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    Overnight, Midterms Get a White-Hot New Focus: Abortion

    Exultant Republicans planned new bans. Democrats, who have struggled to rally around abortion rights, hoped a bruising Supreme Court loss could jolt their voters into action.A leaked draft of a Supreme Court ruling overturning Roe v. Wade instantly propelled the debate over abortion into the white-hot center of American politics, emboldening Republicans across the country and leaving Democrats scrambling to jolt their voters into action six months before the midterm elections.Although the Supreme Court on Tuesday stressed that the draft opinion was not final, the prospect that the nation’s highest court was on the cusp of invalidating the constitutional right to abortion was a crowning moment for Republicans who are already enjoying momentum in the fight for control of Congress, statehouses and governor’s offices. Republican state leaders on Tuesday announced plans to further tighten restrictions on the procedure — or outlaw it outright — once the final ruling lands in the coming months.Democrats, reeling from the blow and divided over whom to blame, hoped the news would serve as a painful reality check for voters who have often taken abortion rights for granted and struggled to mobilize on the issue with the passion of abortion rights opponents. They said they planned to drive home the stakes in the fall, particularly in state races, putting abortion rights on the November ballot in key contests in Pennsylvania, Michigan, Arizona and other battlegrounds.“People were concerned about the lack of energy for voters in the midterms and not coming out to vote — well, the Supreme Court has just handed us a reason for people to vote,” said Representative Susan Wild, a Pennsylvania Democrat who faces a competitive re-election.“At one time I would have said they’re never going to take away right to contraception. But I don’t believe that anymore,” she said.Independent voters have overwhelmingly soured on President Biden, and many core Democratic constituencies have shown signs of trouble. Some party strategists privately cautioned against the idea that even something as seismic as overturning Roe would surpass the importance of the economy and inflation with many voters, something Republicans argued publicly.“Conventional wisdom right now is this helps Democrats because it will spur turnout, but it also could certainly spur turnout for base Republicans,” said Glen Bolger, a Republican strategist. “Generally most voters focus on the economy, for instance, and right now of course, inflation is dominant.”A woman writing a message supporting abortion rights before a protest on Tuesday in Manhattan.Caitlin Ochs for The New York TimesAn anti-abortion protester on Tuesday outside the Jackson Women’s Health Organization in Jackson, Miss.Rory Doyle for The New York TimesBut polling also shows that Americans strongly oppose completely overturning Roe v. Wade — 54 percent of Americans think the Roe decision should be upheld while 28 percent believe it should be overturned, a new Washington Post-ABC poll found. Democrats argue that many voters have long believed it was not truly in danger of being gutted. The draft opinion may change their calculus in meaningful ways, especially with suburban women and disillusioned base voters, those strategists say.“It hasn’t ever been that voters don’t care about it,” said Molly Murphy, a Democratic pollster and strategist, and the president of Impact Research. “It’s been concluded that it’s less effective because voters don’t believe that it could actually go away. And so with what the Supreme Court is signaling they’re about to do, is completely change and eliminate that sort of theory of the mobilizing power of abortion.”Understand the Challenge to Roe v. WadeThe Supreme Court’s upcoming decision in Dobbs v. Jackson Women’s Health Organization could be the most consequential to women’s access to abortion since 1973.The Arguments: After hearing arguments in December, the court appeared poised to uphold the Mississippi law at the center of the case that could overturn Roe v. Wade.Under Scrutiny: In overturning Roe v. Wade, would the justices be following their oath to uphold the Constitution or be engaging in political activism? Here is what legal scholars think.An America Without Roe: The changes created by the end of abortion rights at the federal level would mostly be felt by poor women in Republican states.An Extraordinary Breach: The leak of the draft opinion overturning Roe v. Wade suggests an internal disarray at odds with the decorum prized by Chief Justice John G. Roberts Jr.Familiar Arguments: The draft opinion, by Justice Samuel A. Alito Jr., draws on two decades-old conservative critiques of the Roe v. Wade decision.Legislative Activity: Some Republican-led state legislatures have already moved to advance abortion restrictions ahead of the court’s decision. Here is a look at those efforts.Without the court’s protection for abortion rights, states would be free to enforce their own restrictions or protections. That patchwork system is likely to shift the focus to governor’s races, where a state’s executive could have an outsize role in determining whether abortion is legal.Josh Shapiro, Pennsylvania’s attorney general and a candidate for governor, said he would veto any legislation restricting access to abortions.Matt Rourke/Associated PressIn Pennsylvania, Josh Shapiro, the state attorney general and Democratic candidate for governor, signaled that he planned to seize on the looming threat to Roe to cast himself as a one-man firewall against abortion rights opponents in his state. On Tuesday, he pledged to veto any legislation from the Republican-controlled Pennsylvania legislature that would restrict abortion access.“Every Pennsylvanian should be able to raise a family on their own terms,” Mr. Shapiro said. “And that means deciding if and when and how they want to do that.”But for all the talk from Democrats about abortion being on the ballot this fall, Mr. Shapiro’s race is the exception. Far more states, including Arizona, Georgia, Michigan, Texas and Wisconsin, all have laws on the books effectively banning abortion that would go into effect once Roe is invalidated. The November elections are unlikely to give Democrats the numbers to reverse those.In Wisconsin, for example, an 1849 law made performing an abortion a felony unless the pregnancy endangered the life of the mother. That law remains on the books, though several of the state’s Republican candidates for governor have endorsed proposals to eliminate any exceptions to the ban.On Tuesday afternoon, Gov. Tony Evers of Wisconsin sent a letter, signed by 15 fellow Democratic governors, urging Congress to enact federal abortion protections — a plea that is almost certain to go unmet.Although Mr. Evers won’t be able to make the case that he can save abortion protections in Wisconsin, he will argue that he can make other key decisions about how much the machinery of the state is used toward investigations and prosecutions of abortions, said Ben Wikler, the chairman of the Democratic Party of Wisconsin.Gov. Brian Kemp of Georgia played up a 2019 law that bans abortions in the state after six weeks.Alyssa Pointer/ReutersRepublicans were celebrating as they appeared on the cusp of victory. In Georgia, Gov. Brian Kemp, a Republican facing stiff primary and general election challenges, took a victory lap Tuesday, playing up a 2019 state law that bans abortion in the state after six weeks. The law has been held up in a federal appeals court awaiting the outcome of the Supreme Court’s decision.