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      The Polite Disdain of John Roberts Finds a Target

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      Although the three branches of the American government were designed to be coequal, the structure of the Constitution tells us something about the relative power of each branch, as envisioned by the framers.Article I establishes the legislature. Article II establishes the executive branch. And Article III establishes the federal judiciary. It is true that the branches share powers and responsibilities. But it’s also true that the framers trusted Congress — the representative branch — with far more authority than it did the president or the Supreme Court.Congress makes laws. Congress spends money. Congress approves the president’s cabinet and says whether he can appoint a judge or not. Congress structures the judiciary and Congress sets the size of the Supreme Court and the scope of its business.The upshot of all of this is that when Congress calls, the other branches are supposed to answer — not as a courtesy, but as an affirmation of the rules of the American constitutional order. The modern Congress might be weak, and the presidency, against the expectations of the framers, might be the center of American political life, but it’s still newsworthy when a member of the executive branch says he or she won’t meet with the legislature.Chief Justice John Roberts is in a different branch of government, the judiciary. But he — a constitutional officer confirmed to his seat by the Senate — is still subject to the power of Congress to question and investigate his conduct. When Congress calls, he too should answer.Last week, Congress called the chief justice. In the wake of revelations concerning the friendship between Justice Clarence Thomas and Harlan Crow, a billionaire Republican donor, the chairman of the Senate Judiciary Committee, Senator Dick Durbin of Illinois, invited Roberts to testify at an upcoming hearing on Supreme Court ethics rules.“There has been a steady stream of revelations regarding justices falling short of the ethical standards expected of other federal judges and, indeed, of public servants generally,” Durbin wrote in his letter to the chief justice. “These problems were already apparent back in 2011, and the Court’s decade-long failure to address them has contributed to a crisis of public confidence.”“The time has come for a new public conversation on ways to restore confidence in the Court’s ethical standards,” Durbin went on to say. “I invite you to join it, and I look forward to your response.”This week Roberts answered. He said, in a word, no.“I must respectfully decline your invitation,” Roberts wrote. “Testimony before the Senate Judiciary Committee by the chief justice of the United States is exceedingly rare as one might expect in light of separation of powers concerns and the importance of preserving judicial independence.”This deceptively polite reply sounds reasonable for as long as you can manage to forget the fact that it is questions about the ethical conduct of the court and its members that have compromised the independence of the court. Was Thomas influenced by the largess of his billionaire benefactor? Was Justice Samuel Alito influenced by an explicit campaign to curry favor with the conservative justices? Was Justice Neil Gorsuch influenced by the lucrative sale of a Colorado property, in the wake of his confirmation, to the head of a powerful law firm with ample business before the court?It is with real chutzpah, in other words, that Roberts has claimed judicial independence in order to circumvent an investigation into judicial independence.More striking than this evasion is the manner in which Roberts ended his reply. Faced with serious questions about the integrity of the court, he pointed to a nonbinding ethics document that has done almost nothing to prevent these situations from arising in the first place. “In regard to the Court’s approach to ethics matters,” he wrote, “I attached a Statement of Ethics Principles and Practices to which all of the current members of the Supreme Court subscribe.”Roberts did not write an aggressive or confrontational letter. And yet, he is quietly making an aggressive and confrontational claim about his own power and authority and that of the court’s. “Separation of powers,” in Roberts’s view, means the court is outside the system of checks and balances that governs the other branches of government. “Judicial independence,” likewise, means neither he nor any other member of the court has any obligation to speak to Congress about their behavior. The court checks, according to Roberts, but cannot be checked.A number of legal scholars have remarked on the judicial power grab of the past several years, in which courts across the federal judiciary have seized key governing decisions from the legislative and executive branches and disparaged the ability of elected officials to, as Josh Chafetz of Georgetown University Law Center writes, “engage in principled, competent governance.”As one of the architects of this development in American politics, Roberts is essentially using this letter to make plain to Congress the reality of the situation: I will not speak, and you cannot make me. And he’s right, not because Congress doesn’t have the power, but because it doesn’t have the votes. In the absence of a majority of votes, the Senate Judiciary Committee cannot subpoena a justice. In the absence of 218 votes, the House cannot impeach a justice. And in the absence of 67 votes, the Senate cannot remove a justice.There are steps Congress could take to discipline the court — shrinking its budget, reducing the scope of its docket, imposing ethics rules itself, even making it “ride circuit” à la the 19th century — but those require a majority in the House and a supermajority in the Senate because of the filibuster, as well as a consensus among lawmakers (and specifically, Democrats) to follow through if they ever have the chance to do so.It is not especially dramatic, but this exchange with Chief Justice Roberts over the court, its ethics and its responsibility to the public and its representatives has done more than almost anything else in recent memory to illustrate a key reality of American politics in this moment: that our Supreme Court does not exist in the constitutional order as much as it looms over it, a robed tribunal of self-styled philosopher-kings, accountable to no one but themselves.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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      Biden Is Running on His Record as President. Here’s Where He Stands.

