explainer mode. “I think it’s very easy for folks in the press to latch onto the zaniest election fraud or stolen election theories and say, ‘Oh this is totally debunked,’” he said. “But they ignore that there is this very clear set of institutional biases built into the election in 2020 that — from big tech censorship to the way in which financial interests really lined up behind Joe Biden.”“People aren’t stupid. They see what’s out there,” he said. “Most Republican grass roots voters are not sympathetic to the dumbest version of the election conspiracy. They are sympathetic to the version that is actually largely true.”Except that, as evidence of what is “actually largely true,” Mr. Vance pointed to a 2021 Time article detailing a bipartisan effort not to advance a particular candidate but to safeguard the electoral system. More important, the “dumbest” version of the stolen election conspiracy is precisely what Mr. Trump and his enablers have been aggressively spreading for years. It is what drove the Jan. 6 attack on the U.S. Capitol, landed many rioters in prison, led to Fox News paying a $787.5 million defamation settlement and prompted grand juries to indict Mr. Trump in federal and state courts. Mr. Vance may want to believe that most Republicans are too smart to buy such lunacy, but he is too smart not to recognize the damage to American democracy being wrought by that lunacy.As for those who criticize his approach, Mr. Vance saw them as out of sync with voters. The conservative grass roots are “extremely frustrated with Washington not doing anything,” he said. “I think if you are a critic of them — if you are a critic of the way they see the world — you see people who want to blow up the system. Who are just pissed off. And they want fighters.” And not necessarily fighters who are “directed” or strategic in their efforts, he said, so much as just anyone who channels that rage.By contrast, “if you’re sympathetic to them and you like them,” he continued, you understand that “the problem is not that people don’t bitch enough or complain enough on television.” Rather, it’s that voters are fed up that “nothing changes” even when they “elect successive waves of different people. So I actually think being a bridge builder and getting things done is totally consistent with this idea that people are pissed off at the government as do-nothing.”When I asked how Mr. Vance defined his political positioning, he abruptly popped out of his chair and hurried over to his desk. He returned with a yellow sticky note on which he drew a large grid. Along the bottom of the paper he scrawled “culture” and on the left side, “commerce.” He started drawing dots as he explained: “I think the Republican Party has tended to be here” — top right quadrant, indicating a mix of strong cultural and pro-business conservatism. He added, “I think the Democratic Party has tended to be here,” pointing to the bottom left quadrant, which in his telling represents a strong liberal take on both. “And I think the majority, certainly the plurality of American voters — and maybe I’m biased because this is my actual view — is somewhere around here,” he said, placing them on the grid to suggest that people are “more conservative on cultural issues but they are not instinctively pro-business.”Michelle CottleMr. Vance reminded me that he has always been critical of his party’s pro-business bias. And it is primarily in this space that he is playing nice with Democrats.Bridge builder. Deal Maker. MAGA maniac. Trump apologist. Call Mr. Vance whatever you want. And if you find it all confused or confusing, don’t fret. That may be part of the point. Mr. Trump’s Republican Party is something of a chaotic mess. Until it figures out where it is headed, a shape-shifting MAGA brawler who quietly works across the aisle on particular issues may be the best this party has to offer.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      The Democratic Party Has an Old Problem and Won’t Admit It

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      President Biden’s advanced age (80) gets rehashed endlessly, because the human condition makes it inescapable. A deft politician can wait out almost any other liability: Scandals and gaffes fade over time; the economy bounces back; governing errors can be corrected. But Mr. Biden will never be (or appear) younger than he is today. The problem of his age will never fade.In our fixation on Mr. Biden’s age, we often gloss over the role the Democratic Party has played in promoting and lionizing its older leaders, then muddling through when illness or death undermines their ability to govern. The party’s leaders seem to believe implicitly in the inalienable right of their aging icons to remain in positions of high power unquestioned, long after it becomes reasonable to ask whether they’re risking intolerable harm.The party has come to operate more like a machine, in which lengthy, loyal service must be rewarded with deference. It is why Mr. Biden has not drawn a credible primary challenger, when polling and reporting alike suggest that Democrats are deeply anxious about his ability to mount a vigorous campaign and serve another full term.And it is that deference, from those who seek to protect Democratic leaders from all but the mildest criticism, that ensures that we keep reliving the same bad dream, where each subsequent election comes with higher stakes than the last. It leaves grass-roots supporters to see all their hard work — and democracy itself — jeopardized by the same officials who tell them they must volunteer and organize and donate and vote as if their lives depend on it. And for millions of younger voters, it becomes increasingly hard to believe that any of