“We are the voice of all those people that are out there and have been in the trenches for decades doing this and we’re glad to be in the fight with them,” Mr. Kemp said during a radio interview Tuesday.In South Dakota, Gov. Kristi Noem, a Republican believed to have presidential ambitions, said Tuesday that she would immediately call for a special session to outlaw abortion in her state. Attorney General Eric Schmitt of Missouri said a broad ban on abortions in the state was just a signature away from enactment if Roe is in fact overturned. The speaker of the Nebraska Legislature told colleagues to expect a special session on abortion following the Supreme Court’s decision.Democrats running for Senate renewed calls to put Roe’s abortion protections into federal law and change the Senate rules, if necessary, to do it. Although Democrats currently control the Senate with Vice President Kamala Harris’s tiebreaking vote, they do not appear to have the votes to codify a woman’s right to an abortion, a major point of contention and blame-shifting among Democrats.Senator Joe Manchin III of West Virginia said Tuesday that he was still opposed to any changes to the filibuster, effectively ending any Democratic hopes of passing an abortion bill.Still, Democratic candidates signaled they planned to continue to promise to fight to codify Roe.“Democrats have to act quickly and get rid of the filibuster,” said Lt. Gov. John Fetterman of Pennsylvania, who is running for Senate, to “finally codify Roe into law. We cannot afford to wait.”Kina Collins, a Democrat in a primary for a House seat in Chicago, called on the party’s leaders to “fight like our lives depend on it.”“There is no place in this party for Democrats who will not,” she said.Sensing the potential harm of yet another intraparty skirmish, Representative Sean Patrick Maloney of New York, the chairman of the House Democrats’ campaign arm, warned against blaming fellow Democrats.“Focusing on what’s wrong with Democrats in the Senate or elsewhere is (another) circular firing squad,” Mr. Maloney wrote on Twitter. “We can only end the filibuster, pass real protections for choice IF WE WIN more power.”Trip Gabriel contributed reporting. More

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    Ron DeSantis and Other Republicans Desecrate What Their Party Long Championed

    In 2010, the Supreme Court held that “political speech does not lose First Amendment protection ‘simply because its source is a corporation.’” The case was Citizens United v. Federal Election Commission, and the conservative justices sided with a group barred by the government from airing a political documentary.Republicans used to celebrate that decision. “For too long, some in this country have been deprived of full participation in the political process,” said Mitch McConnell, then the majority leader. The Supreme Court, he added, “took an important step in the direction of restoring the First Amendment rights of these groups.”Mr. McConnell was standing up for a principle: People have a bedrock right to form associations, including corporations, and to use them to speak their minds.In the last few years, however, as large companies have increasingly agitated for left-of-center causes, many Republicans have developed a sudden allergy to corporate political speech, one that will have vast consequences for both the party and the nation.Disney’s Magic Kingdom Park in Florida.Ted Shaffrey/Associated PressConsider the recent drama in Florida. The evident retaliation by Gov. Ron DeSantis and his Republican allies against Disney, a major corporate player in their state, is part of a larger trend: What critics once called the party of big business is now eager to lash out at large companies and even nonprofits it deems inappropriately political — which in practice means anti-Republican.Conservatives angry at technology platforms over what they see as unfair treatment of right-of-center viewpoints have found a champion in a Republican senator, Josh Hawley of Missouri, who has introduced bills to reform legal protection for certain social media platforms and offered the Bust Up Big Tech Act. J.D. Vance, running in the Ohio Republican Senate primary, has suggested that we “seize the assets” of the Ford Foundation and other progressive NGOs; he also called for raising the taxes of companies that showed concerns about state-level voting legislation favored by Republicans last year. Leading right-wing commentators, from Tucker Carlson of Fox News to Ben Shapiro of The Daily Wire, cheer the efforts on.Too many conservatives seem to have no qualms today in wielding state power to punish their political opponents and shape the economy to their whims. This is not just a departure from the Republican consensus of the last half-century. It is a wholesale rejection of free markets and the very idea of limited government. It will make America poorer and the American people more vulnerable to tyranny.Republicans’ reversal is easy enough to explain: As companies increasingly accede to activist demands to make themselves combatants in a culture war, they have alienated broad swaths of the population. Twenty years ago, according to Gallup, fewer than half of Americans said they were somewhat or very dissatisfied with “the size and influence of major corporations.” Today, that number is 74 percent. Defending economic liberty is now passé. Taking on “big business” has become an effective way to score political points on the right, at least when the businesses are also seen as “woke.”The change may be politically expedient, but it will have grave costs. Conservatives once understood that free markets are an engine that produces widespread prosperity — and that government meddling is too often a wrench in the works. Choosing winners and losers, and otherwise substituting the preferences of lawmakers and bureaucrats for the logic of supply and demand, interferes with the economy’s ability to meet people’s material needs. If Republicans continue down this path, the result will be fewer jobs, higher prices, less consumer choice and a hampering of the unforeseen innovations that make our lives better all the time.But conservatives are turning on more than markets; they may be turning on the rule of law itself. The First Amendment prohibits the government from abridging people’s ability to speak, publish, broadcast and petition for a redress