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      President Biden has acknowledged that he has not accomplished all he wished to. But that, he maintains, is an argument for his re-election.WASHINGTON — Just hours after formally kicking off his re-election campaign, President Biden appeared on Tuesday before a crowd of union supporters chanting “four more years” to outline his case for a second term.In his telling, unsurprisingly, the record sounds pretty good — more jobs, more roads and bridges, more clean energy, more opportunities for workers without college degrees. In just two and a half years, he argued, he has helped restore America following a debilitating pandemic and societal collapse. “Our economic plan is working,” he maintained.But as with any incumbent seeking a renewal by voters, there is the record he is running on and the record he is running away from. During his address to more than 3,000 members of North America’s Building Trades Unions, Mr. Biden made no mention of the promises he has failed to achieve so far or the setbacks that have left him with some of the lowest approval ratings of a president at this point in their term.Mr. Biden’s record looks different depending on the angle from which it is viewed, all the more so in polarized times when voters and viewers migrate to their own corners of the information world for radically different vantage points. The president is either the mature leader fixing the country as he stands against the forces of evil or he is the leader of the forces of evil destroying the country.“Under my predecessor, infrastructure week became a punchline,” Mr. Biden told the union members, mocking former President Donald J. Trump’s failure to pass legislation rebuilding the nation’s worn public facilities that his successor did succeed in enacting. “On my watch, infrastructure has become a decade headline — a decade.”Mr. Trump, now seeking a rematch against Mr. Biden in 2024, gave his potential opponent no credit. “When I stand on that debate stage and compare our records,” he said in a statement, “it will be radical Democrats’ worst nightmare because there’s never been a record as bad as they have, and our country has never been through so much.”Along with the $1 trillion infrastructure package, which passed with Republican votes, Mr. Biden can boast of sweeping legislative victories that would have seemed improbable when he took office. Among other measures he pushed through a Congress with narrow Democratic majorities were a $1.9 trillion Covid-19 relief package; major investments to combat climate change; lower prescription drug costs for seniors; increased corporate taxes; expanded treatment for veterans exposed to toxic burn pits and incentives to turbocharge the semiconductor industry.He has been unable, however, to fulfill other major promises, including an assault weapons ban; an immigration overhaul providing a path to citizenship for migrants in the country illegally; two years of free community college; free universal preschool for all three- and four-year-olds; national paid sick leave; greater voting rights protections; and policing changes to counter excessive force. Some of those were never realistic in the first place, but Mr. Biden was the one to highlight them as priorities.His economic record is similarly complicated. More than 12 million jobs have been created since he took office as the economy bounced back from the pandemic, and unemployment is at or near its lowest level in a half-century. But inflation rocketed up to its highest level in four decades, which some critics blamed on excessive federal spending under Mr. Biden, although cost increases have been a global phenomenon. Likewise, gas prices shot up to record levels. While both have begun to come back down — inflation has fallen from 9 percent to 5 percent — Americans remain skittish about the economy, according to polls, and economists still worry about a possible recession.After fitful starts, Mr. Biden has presided over the easing of the Covid pandemic and accompanying restrictions despite vaccine resistance among many, especially on the political right. But he has failed to quell a surge of migration at the southwestern border, where attempted crossings have hit record highs, and Republicans blame him for a wave of crime, which actually began while Mr. Trump was still in office.Mr. Biden has worked to reverse Mr. Trump’s impact on the judiciary, pushing through more judicial appointments through the Senate in his first two years than his predecessor had, but the pipeline has slowed in recent months with the absence of an ailing Senator Dianne Feinstein, Democrat of California, from the Judiciary Committee. Mr. Biden fulfilled his promise to appoint the first Black woman to the Supreme Court, Ketanji Brown Jackson.Where he has not been able to work his will on lawmakers, he has relied on an expansive interpretation of his executive power to achieve policy goals, most notably his decision to forgive $400 billion in student loans. But such actions are inherently subject to court challenges, and analysts expect the Supreme Court to overrule the student loan decision.In the international arena, Mr. Biden worked to revitalize international ties that had frayed under Mr. Trump, recommitting to NATO and rejoining the Paris climate change accord. But his effort to resurrect the Iran nuclear agreement abandoned by Mr. Trump has gone nowhere.Mr. Biden’s withdrawal of American forces from Afghanistan after 20 years turned into a debacle, leading to a swift and brutal takeover of the country by the Taliban and a chaotic withdrawal of troops and allies, with fleeing Afghans swarming American planes and a suicide bomber killing 13 American troops and 170 civilians.Although Mr. Trump has criticized Mr. Biden over the episode, the president was carrying out a pullout deal that his predecessor struck with the Taliban, a pact that one of Mr. Trump’s own national security advisers called a “surrender agreement.” Some experts argue the fiasco at the Kabul airport emboldened President Vladimir V. Putin of Russia to assume that Mr. Biden was weak.But Mr. Biden rallied the world when Mr. Putin invaded Ukraine last year to isolate Moscow and cut off much of its financial ties with the West. With bipartisan support, Mr. Biden has committed more than $100 billion to arm Ukraine’s military and enable its government and people to survive the Russian onslaught. American assistance helped the Ukrainians surprise Russian invaders by preventing the takeover of their capital and most of the country, but the situation remains volatile.It remains volatile at home as well. Mr. Biden made the theme of his inaugural address his desire to unite the country after the divisions of the Trump years. And while he has to some extent lowered the temperature in Washington and worked at times with Republicans, America remains deeply polarized.Republicans accuse Mr. Biden of being the divisive one, citing his rhetoric assailing “MAGA Republicans” and blaming him for the investigations of his rival, Mr. Trump, although there is no evidence of involvement by the president.In his campaign kickoff video and subsequent speech on Tuesday, Mr. Biden acknowledged that he has not accomplished all he wished to. But that, he maintained, was an argument for his re-election. “We’ve got a lot more work to do,” he said. More

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      Abortion Surges to the Center of the 2024 Campaign