it matters: If defeating Republicans is a matter of existential urgency for the country, why is the Democratic Party so blasé about elevating leaders who are oblivious to the views of the young people who stand to inherit it?I peg the beginning of this recurring nightmare to the year 2009, when Senator Ted Kennedy’s death nearly derailed President Obama’s signature health care reform and ultimately deprived Democrats of their Senate supermajority, which they might have used to pass more sweeping legislation than they did. Eleven years later, Justice Ruth Bader Ginsburg also died in office. Her death was a hinge point where history turned and swept much of her substantive legacy into the dustbin; worse, it left living Americans to toil indefinitely under the legacy that replaced hers.There were gentle behind-the-scenes efforts and a robust public persuasion campaign meant to convince Justice Ginsburg to retire when Democrats still controlled the Senate and President Obama could have appointed her replacement, but there were plenty of liberals urging her to stick it out. Christine Pelosi, the daughter of Nancy Pelosi, who was then the House minority leader, cheered Justice Ginsburg for ignoring the calls for her to step down. “You Go Ginsburg! Resist that sexist Ageism,” she wrote.Despite all of this terrible history, we face a similar challenge today: an aging party, and a Democratic establishment not just unwilling to take decisive action to stave off disaster but also reluctant to even acknowledge the problem.When Senator Dianne Feinstein of California (90) developed complications from shingles earlier this year and was unable to fulfill her duties, leaving Senate Democrats unable to swiftly advance judicial nominations, the elder Ms. Pelosi framed the calls for Ms. Feinstein to step aside as a form of injustice. “I’ve never seen them go after a man who was sick in the Senate in that way,” Ms. Pelosi told reporters.She herself has ignored years of (gentle, always gentle) hints that it was time to step aside in favor of younger leaders with less political baggage. She did finally relinquish her leadership role in 2022, after losing the House majority for the second time in 12 years, but earlier this month, she said she would run for her House seat again.The end of Ms. Pelosi’s speakership has reduced the overall risk level somewhat. If she or Ms. Feinstein were to die in office, it wouldn’t be terribly destabilizing, the way it was when Mr. Kennedy and Justice Ginsburg died, and the way it would if Mr. Biden did. But it does feed the deeper and perhaps more insidious problem: a widespread sense of alienation among the young voters Democrats desperately need to turn out in elections.This should not go on. Liberals are apparently doomed to white-knuckle it through 2024, but there are affirmative steps Democrats could take to better allow younger leaders to displace older ones.Paradoxically, the G.O.P. may provide a model the Democrats can use. Although the Republican base is older, it does a better job insulating itself from gerontocracy than Democrats do. Republicans are obviously far from perfect champions of their own self-interest. Their penchant for personality cults has wedded them to Donald Trump, who also happens to be old, but they are vulnerable to charlatans of all ages. That’s in part because they take steps to reduce the risk that they lose power by the attrition of elderly leaders. Justice Anthony Kennedy timed his retirement so a Republican president could replace him; the House G.O.P. has cycled through several leaders over the past decade and a half, none of them terribly old. When Kentucky’s Democratic governor Andy Beshear defeated the Republican incumbent Matt Bevin, Mitch McConnell, the Senate minority leader, encouraged his allies in the Kentucky Legislature to circumscribe Mr. Beshear’s appointment power — to ensure partisan continuity in Washington, should a Senate seat become vacant. So although Mr. McConnell seems committed to serving out his term, he has a succession plan.Democrats could adopt a similarly hard-nosed attitude about retiring their leaders in dignified but timely ways. Republicans term-limit the chairs of their congressional committees, which guarantees senior lawmakers cycle out of their positions and make way for younger ones.Even just acknowledging this issue — and encouraging good-faith dissent — would boost Mr. Biden’s credibility with younger voters. While a political conversation that sidesteps this uncomfortable topic, along with any number of others, might soothe anxious partisans, it will leave them unprepared for hard realities.Democratic Party actors may be able to convince themselves that there’s something high-minded about muzzling this discourse entirely — that vigorous intraparty criticism is self-defeating, and that complaining about Mr. Biden’s age when nothing can be done about it is a form of indulgent venting that only inflames public misgivings about the president. But they’d be wrong. We can see without squinting that his advanced age has created meaningful drag on his polling, and that it is a gigantic problem for the Democratic Party if younger voters, who are overwhelmingly progressive, come to view it as a lifestyle organization for liberals who have grown out of step with the times. Airing out widely held frustrations with the party’s gerontocracy might persuade younger voters that their leaders get it, and that their time in power will come to an end sooner than later.Brian Beutler (@brianbeutler) writes Off Message, a newsletter about politics, culture and media.Source images by Liudmila Chernetska, Adrienne Bresnahan and xu wu/Getty ImagesThe 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