of grievances, precisely because the American founders saw criticizing one’s rulers as a God-given right. Drawing attention to errors and advocating a better path forward are some of the core mechanisms by which “we, the people” hold our government to account. The use of state power to punish someone for disfavored political speech is a gross violation of that ideal.The American economy is rife with cronyism, like subsidies or regulatory exemptions, that give some businesses advantages not available to all. This too makes a mockery of free markets and rule of law, transferring wealth from taxpayers and consumers to politically connected elites. But while ending cronyism is a worthy goal, selectively revoking privileges from companies that fall out of favor with the party in power is not good-government reform.One might doubt the retaliatory nature of Republicans’ corporate speech reversal, but for their inability to quit stepping in front of cameras and stating the quiet part aloud. In the very act of signing the law that does away with Disney’s special-purpose district and several others, Mr. DeSantis said this: “You’re a corporation based in Burbank, Calif., and you’re gonna marshal your economic might to attack the parents of my state. We view that as a provocation, and we’re going to fight back against that.”But if government power can be used for brazen attacks on American companies and nonprofits, what can’t it be used for? If it is legitimate for politicians to retaliate against groups for political speech, is it also legitimate to retaliate against individuals? (As Senator Mitt Romney once said, “Corporations are people, my friend.”) And if even the right to speak out is not held sacred, what chance do the people have to resist an authoritarian turn?Conservatives, confronting these questions, once championed free markets and limited government as essential bulwarks against tyranny. Discarding those commitments is not a small concession to changing times but an abject desecration, for cheap political gain, of everything they long claimed to believe.For decades, the “fusionist” governing philosophy — which, in bringing together the values of individual freedom and traditional morality, charges government with protecting liberty so that the people will be free to pursue virtuous lives — bound conservatives together and gave the Republican Party a coherent animating force. That philosophy would reject the idea that political officials should have discretion over the positions that companies are allowed to take or the views that people are allowed to express.The G.O.P. today may be able to win elections without fusionism, but it cannot serve the interests of Americans while wrecking the economy and undermining the rule of law.Stephanie Slade (@sladesr) is a senior editor at Reason magazine.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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    Only the Feds Can Disqualify Madison Cawthorn and Marjorie Taylor Greene

    The events of Jan. 6, 2021, are casting a long shadow over the midterm elections. Voters in North Carolina are seeking to bar Representative Madison Cawthorn from running for re-election to his House seat, and those in Georgia are trying to do the same to Representative Marjorie Taylor Greene.These voters have filed complaints with state elections officials arguing that Section 3 of the 14th Amendment disqualifies members of Congress who engage in insurrection from appearing on the congressional ballot. (Challenges to other elected officials have also begun involving other candidates.)But these challenges face an intractable problem: Only the federal government — not the states — can disqualify insurrectionists from congressional ballots. States cannot unilaterally create procedures, unless authorized by federal statute, to keep accused insurrectionists off the congressional ballot.If these members of Congress engaged in insurrection, then the U.S. House of Representatives may exclude them, or federal prosecutors may charge them with the federal crime of insurrection. But in light of an important 1869 judicial decision, the cases against Mr. Cawthorn and Ms. Greene — which are currently mired in both state and federal proceedings — cannot remove the candidates from the congressional ballot.The 14th Amendment was ratified in 1868 in the wake of the Civil War. Section 3 disqualified many former Confederates from holding certain public offices if they had taken an oath to support the U.S. Constitution but subsequently, as Section 3 declares, “engaged in insurrection or rebellion.” Since 1868, the federal judiciary has had few occasions to interpret Section 3. As a result, the courts are largely in uncharted territory. Nevertheless, there is some important on-point precedent.An 1869 case concerning Hugh W. Sheffey is instructive for the Jan. 6 litigation and how courts might see things today. Mr. Sheffey took an oath to support the Constitution but later served as a member of the Confederate Virginia legislature, thereby actively supporting the Confederacy.After the war, he served as a state court judge. As Judge Sheffey, he presided over the trial and conviction of Caesar Griffin for shooting with an intent to kill. Later, Mr. Griffin challenged his conviction in federal court. He argued that Section 3 should have disqualified Mr. Sheffey from serving as judge. Griffin’s case, as it is known, was heard on appeal by the federal circuit court in Virginia. Salmon P. Chase, the chief justice of the United States and an appointee of President Abraham Lincoln, presided over the appeal. Chief Justice Chase ruled against Mr. Griffin, finding that Section 3 did not disqualify Judge Sheffey, despite the fact that he had taken an oath to support the U.S. Constitution and that it was “admitted,” as the case stated, that he later committed a Section 3 disqualifying offense.Chief Justice Chase reasoned “that legislation by Congress is necessary to give effect to” Section 3 of the 14th Amendment — and that “only” Congress can enact that legislation. Chief Justice Chase added that the exclusion of disqualified office holders “can only be provided for by Congress.” Congress must create the procedure that would determine if a defendant violated Section 3. Section 5 of the 14th Amendment emphasizes this principle: Congress, it states, “shall have the power to enforce, by appropriate legislation, the provisions of this article.”In short, Griffin’s case teaches that in legal terms, Section 3 is not self-executing — that is, Congress must establish, or at least authorize, the process that affords accused insurrectionists an opportunity to contest the allegations brought against them.Mr. Cawthorn and Ms. Greene deny that they engaged in insurrection and oppose any assertion that they violated the law, which would include Section 3 disqualifying offenses. Moreover, in the Cawthorn and Greene cases, the plaintiffs have not pointed to any federal legislation authorizing the states to police Section 3 by