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      Nearly a year after the Supreme Court turned abortion into a dominant issue of the 2022 midterms, the battle over abortion rights has catapulted to the center of the emerging 2024 election season, igniting Democrats, dividing Republicans and turbocharging sensitive debates over health care.From North Carolina to Nevada, Democrats running at every level of government are vowing to make support for abortion rights a pillar of their campaigns, and to paint their opponents as extremists on the issue.And as races intensify, Republicans are caught between the demands of their socially conservative base and a broader American public that generally supports abortion rights, exposing one of the party’s biggest political liabilities as it tries to win back the White House, recapture the Senate and expand its narrow House majority.This month, a Wisconsin judge won a crucial State Supreme Court race after running on her support for abortion rights.Jamie Kelter Davis for The New York TimesAll of those dynamics have crystallized over the last month. First, a liberal Wisconsin judge won a crucial State Supreme Court race by a commanding margin after running assertively on her support for abortion rights. A few days later, a conservative judge in Texas took the extraordinary step of moving to invalidate the Food and Drug Administration’s approval of the abortion pill mifepristone. The Supreme Court on Friday said the pill would remain widely available for now, halting two separate rulings, including the Texas ruling, while an appeal moves forward.Democrats cast the Supreme Court’s order as a close call, and warned that many Republicans still want as many abortion restrictions as possible, including a national ban. At the same time, Republican presidential hopefuls — whose teams generally did not respond to requests for comment on the Supreme Court’s ruling on Friday night — are straining to find their footing on the issue.Gov. Ron DeSantis of Florida recently signed a ban on abortion after six weeks of pregnancy, when many women do not know they are pregnant, staking out a position that conservatives applauded, but one that could hurt him in a general election with moderate voters. Others, like Senator Tim Scott of South Carolina, have struggled to articulate firm positions. And former President Donald J. Trump, whose choices for the Supreme Court helped overturn Roe v. Wade, recently angered anti-abortion leaders by emphasizing state power over the issue rather than a national ban.“I’m worried that we let the Democrats use the issue to define us, because we aren’t very good at our own messaging,” said the Republican governor of New Hampshire, Chris Sununu, who signed a measure that banned abortions after 24 weeks, with some exceptions. Mr. Sununu, who calls himself “pro-choice,” was the rare possible Republican presidential candidate to offer a comment on the court’s ruling on Friday: “Good call by the Supreme Court.”Representative Suzan DelBene, a Washington Democrat who leads the House Democratic campaign arm, said Republicans had moved in an increasingly “extreme” direction on abortion. She pointed, for instance, to an Idaho law criminalizing those who help a minor get an out-of-state abortion without parental permission, and to threats more broadly to abortion medication.“It’s dangerous, and people are angry,” she said. “We’re going to see that in 2024 in elections across the country.”Anti-abortion demonstrators gathered in front of the Supreme Court as part of the 50th March for Life in Washington in January. Haiyun Jiang/The New York TimesAs President Biden moves toward announcing a re-election bid as soon as Tuesday, one of his advisers predicted that the issue of abortion rights would be more significant in 2024 than it was last year, as Americans experience the far-reaching results of overturning Roe.Democrats are carefully monitoring — and eagerly broadcasting — the positions on abortion taken by Republicans in the nascent stages of primary season. And they are pressing their own succinct message.“We support women making decisions regarding their health care,” said Senator Gary Peters, a Michigan Democrat who leads the Democratic Senate campaign arm. “Not politicians, not judges.”Republicans are far more divided on what their pitch should be — and party officials acknowledge this poses a steep challenge.“We support women making decisions regarding their health care,” said Senator Gary Peters, a Michigan Democrat. “Not politicians, not judges.”Julia Nikhinson for The New York TimesConflict always emerges between the demands of primary voters and the preferences of general-election swing voters. But the overturning of Roe has drastically complicated this calculus for Republican candidates. They now face detailed questions about whether to support national bans; how soon into a pregnancy abortion bans should apply; what exceptions, if any, to permit; and how they view medication used in instances of abortions and miscarriages.“We wrap ourselves around the axle trying to nuance our position as a candidate or a party through the primary, knowing that we’re going to have to reexplain ourselves in the general,” Mr. Sununu said. “It comes off as disingenuous, convoluted, and at the end of the day, it really chases away voters.”The fault lines in the party were illuminated again this past week. After a spokesman for Mr. Trump indicated to The Washington Post that the former president believed abortion should be decided at the state level, the anti-abortion group Susan B. Anthony Pro-Life America issued a stern rebuke.Gov. Ron DeSantis of Florida signing a 15-week abortion ban into law in April 2022. This month, he signed a more restrictive six-week ban.Paul Hennessy/SOPA Images, via Sipa USA“We will oppose any presidential candidate who refuses to embrace at a minimum a 15-week national standard to stop painful late-term abortions while allowing states to enact further protections,” Marjorie Dannenfelser, the president of the organization, said in a statement.In a separate statement, Mr. Trump’s campaign said he “believes it is in the states where the greatest advances can now take place to protect the unborn,” while declaring him the “most pro-life president in American history.”There will be no shortage of opportunities for Republican candidates to highlight their anti-abortion credentials and to navigate the fallout from the Supreme Court’s decision, starting as soon as Saturday, at a gathering of the Iowa Faith and Freedom Coalition. On Tuesday, Nikki Haley, the former United Nations ambassador, is also expected to give a speech on abortion.Bob Vander Plaats, a socially conservative leader in Iowa whose organization is expected to host a gathering with presidential candidates this summer, said, “There’s a lot of ways to determine a person’s bona fides when it comes to the sanctity of human life, but I guarantee you the Texas ruling will be discussed.”The issue of abortion, he said, “will be a cornerstone issue in the Iowa caucuses. It will be a cornerstone issue in the Republican primary.”On Thursday, Ronna McDaniel, the chair of the Republican National Committee, tried to help her candidates navigate the subject, suggesting that opposing abortion after 15 weeks of pregnancy was a strong position politically, somewhat mirroring polling she has been showing to members of her party.“In 2022, a lot of Republican candidates took their D.C. consultants’ bad advice to ignore the subject,” she said in a speech. Noting the onslaught of Democratic ads on the subject, she said, “most Republicans had no response.”She urged Republicans to cast Democrats as “extreme” on the issue, a message echoed by some working on House and Senate races who say Democrats should be pressed on what limitations they support.Nicole McCleskey, a Republican pollster who worked for the successful re-election campaign of Gov. Kim Reynolds of Iowa last year, pointed to Ms. Reynolds, Gov. Mike DeWine of Ohio and Gov. Brian Kemp of Georgia as examples of leaders who embraced tight abortion restrictions but were not defined by that issue alone. All three swept to comfortable victories in states that often lean right, but are not the nation’s most conservative states.“This last election saw some candidates who were unclear or changed their position, lacked conviction and were unprepared to talk about this issue,” she said. “If you have those things — if you have conviction, if you have empathy, if you are prepared and you know how to define yourself and your opposition,” she added, “we can successfully navigate this issue.”But some candidates have shown little interest in managing a rhetorical balancing act.The issue is likely to come to a head in North Carolina, home to what may be the most consequential governor’s race of 2024, with Gov. Roy Cooper, a Democrat, term-limited.“I’m worried that we let the Democrats use the issue to define us, because we aren’t very good at our own messaging,” said Gov. Chris Sununu of New Hampshire, a Republican. Sophie Park for The New York TimesMark Robinson, the state’s often incendiary lieutenant governor and a Republican, is expected to announce a run for governor as soon as Saturday. Mr. Robinson, who has said that he and his now-wife aborted a pregnancy decades ago, has since made clear that he wants greater restrictions on abortion rights in North Carolina, where Republicans now have supermajorities in the state legislature. The procedure is currently legal up to 20 weeks of pregnancy in the state.Josh Stein, the state’s Democratic attorney general who is running for governor, said in an interview that there was “no question” that he saw abortion rights as being directly on the ballot. That message was effective for Democrats in governor’s races in several critical states last year.“The only reason North Carolina doesn’t have a ban on abortion now is because we have a Democratic governor,” Mr. Stein said.A spokesman for Mr. Robinson declined to comment for this article.For Democrats elsewhere, it can be more challenging to argue that their races will decide the fate of abortion rights in their state, especially in places where abortion protections are codified. And it is far too soon to know what mix of issues will ultimately determine 2024 campaigns.Still, Democrats noted that if the Supreme Court had let the Texas ruling stand, that would have had major nationwide implications — and many stress the possibility of national abortion bans, depending on the makeup of the White House and Congress.“Even though we may have current protections for this in Nevada, if a nationwide abortion ban is imposed, Nevadans will suffer, and women will die,” Senator Jacky Rosen of Nevada, a Democrat who recently announced her re-election bid, said in an interview.In a statement, Ms. Rosen called the Supreme Court order “a temporary relief.” But in the interview, she said the Texas ruling underscored how one conservative judge could threaten the power of a major government agency.“It’s pretty frightening,” she said. More

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      Where the Likely 2024 Presidential Contenders Stand on Abortion

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      Not quite a year after the Supreme Court overturned Roe v. Wade, abortion continues to be one of the main issues shaping American politics.Abortion is not fading as a driving issue in America, coming up again and again everywhere policy is decided: in legislatures, courts, the Oval Office and voting booths.An 11-point liberal victory in a pivotal Wisconsin Supreme Court race last week was fueled by the issue. Days later, a Texas judge invalidated the Food and Drug Administration’s 23-year-old approval of the abortion drug mifepristone (late Wednesday, an appeals court partly stayed the ruling but imposed some restrictions). And Florida, under Gov. Ron DeSantis, a likely Republican presidential candidate, is poised to ban abortion after six weeks’ gestation.The fallout from the Supreme Court’s revocation of a constitutional right to abortion last year looks poised to be a major issue in the upcoming presidential race. So where do the likely candidates stand?Here is what some of the most prominent contenders, declared and likely, have said and done:Anti-abortion protesters rallying in Indiana last July while lawmakers there debated an abortion ban during a special session.Kaiti Sullivan for The New York TimesPresident BidenPresident Biden condemned the ruling invalidating the approval of mifepristone, which his administration is appealing, and called it “another unprecedented step in taking away basic freedoms from women and putting their health at risk.”Mr. Biden has a complicated history with abortion; before his 2020 presidential campaign, he supported restrictions, including the Hyde Amendment, which prohibits federal funding for most abortions. But he has since spoken more forcefully in defense of unfettered access, including endorsing congressional codification of the rights Roe v. Wade used to protect.White House officials have said he is not willing to disregard the mifepristone ruling, as some abortion-rights activists have urged.Mr. Biden has said he is planning to run in 2024, but has not formally declared his candidacy.Donald J. TrumpMore than perhaps any other Republican, former President Donald J. Trump is responsible for the current state of abortion access: He appointed three of the six Supreme Court justices who overturned Roe v. Wade and the district judge who invalidated the approval of mifepristone. But lately, he has been loath to talk about it.Last year, Mr. Trump privately expressed concern that the ruling overturning Roe would hurt Republicans — and it did, both in the midterms and in the Wisconsin Supreme Court election.If elected again, he would be under tremendous pressure from the social conservatives who have fueled the Republican Party for decades — and who helped elect him in 2016 — to support a national ban. He has not said whether he would do so.Ron DeSantisGov. Ron DeSantis of Florida, whom polls show as the top potential Republican competitor to Mr. Trump, is pushing forward with the Florida Legislature to ban most abortions after six weeks. The bill passed on Thursday and was sent to Mr. DeSantis’s desk. Polls show that most Americans, including Floridians, oppose six-week bans.It is a more aggressive posture than he took last year, when Florida enacted a ban after 15 weeks and Mr. DeSantis — facing re-election in November — did not commit to going further. He made his move after winning re-election by a sweeping margin.Nikki HaleyAt a campaign event in Iowa this week, Nikki Haley, a former governor of South Carolina and former United Nations ambassador, gestured away from anti-abortion absolutism — saying that she did not “want unelected judges deciding something this personal.”But her comments were muddled: She said she wanted to leave the issue to the states, but at the same time suggested that she would be open to a federal ban if she thought there was momentum for one.“This is about saving as many babies as we can,” she said, while adding that she did not want to play the “game” of specifying when in pregnancy she believed abortion should be allowed.Asa HutchinsonSince starting his presidential campaign this month, former Gov. Asa Hutchinson of Arkansas has said only that he is “proud to stand squarely on my pro-life position” when it comes to abortion.He has not detailed what, if any, federal legislation he would support.Last year, Mr. Hutchinson criticized the lack of an exception for rape and incest in an Arkansas abortion ban he had signed. When he signed it, he said that he wanted the exception but legislators didn’t, and that he accepted their judgment as the will of voters — though a poll last year found that more than 70 percent of Arkansans supported such an exception.Mike PenceA staunch social conservative, former Vice President Mike Pence has been more open than most Republicans about continuing to advertise his opposition to abortion.