disqualifying accused insurrectionists from the congressional ballot. Without federal authorization, state elections boards and even state courts could very well be powerless to make determinations about congressional candidates and Section 3.There may be another way, based on an existing statute, to disqualify a candidate from congressional ballots: the Insurrection Act of 1862. This legislation, which predated the 14th Amendment, mirrors one of the disqualifying offenses established in Section 3.The modern Insurrection Act is virtually unchanged from the statute Lincoln signed in 1862. If the Justice Department indicts and succeeds in convicting Mr. Cawthorn, Ms. Greene or others of insurrection under that act, then on that basis, state elections boards and state courts may remove these candidates from the congressional ballot.Representative Madison Cawthorn of North Carolina.Stefani Reynolds for The New York TimesBut so far, the Justice Department has not charged any congressional candidates with inciting or engaging in an insurrection or with any other disqualifying offenses. Most of the Jan. 6 federal charges have been based on things like property crimes or for obstructing official proceedings or assaulting officers rather than insurrection.If the Justice Department does not secure a conviction of a Section 3 disqualifying offense before the state ballot is printed (the primary in North Carolina is scheduled for May 17 and the one in Georgia for May 24), then, generally, state boards of election and even state courts will be powerless to remove otherwise eligible congressional candidates from the ballot.Recently, some scholars and advocates have contested Chief Justice Chase’s opinion in Griffin’s case as precluding the state challenges against Mr. Cawthorn and Ms. Greene. In their view, even in the absence of a federal statute, state election officials who conclude that a person engaged in insurrection may proceed to remove that candidate from the congressional ballot. There is no Supreme Court precedent that squarely forecloses that position. Moreover, Chief Justice Chase’s decision was not rendered by the United States Supreme Court, and so it is not controlling precedent. On Monday, a federal court in Georgia allowed the state court disqualification proceeding to go forward against Representative Greene. The federal judge did so without citing or distinguishing Griffin’s case.Still, we think the chief justice’s opinion is persuasive; we expect state and federal courts, including the U.S. Supreme Court, will likely follow this historically entrenched position. Chief Justice Chase’s approach is the simplest path. If the courts find that Section 3 is not self-executing, there is no need for state election officials to decide far more politically charged questions about whether Mr. Cawthorn and Ms. Greene — and potentially, looking ahead to 2024, Donald Trump — engaged in insurrection.Congress has not authorized the states to enforce Section 3 by striking congressional candidates from the ballot. Thus, state courts and elections boards lack jurisdiction to exclude alleged insurrectionists from the congressional ballot. In such circumstances, state governments must let the people decide who will represent them in Congress.Josh Blackman is a law professor at South Texas College of Law Houston. S.B. Tillman is an associate professor at the Maynooth University School of Law and Criminology. They recently wrote a law review article about the application of Section 3 of the 14th Amendment to President Trump.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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    Jackson Confirmation Aside, G.O.P. Sees an Opening With Black Voters

    With inflation, war and the pandemic looming larger, Democrats who hope that the browbeating of Ketanji Brown Jackson will rally Black voters behind their candidates may be disappointed.The spectacle created by Republican senators with presidential ambitions as they browbeat the first Black woman nominated to the Supreme Court — after which 47 Republicans voted against her on Thursday — might have seemed like glaring evidence that the G.O.P. had written off the Black vote this November.Far from it. In rising inflation, stratospheric gas prices, lingering frustrations over Covid and new anxieties over the war in Ukraine, Republicans see a fresh opening, after the Obama and Trump eras, to peel away some Black voters who polls show are increasingly disenchanted with the Biden administration.Thanks to gerrymandering, Republicans need not win over too many Black voters to affect a handful of races, and dozens of Black Republican House candidates — a record number of them — are reshaping the party’s pitch.If anything, the G.O.P.’s treatment of the Supreme Court nominee, Judge Ketanji Brown Jackson, was a testimony to the party’s confidence that amid so many more powerful political forces and more consuming objects of public attention, their handling of her confirmation simply didn’t matter much.“I think the Black people that this would turn off weren’t voting for Republicans anyway, no matter what,” said Wesley Hunt, a Black Army veteran and a Republican newcomer to politics who is running for a deep-red Texas House seat.Senate Republican leaders had warned colleagues before the confirmation fight to keep the proceedings civil and cordial, clearly worried that the sight of a phalanx of white Republican inquisitors would turn voters off in an election year. But if Democrats still believe that Judge Jackson’s rough treatment will energize Black voters to come out this November and vote Democratic in big numbers, it appears likely that they will be disappointed.For frustrated voters of all colors who are struggling to pay their bills and fill their tanks, November’s vote may simply be a chance to vote against the party in power.“We are not a monolith,” said Jennifer-Ruth Green, a Black Air Force veteran who is running for Congress in Northwestern Indiana as a Republican. “We see inflation and gas prices. Voters are not stupid.”In Gary, Ind., Roshaun Knowles, 42, a cosmetologist taking a break at the Billco Barber Shop, summed up how the confirmation hearings would play as she considered her vote this fall. She said she had felt despair as an accomplished Black woman was interrogated by white senators who, she believed, lacked Judge Jackson’s intellect and poise.Roshaun Knowles said she had felt despair at the grilling of Judge Ketanji Brown Jackson by Republican senators but was unhappy with President Biden. “He hasn’t been doing anything,” she said. “What has he done?Carlos Javier Ortiz for The New York Times“To be in a room full of white people asking her questions about where she learned what she learned and what she is capable of — you know, it didn’t sit well with me,” Ms. Knowles said. “She should have been treated as a white man would have been treated,” she added.But, she said, vaccine mandates cost her a job as a property manager for a housing authority after she refused to