“Life won again today,” he said in a statement on the mifepristone ruling. “When it approved chemical abortions on demand, the F.D.A. acted carelessly and with blatant disregard for human life.” Last year, Mr. Pence said anti-abortion activists “must not rest” until abortion was outlawed nationwide. Mr. Pence is considering a 2024 run, but has not formally joined the race.Tim ScottSenator Tim Scott of South Carolina repeatedly dodged questions about whether he supported federal restrictions on abortion in the days after announcing a presidential exploratory committee this week.Asked in an interview with CBS News whether he supported a 15-week ban, he called himself “100 percent pro-life.” When the interviewer suggested that his stance indicated he would support a 15-week ban, he replied, “That’s not what I said.”On Thursday, he told WMUR, a New Hampshire news station, that he would support a 20-week ban, but still did not say whether he would back something stricter. More

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      Clarence Thomas Decided Against the Staycation

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      Bret Stephens: Just for a change, Gail, let’s start with something other than Donald Trump. How about … Clarence Thomas’s junkets?Gail Collins: Absolutely! When Justice Thomas isn’t busy announcing that the Supreme Court could do to contraception what it did to abortion rights, he’s apparently been happily taking luxury yacht and jet trips with his great old friend the billionaire Republican megadonor and Nazi memorabilia collector Harlan Crow. Along with Thomas’s wife Ginni — I guess she was taking time off from trying to overturn the 2020 election.Bret: You know, every time I try and fail to overturn an election, a nice $500,000 vacation in Indonesia helps salve the disappointment.Gail: Bret, I presume the happy couple was having a great holiday weekend despite all the fresh publicity about their trips. They got to listen to all the reports of a Trump-appointed federal judge in Texas blocking the sale of a drug that terminates pregnancy in the first 10 weeks.Next, I guess, Thomas will be suggesting that the only acceptable form of birth control is the rhythm method. Much about him, from his judicial goals to his behavior, is a scandal. Let’s not forget that he’s the one who was confirmed despite the compelling testimony of Anita Hill about his wretched comments.Any chance of getting him tossed off the court, huh? Huh?Bret: Sorry, but the only scandal I see here is that the luxury trips don’t square with Justice Thomas’s self-portrait as a guy who likes to drive his R.V. around the country, spending nights in Walmart parking lots. Until last month, there was no rule requiring justices to disclose this kind of information about vacations with wealthy friends, assuming those friends didn’t have business before the court. Which makes the idea of trying to toss him off the court a nonstarter, not to mention a bad precedent lest some liberal justices turn out to have rich and generous friends, too.Of course, I say all this as someone who’s generally a fan of Justice Thomas, even if I’m not as conservative as he is. If people want to criticize him, it should be for his votes, not his vacations.Gail: I admit my call for a Thomas-toss was probably rhetorical. But intensely felt. I’ve been bitter ever since Mitch McConnell sat on that Supreme Court opening to keep Barack Obama from having a chance to fill it.Bret: Totally agree. I’d sooner toss out McConnell than Thomas.Gail: And while we can’t punish Thomas for his spouse’s misbehavior, Ginni Thomas’s very, very public attempts to get the last presidential election overturned are themselves quite a scandal.Bret: Agree again. But dubious taste in spouses is not an impeachable offense.Gail: So let’s go to Thomas’s opinions, especially that one on abortion.When the court overturned Roe v. Wade, Thomas urged his colleagues to go further and take on issues like the right to contraception. Presuming you weren’t on board with that one?Tasos Katopodis and Michael M. Santiago for Getty ImagesBret: As the father of three kids as opposed to, say, a dozen: no. And definitely not on board with the ruling in Texas on the abortion pill.Gail: So what is it about Thomas you find so … terrif?Bret: Ideology aside, I read his memoir, “My Grandfather’s Son.” I’d recommend it to anyone who hates him, particularly the chapters about his dirt-poor childhood in the Jim Crow South. Few public officials in America today have pulled themselves up as far as he has or against greater odds. Also, I agree with a lot of his jurisprudence, particularly when it comes to issues like eminent domain and affirmative action.But of course I part company on abortion and contraception — no small questions, especially now.Gail: I’ll say.Bret: Speaking of which, you must have been pleased to see a liberal judge in Wisconsin win her election to the state Supreme Court in a landslide, largely on the strength of her pro-choice views. As I predicted last year — and I was not alone — the Dobbs decision is going to hang around Republican necks like a millstone.Gail: Didn’t Trump blame the anti-abortion crowd for all those Republican defeats last fall? He might have been right — although his lousy choice in candidates certainly didn’t help.Bret: Sometimes even Trump has a point. And his opposition to abortion always struck me as being about as sincere as most of his other moral convictions.Gail: Back during his first presidential foray, when he was still speaking to the Times Opinion folk, I remember him telling us how amazed he was to discover you could get a conservative audience wildly excited just by saying something bad about abortion. That is exactly how Trump became anti-choice.Speaking of Trump stuff, I had the strangest experience when he went to court last week. Former president facing 34 felony counts. Nothing like that in all American history.And I found myself feeling … bored. What’s wrong with me?Bret: Nothing is wrong with you. It’s a normal reaction because none of it is news: We’ve known about the hush-money payments to Stormy Daniels for years, and we’ve been discussing this indictment for weeks.On the other hand, it reminds me of what Orson Welles supposedly said about flying — something to the effect that the only two emotions one can possibly have on an airplane are boredom and terror. Watching Trump’s speech in Mar-a-Lago later that night was the terror part for me, because he is very likely to ride this misbegotten indictment all the way to the Republican nomination, not to mention an eventual acquittal on appeal — if it even gets to an appeal.Gail: Listening to the post-indictment speech, I was sorta surprised it was pretty much just … his speech. No sense that this crisis was going to turn anything around. That goes to your point that all this is just another piece of equipment for his re-election tour.Bret: I hate to say this, but in Trump’s lizardly way his speech was masterful. His pitch has always been that he’s fighting a corrupt system — even if what he’s really doing is corrupting the system. And in the progressive district attorney, Alvin Bragg, he’s got a perfect foil. It’s why I hate the fact that this particular case is the one they’re throwing against him. The case in Georgia is so much stronger.Gail: Hey, New York gets the proverbial ball rolling. But trying to overturn the results of a presidential election — really overturn them — is a tad more serious. Once we move on to Georgia, we really move on.Bret: Assuming Trump isn’t president again by the time we get there.I also hate the fact that this case allows him to suck up all of the available political oxygen. All of us in the news media are like moths to the flame, or lambs to the slaughter, or lemmings to the cliff, or, well, pick your cliché.Gail: Hamsters to the wheel? I’d like something more … nonviolent.Speaking of elections, what did you think about the mayoral contest in Chicago? Deep liberal versus conservative Democrat, right? And guess who won.Bret: Seemed to me like a choice between a sane moderate, Paul Vallas, versus a not-so-sane progressive, Brandon Johnson. I wish Johnson well, because I love Chicago and always root for the White Sox except when they play the Yankees. But I’m fearful for its future as a city where people will want to work, invest and build. The No. 1 issue in the city is public safety, and I don’t think that Johnson’s the guy to restore it, even if he no longer supports defunding the police the way he once did.Gail: Pretty hard to combat crime in a city like Chicago unless the law-abiding folks in high-crime neighborhoods have confidence in you.Bret: Sure. Also hard to get cops to do their jobs when they feel their mayor doesn’t have their backs.Gail: Of course, the best thing anybody could do to curb crime in Chicago would be to get guns off the street. The city has very tough gun control laws, but they don’t mean a heck of a lot as long as there’s a massive flow of illegal weapons coming in from outside.Bret: Sorta demonstrating the futility of Chicago gun control …Gail: Bret, we’ve been talking about abortion rights becoming such a powerhouse election issue. Any chance we’ll ever see the same thing happen with guns?Bret: Well, you saw what happened with the state legislators in Tennessee, two of whom got expelled after they held a protest in the legislative chamber. A lot of political theater. Not a lot of legislative accomplishment.Gail: Sigh.Bret: Gail, this week’s conversation has been too depressing. So, if you haven’t already, be sure to read our colleague Esau McCaulley’s beautiful, profound meditation on the meaning of Easter. It’s not my holiday, religiously speaking, but I couldn’t help but be moved by two paragraphs in particular.First, Esau asks: “Isn’t it easier to believe that everyone who loves us has some secret agenda? That racism will forever block the creation of what Martin Luther King Jr. called the beloved community? That the gun lobby will always overwhelm every attempt at reform? That poverty is a fact of human existence? Despair allows us to give up our resistance and rest awhile.”And then: “That indestructibility of hope might be the central and most radical claim of Easter — that three days after Jesus was killed, he returned to his disciples physically and that made all the difference. Easter, then, is not a metaphor for new beginnings; it is about encountering the person who, despite every disappointment we experience with ourselves and with the world, gives us a reason to carry on.”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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      Justices Must Disclose Travel and Gifts Under New Rules

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      The change comes as members of Congress have called for the justices to be held to ethics standards similar to those for the executive and legislative branches.WASHINGTON — Supreme Court justices will be required to disclose more of their activities, including some free trips, air travel and other types of gifts, according to rules adopted earlier this month.Under the new rules, justices and other federal judges must report travel by private jet, as well as stays at commercial properties, such as hotels, resorts or hunting lodges.The move comes as members of Congress have called for the justices, who have long faced less stringent reporting requirements, to be held to ethics standards similar to those for the executive and legislative branches.“To the extent this becomes a model for further activity for the Judicial Conference to clean up the Supreme Court mess, I think that’s significant,” said Senator Sheldon Whitehouse, a Democrat of Rhode Island who sits on the Judiciary Committee’s panel that oversees federal courts.Some advocates pushing for greater transparency on the court cautioned that the rules would be hard to enforce and that it would be nearly impossible to know whether a justice had failed to disclose a trip, flight or other perk.“The problem with any sort of transparency rule within the judiciary is the question of enforcement, the question of accountability,” said Gabe Roth, executive director of Fix the Court, an organization critical of the court’s transparency. Without additional requirements, including a quicker turnaround for disclosing travel and gifts and penalties for failures to comply, the new measures are likely to have a limited effect, Mr. Roth said.“The bar is so low that you can get credit for doing the bare minimum,” he said. “Small but significant is where I’m at.”The new rules, which went into effect March 14, were adopted by a financial disclosure committee of the Judicial Conference of the United States, the policymaking body for the federal courts.At a meeting in January, the committee discussed whether judges and justices would be required to file disclosures when they are hosted at commercial properties, such as resorts, according to a letter to Mr. Whitehouse from Judge Roslynn R. Mauskopf, the director of the Administrative Office of the United States Courts, which provides support for the court system.By federal law, justices must file forms each year disclosing financial ties, including gifts. However, the rules for travel that is considered “personal hospitality” were not clearly defined, including for stays at commercial properties or trips in which a third-party pays.It is unclear precisely how oversight and enforcement would work for the justices. A court spokeswoman declined to comment.The most common enforcement mechanism stems from the Judicial Conduct and Disability Act, which describes “misconduct” as “knowingly violating requirements for financial disclosure.” If an allegation arose, the chief judge of a circuit could review it and determine whether a punishment is warranted, but the act does not apply to the Supreme Court.Questions around travel by the justices have persisted for years, particularly since the death of Justice Antonin Scalia in 2016. Justice Scalia died while on a hunting trip at a lodge in West Texas owned by a businessman involved in a case that the court declined to hear in 2015.Justice Scalia, who had been staying at the ranch for free, had taken more than 250 subsidized trips from 2004 to 2014.In 2014 alone, he went on at least 23 privately funded trips, including to Ireland, Switzerland and Hawaii. Justice Scalia had been invited to the ranch by John Poindexter, owner of a Texas manufacturing firm. One of Mr. Poindexter’s companies, the Mic Group, had been the defendant in an age discrimination lawsuit by a former employee who had unsuccessfully sought review by the Supreme Court the year before.But Justice Scalia was hardly alone in accepting privately paid trips. From 2004 to 2014, Justice Stephen G. Breyer took 185 such trips, according to a database by the Center for Responsive Politics.The issue of privately paid travel also emerged in 2011, a year after the landmark campaign finance case Citizens United, which allowed unlimited corporate spending in elections. A liberal advocacy group, Common Cause, argued that Justices Scalia and Clarence Thomas should have recused themselves from hearing the case because they traveled to a political conference in Palm Springs, Calif., sponsored by the businessman Charles G. Koch, one of the biggest donors to Republicans.Legal experts greeted this month’s move with cautious optimism.“In my world of transparency and judicial ethics, what we had until now was little more than a joke,” said Stephen Gillers, a professor emeritus at the New York University School of Law who specializes in legal ethics. “The rules were very lax and tolerated circumvention, and now we’ve taken a giant step away from that.”However, he said there was still a long way to go toward transparency and accountability, pointing to the lag time between when a gift is received and when it must be reported. Justices have until May 15 of the year after receiving a gift before they must report it.In theory, if a justice “knowingly and willfully” failed to comply with the rules, the attorney general could bring a case. In practice, though, he said, that has never happened. He added that it was also impossible to know how individual justices would respond to the stricter rules.“There’s no enforcement mechanism at the Supreme Court,” he said. “It will be up to each justice.” More