get the shot. Stimulus checks kept too many people out of the work force. And President Biden? “He hasn’t been doing anything,” she said. “What has he done?”Ms. Knowles said she was leaning toward voting Republican this fall, as she did in 2020, when she voted for Donald J. Trump, after voting for Hillary Clinton four years before and for Barack Obama twice.Republicans on the campaign trail and over the airwaves are pressing the image of a faltering Democratic leadership that has no clue how to handle economic uncertainty, the persistent pandemic and rising crime. When Republican officials are asked about the party’s strategy toward Black voters, they invariably call on the few Black Republican elected officials and candidates to make the pitch. But tellingly, Black Republican candidates such as Ms. Green and John James, who is running for a Michigan House seat, are not advertising their party affiliations, just their biographies — a sign that the G.O.P. brand remains toxic in some corners.And Republican outreach efforts amount to little more than seizing on Black disaffection with Democrats.Paris Dennard, director of Black media affairs for the Republican National Committee, said the party had opened eight community centers nationwide to engage Black voters. Candidates like Mr. Hunt are proof that the party’s message is inspiring Black Republicans to run, he said.But a message focused on Democrats’ shortcomings deprives Black voters of hearing about policies they actually want, said Leah Wright Rigueur, author of “The Loneliness of the Black Republican: Pragmatic Politics and the Pursuit of Power.”“It’s an incredibly effective strategy, but it’s also insidious,” said Dr. Rigueur, an associate professor of history at Johns Hopkins University. “It only works when there’s that dissatisfaction with the Democratic Party.”It does work, however, even with Black voters who during the Obama and Trump years were remarkably united behind the Democratic Party.“I don’t think Biden’s really even in office,” Robert Sanders scoffed as he cut hair in Gary, echoing criticism from the political right about the 79-year-old president. “I think he’s being escorted through office.”The softening of Mr. Biden’s approval among Black voters is a clear warning to Democrats. Approval of the president among Black registered voters slid to 62 percent in March from 83 percent last summer in an NBC News poll and was not affected by the Supreme Court fight, said Bill McInturff of Public Opinion Strategies, a Republican polling firm that conducted the survey with the Democratic firm Hart Research.The percentage of Black voters in the poll who said they strongly approved of the president’s performance fell to 28 percent last month, from 46 percent between April and August of last year. And intensity of support predicts turnout in elections.Cornell Belcher, a Democratic pollster who is Black, said polls were picking up a reversion to the days before Mr. Obama energized Black voters positively and Mr. Trump then energized them negatively. Before 2008, he noted, it was normal for 12 percent to 14 percent of the Black electorate to vote Republican.“What is more problematic is the lack of energy levels among younger voters, particularly younger African Americans,” Mr. Belcher said, noting that young voters of color in 2018 had delivered Democrats the House. “It’s a not-excited, disenchanted, frustrated, younger electorate right now, more like the electorate of 2014 and 2010 than 2018 — and that’s disastrous.”Democratic officials say they are responding with Black voter mobilization projects that have started earlier than in previous midterm cycles. Last spring, the Democratic Congressional Campaign Committee hired organizers in five battleground states to focus on key Democratic constituencies. On Thursday, the committee announced a new round of ad purchases with Black news outlets.Chris Taylor, a committee spokesman, said efforts by Republicans to court Black voters were disingenuous given the voting records among those in the party on pandemic relief, criminal justice reform and clean air and water legislation.“Nearly every Republican in Congress opposed our priorities,” said Mr. Taylor, who is Black.Because of gerrymandered district lines, most Republican candidates for the House do not need many — if any — Black voters. But in districts like Indiana’s First, with its narrow Democratic lean and a Republican target on its back, a Republican challenger will need to make inroads with Black voters, or at least hope for soft turnout for Democrats.Mr. Cruz talking with Senator Josh Hawley and Senator Marsha Blackburn during a break in the confirmation hearing for Judge Jackson last month.T.J. Kirkpatrick for The New York TimesJudge Jackson’s rough reception does not appear to be a threat to that hope. Even Black voters who watched the hearings attentively were surprisingly forgiving of her Republican inquisitors.“I don’t think she was treated fairly,” said Greg Fleming, 72, a financial adviser in Gary. “But that’s the way things are in this country. In today’s climate, unfortunately, it’s to be expected.”Like Indiana’s First, Georgia’s Second District still leans Democratic, but if a candidate can chip into its rural Black vote, he has a strong chance. For Jeremy Hunt, an Army veteran and Black candidate running in the Republican primary to challenge Representative Sanford Bishop, a long-serving Democrat who is also Black, the Supreme Court is not part of his calculus.“We can talk about Republicans versus Democrats, but ultimately, that’s not what voters want to hear from us as leaders,” Mr. Hunt said. “There is a huge temptation to get into national-level stuff and make it about what’s going on, you know, on different levels, but a big part of our campaign is keeping it local.”Still, when he talks about what is afflicting local farmers and truckers, Mr. Hunt said, he invariably comes back around to the economy, gas prices and inflation.Black voters were the most likely to say they were personally falling behind because of inflation, according to the NBC News poll. And that is producing anxieties that Republicans are eager to exploit.Representative Byron Donalds of Florida, one of two Black Republicans in the House, said Republicans had nothing to apologize for in the Jackson confirmation process.Stefani Reynolds for The New York TimesRepresentative Byron Donalds of Florida, one of two Black Republicans in the House, said: “We’ve got rich Black people. We’ve got rich white people. We have poor Black people. We have poor white people. If you’re poor in the United States, you’re feeling the effects of $4.30 gasoline. You’re feeling the effects of home heating oil prices that have gone up 60 percent. You’re feeling the impacts of meat and bread and milk, all going up dramatically.”Mr. Donalds said he had watched most of Judge Jackson’s hearings and had seen nothing that Republicans needed to apologize for.“Never once did they go into her personal life,” he said. “Never once did they go into her personal background. Never once were their accusations about her character.”With Democrats disappointing and Republicans offering a weak alternative, some Black voters said they didn’t know where to turn politically.In Gary, Mr. Fleming said he worried about the rising power of the Democratic left wing. But until more Republicans drop their “conspiracy theories” and extreme comments, he said, they weren’t much of an option.“I mean, they thought everything that happened on Jan. 6 was AOK? That’s crazy,” Mr. Fleming said. “If a Mitt Romney-type Republican ran, I could go for that. But Republicans, they’re on another planet right now. I can’t even call them far right. They’re defying gravity.” More