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      It’s Time to Prepare for a Possible Trump Indictment

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      “We find by unanimous vote that no widespread fraud took place in the Georgia 2020 presidential election that could result in overturning that election.” With those words, a Fulton County special grand jury’s report, part of which was released Thursday, repudiated Donald Trump’s assault on our democracy.The excerpts from the report did not explicitly offer new detail on a potential indictment of Mr. Trump or any other individual. But they suggest that, combined with everything else we know, Mr. Trump may very well be headed for charges in Georgia.We need to prepare for a first in our 246-year history as a nation: The possible criminal prosecution of a former president.If Mr. Trump is charged, it will be difficult and at times even perilous for American democracy — but it is necessary to deter him and others from future attempted coups.Fani Willis, the Fulton County district attorney, may present the case as a simple and streamlined one or in a more sweeping fashion. Success is more likely assured in the simpler approach, but the fact that the redacted report has eight sections suggests a broader approach is conceivable. In either event, we must all prepare ourselves for what could be years of drama, with the pretrial, trial and appeal likely dominating the coming election season.Ms. Willis opened her investigation shortly after Mr. Trump’s Jan. 2, 2021, demand that the Georgia secretary of state, Brad Raffensperger, “find 11,780 votes.” The second impeachment of Mr. Trump and the Jan. 6 committee hearings developed additional evidence about that request for fake votes and Mr. Trump and allies pushing fake electors in Georgia and nationally. There is now abundant evidence suggesting he violated Georgia statutes, like those criminalizing the solicitation of election fraud.The parts of the special grand jury’s report revealed on Thursday only reinforce Mr. Trump’s risk of prosecution. The statement that the grand jurors found “no widespread fraud” in the presidential election eliminates Mr. Trump’s assertion that voter fraud justified his pushing state election officials. We also know that the grand jurors voted defendant by defendant and juror by juror, and set forth their recommendations on indictments and relevant statutes over seven (currently redacted) sections. The likelihood that they did that and cleared everyone is very low. And the fact that the grand jurors felt so strongly about the issues that they insisted on writing the recommendations themselves, as they emphasize, further suggests a grave purpose.Also notable is the grand jury’s recommendation of indictments, “where the evidence is compelling,” for perjury that may have been committed by one or more witnesses. It seems unlikely that Ms. Willis will let that pass.She will now decide the next steps of the case. Her statement that charging decisions were imminent came more than three weeks ago. If she does indict Mr. Trump, the two likely paths that she might take focus on the fake electoral slates and Mr. Trump’s call to Mr. Raffensperger. One is a narrower case that would likely take weeks to try; the other is a broader case that would likely take months.Narrow charges could include the Georgia felonies of solicitation of election fraud in the first degree and related general crimes like conspiracy to commit election fraud, specifically focusing on events and people who have a strong nexus with Georgia. In addition to Mr. Trump, that might include others who had direct contacts with Georgia, like his former chief of staff Mark Meadows and his attorneys John C. Eastman and Rudolph W. Giuliani (who already received a “target” notification from Ms. Willis warning him that he may be charged). Such a case would focus on activities around the execution of the fake electoral slates on Dec. 14, 2020, followed by the conversation with Mr. Raffensperger on Jan. 2, rooting it in Georgia and avoiding events nationally except to the extent absolutely necessary.Or Ms. Willis could charge the case more broadly, adding sweeping state Racketeer Influenced and Corrupt Organizations, or RICO, charges that could still include the impact of the conduct in Georgia but bring in more of a nationwide conspiracy. This would look more like the Jan. 6 investigation, albeit with a strong Georgia flavor. It could additionally include those who appeared to have lesser contact with Georgia but were part of national efforts including the state, like the Trump campaign attorney Kenneth Chesebro and the Justice Department official Jeffrey Clark.A more narrow case might make slightly more sense: Given the extraordinary circumstances around it, Ms. Willis will surely have her hands full. And it will feature a likely lead defendant who has demonstrated his propensity for legal circuses — coming in the midst of a heated political season no less.That said, Ms. Willis has a proven propensity for bringing and winning RICO cases. And as we have learned in our criminal trial work, sometimes juries are more responsive to grander narratives that command their attention — and outrage.Whether it’s simple or broad, if a case is opened, one thing is nearly certain: It’s going to take a while, probably the better part of the next two years, and perhaps longer. We would surely see a flurry of legal filings from Mr. Trump, which while often meritless nevertheless take time. Here the battle would likely be waged around pretrial motions and appeals by Mr. Trump arguing, as he has done in other cases, that he was acting in his official presidential capacity and so is immune.That challenge, though not persuasive at all in our view, will almost certainly delay a trial by months. Other likely sallies are that the case should be removed to federal court (it shouldn’t); that he relied on the advice of counsel in good faith (he didn’t); or that his action was protected by the First Amendment (it wasn’t).Even if the courts work at the relatively rapid pace of other high-profile presidential cases, we would still be talking about months of delay. In both U.S. v. Nixon and Thompson v. Trump, about three months were consumed from the first filing of the cases to the final rejection of presidential arguments by the U.S. Supreme Court. In this case, there would be more issues, which would be likely to require additional time. At the earliest, Ms. Willis would be looking at a trial toward the end of 2023. Even on that aggressive schedule, appeals would not be concluded until the end of 2024 or beyond.Needless to say, this would have a profound impact on the election season. It would feature a national conversation about what it means for a former president to be prosecuted, and it would no doubt have unexpected consequences.Still, the debate is worth having, and the risks are worth taking. The core American idea is that no one is above the law. If there is serious evidence of crimes, then a former president should face the same consequences as anyone else. If we do not hold accountable those who engage in this kind of misconduct, it will recur.It would be the trial of the 21st century, no doubt a long and bumpy ride — but a necessary one for American democracy.Norman Eisen was special counsel to the House Judiciary Committee during the first impeachment of Donald Trump. E. Danya Perry is a former federal prosecutor and New York State corruption investigator. Amy Lee Copeland, a former federal prosecutor, is a criminal defense and appellate attorney in Savannah, Ga.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 Relentless Attack on Trans People Is an Attack on All of Us

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      Over the past year, we have seen a sweeping and ferocious attack on the rights and dignity of transgender people across the country.In states led by Republicans, conservative lawmakers have introduced or passed dozens of laws that would give religious exemptions for discrimination against transgender people, prohibit the use of bathrooms consistent with their gender identity and limit access to gender-affirming care.In lashing out against L.G.B.T.Q. people, lawmakers in at least eight states have even gone as far as to introduce bans on “drag” performance that are so broad as to threaten the ability of gender nonconforming people simply to exist in public.Some of the most powerful Republicans in the country want to go even further. Donald Trump has promised to radically limit transgender rights if he is returned to the White House in 2024. In a special video address to supporters, he said he would push Congress to pass a national ban on gender-affirming care for transgender youth and restrict Medicare and Medicaid funding for hospitals and medical professionals providing that care.He wants to target transgender adults as well. “I will sign a new executive order instructing every federal agency to cease all programs that promote the concept of sex and gender transition at any age,” Trump said. “I will ask Congress to pass a bill establishing that the only genders recognized by the United States government are male and female, and they are assigned at birth.”There is plenty to say about the reasoning and motivation for this attack — whether it comes from Trump, Gov. Ron DeSantis in Florida or Gov. Greg Abbott in Texas — but the important thing to note, for now, is that it is a direct threat to the lives and livelihoods of transgender people. It’s the same for other L.G.B.T.Q. Americans, who once again find themselves in the cross-hairs of an aggressive movement of social conservatives who have become all the more emboldened in the aftermath of the Supreme Court’s decision to overturn Roe v. Wade last year.This is no accident. The attacks on transgender people and L.G.B.T.Q. rights are of a piece with the attack on abortion and reproductive rights. It is a singular assault on the bodily autonomy of all Americans, meant to uphold and reinforce traditional hierarchies of sex and gender.Politicians and those of us in the media alike tend to frame these conflicts as part of a “culture war,” which downplays their significance to our lives — not just as people living in the world, but as presumably equal citizens in a democracy.Democracy, remember, is not just a set of rules and institutions, but a way of life. In the democratic ideal, we meet each other in the public sphere as political and social equals, imbued with dignity and entitled to the same rights and privileges.I have referred to dignity twice now. That is intentional. Outside of certain select phrases (“the dignity of labor”), we don’t talk much about dignity in American politics, despite the fact that the demands of many different groups for dignity and respect in public life has been a driving force in American history since the beginning. To that point, one of the great theorists of dignity and democracy in the United States was none other than Frederick Douglass, whose experience in bondage gave him a lifelong preoccupation with the ways that dignity is either cultivated or denied.“Douglass observed,” the historian Nicholas Knowles Bromell writes in “The Powers of Dignity: The Black Political Philosophy of Frederick Douglass,” “that although dignity seems to be woven into human nature, it is also something one possesses to the degree that one is conscious of having it; and one’s own consciousness of having it depends in part on making others conscious of it. Others’ recognition of it then flows back and confirms one’s belief in having it, but conversely their refusal to recognize it has the opposite effect of weakening one’s confidence in one’s own dignity.”It is easy to see how this relates to chattel slavery, a totalizing system in which enslaved Black Americans struggled to assert their dignity and self-respect in the face of a political, social and economic order that sought to rob them of both. But Douglass explored this idea in other contexts as well.Writing after the Civil War on women’s suffrage, Douglass asked his readers to see the “plain” fact that “women themselves are divested of a large measure of their natural dignity by their exclusion from and participation in Government.” To “deny women her vote,” Douglass continued, “is to abridge her natural and social power, and to deprive her of a certain measure of respect.” A woman, he concluded, “loses in her own estimation by her enforced exclusion from the elective franchise just as slaves doubted their own fitness for freedom, from the fact of being looked down upon as fit only for slaves.”Similarly, in her analysis of Douglass’s political thought — published in the volume “African-American Political Thought: A Collected History” — the political theorist Sharon R. Krause shows how Douglass “clearly believed that slavery and prejudice can degrade an individual against his will” and generate, in his words, “poverty, ignorance and degradation.”Although Douglass never wrote a systematic account of his vision of democracy, Bromell contends that we can extrapolate such an account from the totality of his writing and activism. “A democracy,” Douglass’s work suggests, “is a polity that prizes human dignity,” Bromell writes. “It comes into existence when a group of persons agrees to acknowledge each other’s dignity, both informally, through mutually respectful comportment, and formally, through the establishment of political rights.” All of our freedoms, in Bromell’s account of Douglass, “are means toward the end of maintaining a political community in which all persons collaboratively produce their dignity.”The denial of dignity to one segment of the political community, then, threatens the dignity of all. This was true for Douglass and his time — it inspired his support for women’s suffrage and his opposition to the Chinese Exclusion Act — and it is true for us and ours as well. To deny equal respect and dignity to any part of the citizenry is to place the entire country on the road to tiered citizenship and limited rights, to liberty for some and hierarchy for the rest.Put plainly, the attack on the dignity of transgender Americans is an attack on the dignity of all Americans. And like the battles for abortion rights and bodily autonomy, the stakes of the fight for the rights and dignity of transgender people are high for all of us. There is no world in which their freedom is suppressed and yours is sustained.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