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    Ginni Thomas’s Texts Show Why Our Democracy Is in Danger  

    A week has gone by and I’m still aghast. Still astonished. Still absorbing what Ginni Thomas said in those text messages to Mark Meadows, President Donald Trump’s chief of staff, as she urged him to overturn the 2020 election, and what she apparently believes in her poisoned mind.So let’s please, please move past Will Smith and the deconstruction of that ugly incident and reallocate our attention to her behavior. It has broader and more profound consequences. It also explains why, despite my efforts not to, I sometimes feel almost hopeless about this country’s present and future.“Help This Great President stand firm, Mark!!!” Thomas wrote to Meadows in the days following the election, her derangement and despair wrought in a bonanza of exclamation points. “You are the leader, with him, who is standing for America’s constitutional governance at the precipice.”The precipice! I should haul out a few extra exclamation points myself, especially because Thomas went on to say that she and Meadows were watching “the Left” attempt “the greatest Heist of our History.”She’s up in arms. She’s uppercase. And she’s emblematic: Her gratuitously capitalized words distill what makes political discussion today so difficult and why our democracy is indeed in danger.“This Great President.” That’s no accidental pinkie — no clumsy thumb — on the shift key. Among today’s extreme partisans, who represent a frighteningly large slice of the electorate, a given president or politician is a commanding general in the battle of good versus evil. I mean Good versus Evil.Restraint is retro. Hyperbole is the order of the day. Thus, “precipice” is the new “edge,” “Heist” is the updated “scam,” and “of our History” is an essential qualifier, lest someone underestimate the threat and minimize the stakes.There’s no entertaining the thought that a majority of your fellow Americans may not share your views. In an age of extreme narcissism, that’s unimaginable, impossible, phantasmagorical.If the polls cast you in the minority, they’re wrong. If the vote runs contrary to your desires, it’s rigged. Or those fellow Americans just don’t matter, not like you do. You’re on the side of the angels. They’re trying to shepherd everyone into the abyss.That Manichaean mind-set is legible in Thomas’s language, which jettisons temperance and truth. There’s no oxygen for either in the right’s — excuse me, the Right’s — exaggerated sense of extreme grievance, which she so perfectly embodies.What a terrifying moment, in which the wife of a serving Supreme Court justice unabashedly exploits her insider access, ignores the idea of checks and balances, promotes conspiracy theories and essentially endorses insurrection. Her conduct isn’t some passing curiosity. It’s a sign of the times. And it’s a warning to us all.A Few Notes About ‘Don’t Say Gay’Octavio Jones/ReutersFlorida Gov. Ron DeSantis is right. The words “Don’t Say Gay” appear nowhere in the “parental rights” legislation that he signed on Monday, which bans discussion of sexual orientation and gender identity with young schoolchildren in Florida. “Don’t Say Gay” is the negative nickname that the law’s opponents have given it, and DeSantis has deftly portrayed that nomenclature as liberal hysteria and leftist overreach.But that, too, is unfair. There are reasons aplenty to balk at what Florida has done — to see it as more than a simple caveat affecting only students through the third grade. And I say that as someone who is not pushing instruction on matters gay or trans for students in that age range, who doesn’t care a whit whether a 7-year-old knows the name Harvey Milk, who agrees that parents’ sensibilities and sensitivities must be factored into how schools operate.Here’s what DeSantis doesn’t cop to: a vagueness in the legislation’s language that suggests its potential application to children well beyond the third grade. Look at the words I’ve boldfaced in this clause of the law: “Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade three or in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards.” What additional prohibitions — what future muzzling — are those phrases opening the door to?It’s a necessary question, because it’s coupled with this one: What’s motivating the law’s promoters and supporters, who’ve lifted this issue above so many others with more relevance to, and impact on, the quality of Floridians’ everyday lives?In case you missed it, DeSantis’s press secretary, Christina Pushaw, framed the bill as an important defense against pedophiles’ recruitment of children into homosexual activity. There’s no other way to read this tweet of hers: “If you’re against the Anti-Grooming Bill, you are probably a groomer or at least you don’t denounce the grooming of 4-8 year old children.” She’s paid to articulate DeSantis’s viewpoints, and she’s peddling perhaps the nastiest, cruelest homophobic stereotype there is.Under fire for those remarks, she said that she was using her personal Twitter account during her off-work hours. How very reassuring.For the Love of SentencesGetty ImagesIn the Times newsletter Read Like the Wind, the book critic Molly Young spins many magical sentences, sometimes within a single paragraph, like this one in a recent reflection on the science fiction writer Philip K. Dick and his novel “Ubik”: “It may be worth noting that what jelly beans were to President Reagan, amphetamine tablets were to Dick. The man simply loved his uppers. Sometimes I approximate his state of mind by bolting a Monster energy drink before settling in for some sci-fi. (My favorite flavor of Monster is called ‘Assault.’ It tastes like Coca-Cola mixed with poison.) The blurb on this copy of ‘Ubik’ describes Dick as ‘The most brilliant SF mind on any planet.’ Any planet!” (Thanks to Zoe Zagorski of Portland, Ore., and Conrad Macina of Landing, N.J., for nominating Molly’s prose.)Sticking with Times book critics, here’s Alexandra Jacobs in her recent review of “Truly, Madly,” by Stephen Galloway, which describes Vivien Leigh’s romance with a certain screen and stage legend named Laurence: “Her three-decade entanglement with Olivier, considered one of the greatest talents of his generation, was its own sort of doomed flight: It soared sharply into the heavens, then was rocked with turbulence before its inevitable tumble down to earth and straight through to hell.” (Sandy Peters, Phoenix)Also in The Times, Ligaya Mishan, contemplating lentils, had lyrical leguminous fun: “They start out as pebbles in the hand, hard and tiny — in certain parts of the world, they are the size against which all small things are measured. Then, in the pot, their little stony hearts melt. They soften, loosen up and let other flavors in. They’re still discrete, still individuals, but now joined in common cause, and they swell and grow plump, so you end up with more than twice as much, velvety and lush.” (Stella Liu, Manhattan)Paul Krugman noted: “Putin’s response to failure in Ukraine has been extremely Trumpian: insisting that his invasion is all going ‘according to plan,’ refusing to admit having made any mistakes and whining about cancel culture. I’m half expecting him to release battle maps crudely modified with a Sharpie.” (Avi Liveson, Chatham, N.J., and Valerie Masin, Boston, among others)And Bret Stephens, in his weekly back-and-forth with Gail Collins, wrote: “It looks like we have a new superinfectious subvariant of Covid to keep us awake at night. Forget Omicron, now we’ve got Omigod.” (Kris Schaff, Omaha, Neb., and Larry Berman, Westfield, N.J.)In National Parks magazine, Jacob Baynham reported on a positive reaction to the meatless, fungus-based breakfast patties he cooked for his family one morning: “Our disobedient dog begged at my feet, an endorsement tempered by the fact that he also eats mouth guards, used tissues and socks.” (Peter Alexander, Longmont, Colo.)In a review of “Brezhnev: The Making of a Statesman,” by Susanne Schattenberg, in The London Review of Books, Neal Ascherson wrote: “Polish communism was dead, though it took nearly eight years for the nation to wriggle out from under the corpse.” (George Milman, Beverly Hills, Calif.)And in his Weekly Dish newsletter on Substack, Andrew Sullivan pondered the rebirth of imperial Russia with this observation: “The greatest mistake liberals make when assessing reactionaryism is to underestimate it. There is a profound, mesmerizing allure — intensified by disillusion with the shallows of modernity — to the idea of recovering some great meaning from decades or centuries gone by, to resurrect and resuscitate it, to blast away all the incoherence and instability of postmodern life into a new collective, ancient meaning.” (Stephen Ranger, Toronto)To nominate favorite bits of recent writing from The Times or other publications to be mentioned in “For the Love of Sentences,” please email me here, and please include your name and place of residence.On a Personal Note (Reader Mailbag Edition)ReganFrank BruniI’ve felt the lash of your anger when I’ve written harshly about a public figure you admire. I’ve experienced the sting of your disappointment when I’ve praised a book or movie that you then checked out and didn’t like at all. In a manner that pleases me — because it tells me that you’re engaged — you’re quick to give me feedback, bitter as well as sweet.And you let me have it about my possible miscoloring of a beautiful bird.I wrote last week about “flares of orange” outside my windows in Chapel Hill, N.C., and I guessed that those were cardinals flying by. Many of you were scandalized and sent me emails noting that cardinals are red. You recommended apps that could help me with my avian ineptitude. You urged me to educate myself about the natural world. I could feel myself being marched off to flora-and-fauna boot camp — which is probably where I indeed belong.My feathered friends are definitely cardinals, and they may well have been more red than orange — my grasp of color is less than firm. But cardinals, it turns out, can be orange or at least orange-ish red. They’re chromatically noncommittal. I was probably being sloppy with my description of those “flares,” but maybe my yard’s cardinals are special? I’ll keep an eye peeled and a color wheel at hand and I’ll let you know.You wrote me, too, with a complaint that I’ve also fielded from many of you in the past: Where’s Regan? When a few newsletters go by without any photo of, or tribute to, my canine companion, some of you object and others actually worry.I’m happy to alleviate your concern with the picture at the top of this section of the newsletter. It’s Regan rolling around recently in the front yard, just for the tactile sensation and pure fun of it. She does that sometimes when she’s excited, or when there’s a perfect nip in the air, or maybe when she’s bored, or possibly when she feels some generous impulse to entertain me. Down she goes and around she twists. Each of my giggles prompts more of her squiggles. We have this down to a clownish science.Many of you also point out errors of language, and Ervin Duggan of Davidson, N.C., flagged my statement last week that Ted Cruz, so odious during the confirmation hearing for Judge Ketanji Brown Jackson, at least deserved points for “gumption.” “Gumption” actually or usually means initiative or resourcefulness, and I indeed didn’t intend to compliment the Texas senator for either. I was steering toward something more along the lines of audacity and took a wrong turn. Maybe I had, in my mind, “bumption,” which isn’t a word according to several dictionaries I consulted but has, in the past, circulated a bit as a kin to overblown arrogance. Cruz possesses that in spades.Judge Jackson doesn’t, as best I can tell. None of you complained that in my assessment of the hearing, I never digressed from my disgust over many senators’ bad behavior to praise her for a preternatural degree of restraint. But I’ll say it: I should have. She comported herself with dignity, which strikes me as the ideal cornerstone of judicial character. More

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    The Political Lives of Clarence and Ginni Thomas

    Rob Szypko, Rikki Novetsky, Chelsea Daniel and Marc Georges and Dan Powell and Listen and follow The DailyApple Podcasts | Spotify | StitcherA series of text messages released in the past week show how Ginni Thomas, wife of Justice Clarence Thomas of the Supreme Court, urged White House officials to push to overturn the result of the 2020 election.There has never been a spouse of a sitting justice who has been as overt a political activist as Ms. Thomas — and that presents a real conundrum for the court.On today’s episodeJo Becker, an investigative reporter for The New York Times.For two decades, Clarence, left, and Ginni Thomas have been waging a battle against what they see as the liberal order.Drew Angerer/Getty ImagesBackground readingThe long crusade of the Thomases has taken them from the fringes of the conservative movement to the very center of it.In the aftermath of the 2020 presidential election, Ginni Thomas was involved in a range of efforts to keep President Donald J. Trump in power.There are a lot of ways to listen to The Daily. Here’s how.Transcripts of each episode are available by the next workday. You can find them at the top of the page.Jo Becker contributed reporting.The Daily is made by Lisa Tobin, Rachel Quester, Lynsea Garrison, Clare Toeniskoetter, Paige Cowett, Michael Simon Johnson, Brad Fisher, Larissa Anderson, Chris Wood, Jessica Cheung, Stella Tan, Alexandra Leigh Young, Lisa Chow, Eric Krupke, Marc Georges, Luke Vander Ploeg, M.J. Davis Lin, Dan Powell, Dave Shaw, Sydney Harper, Robert Jimison, Mike Benoist, Liz O. Baylen, Asthaa Chaturvedi, Kaitlin Roberts, Rachelle Bonja, Diana Nguyen, Marion Lozano, Corey Schreppel, Anita Badejo, Rob Szypko, Elisheba Ittoop, Chelsea Daniel, Mooj Zadie, Patricia Willens, Rowan Niemisto, Jody Becker, Rikki Novetsky and John Ketchum.Our theme music is by Jim Brunberg and Ben Landsverk of Wonderly. Special thanks to Sam Dolnick, Paula Szuchman, Cliff Levy, Lauren Jackson, Julia Simon, Mahima Chablani, Sofia Milan, Desiree Ibekwe, Wendy Dorr, Elizabeth Davis-Moorer, Jeffrey Miranda, Renan Borelli and Maddy Masiello. More

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    Texts Show Ginni Thomas’s Embrace of Conspiracy Theories

    In the aftermath of the 2020 presidential election, the wife of Justice Clarence Thomas was involved in a range of efforts to keep President Donald J. Trump in power.Two days after the 2020 election, Virginia Thomas, the wife of Justice Clarence Thomas, texted an old friend, Mark Meadows, the chief of staff to President Donald J. Trump.She sent messages that had been making the rounds on pro-Trump sites, where anger over the election echoed her own raw feelings, including this passage: “Biden crime family & ballot fraud co-conspirators (elected officials, bureaucrats, social media censorship mongers, fake stream media reporters, etc) are being arrested & detained for ballot fraud right now & over coming days, & will be living in barges off GITMO to face military tribunals for sedition.”Then she added of this fanciful, if chilling, set of conspiracy theories: “I hope this is true.”She texted Mr. Meadows again the next day. “Do not concede,” she wrote. “It takes time for the army who is gathering for his back.”The messages were among a flurry of text traffic between Ms. Thomas and Mr. Meadows that was revealed this past week, part of a trove of documents previously turned over to the House committee investigating the Jan. 6 attack on the Capitol. (Ms. Thomas has openly opposed the committee and called for Republicans who serve on it to be expelled from the House Republican conference.)A hard-line conservative activist, Ms. Thomas had long been viewed with suspicion by the Republican establishment. Yet her influence had risen during the Trump administration, especially after Mr. Meadows, who like Ms. Thomas has roots in the Tea Party movement, became chief of staff. Now, an examination of her texts, woven together with recent revelations of the depth of her efforts to overturn the election, shows how firmly she was embedded in the conspiratorial fringe of right-wing politics, even as that fringe was drawing ever closer to the center of Republican power.The disclosures add urgency to questions about how Ms. Thomas may have leveraged her marriage to Justice Thomas, who would be ruling on elections cases throughout the battle over the 2020 vote and beyond. As his wife agitated for Mr. Trump and his aides to turn aside the election results, Justice Thomas was Mr. Trump’s staunchest ally on the Supreme Court and has remained so. This year, in January, he was the only justice who noted a dissent when the court allowed the release of records from the Trump White House related to the Jan. 6 attack.Calls intensified this past week for Justice Thomas to step aside from such cases. Senator Ron Wyden, Democrat of Oregon, said on Friday that Justice Thomas “needs to recuse himself from any case related to the Jan. 6 investigation, and should Donald Trump run again, any case related to the 2024 election.”The Thomases have been a fiercely close couple for decades. In his memoir, Justice Thomas wrote that they were “one being — an amalgam” and called her his “best friend.” She often uses similar language to describe her husband.In one of his texts to Ms. Thomas, Mr. Meadows called the election a “fight of good versus evil” and added: “Evil always looks like the victor until the King of Kings triumphs. Do not grow weary in well doing. The fight continues.”“Thank you!! Needed that!” Ms. Thomas replied. “This plus a conversation with my best friend just now… I will try to keep holding on. America is worth it!”Ms. Thomas’s texts to Mr. Meadows tap into a deep well of debunked conspiracy theories. References to the rounding up of elected officials, reporters and bureaucrats for military tribunals at Guantánamo Bay are drawn from QAnon, which imagines Satan-worshipping leaders running the country and trafficking children.Yet in the days after the election, Ms. Thomas had far more standing to take action than most who embraced such canards. As Mr. Trump courted Justice Thomas during his years in office — curious about his popularity among the Republican base and also about rumors that he might retire, aides said — the justice’s wife won increasing access to the White House.Though some Trump aides came to view her with such suspicion that they assembled opposition research meant to damage her standing with Mr. Trump — among other things, she pressed the president to hire people who could not pass background checks, the aides said — her clout grew with time.The arc of her political career had also led her to a powerful new platform. Ms. Thomas had started out working for establishment right-leaning organizations like the Heritage Foundation and the U.S. Chamber of Commerce. But her desire for more radical change had led her to the Tea Party, and increasingly to the party’s fringes. Mr. Meadows, who was appointed chief of staff in March 2020, held similar views and has attended meetings of Groundswell, a group that Ms. Thomas founded in 2013 after consulting with Stephen K. Bannon, who would later become Mr. Trump’s chief strategist.With their brand of conservatism ascendant, Ms. Thomas had been appointed in 2019 to the nine-member board of CNP Action, an offshoot of a secretive but influential conservative group called the Council for National Policy, whose membership includes leaders of the National Rifle Association, the Family Research Council and the Federalist Society.The New York Times Magazine, in a profile of the Thomases published last month, detailed CNP Action’s assertive role in efforts to overturn the presidential election. That included circulating a document to its members in November 2020 urging them to pressure Republican lawmakers in swing states to challenge the results and appoint alternate slates of electors: “Demand that they not abandon their Constitutional responsibilities during a time such as this,” the document said.Text messages between Ms. Thomas and Mark Meadows were part of a trove of documents turned over by Mr. Meadows to the House committee investigating the Jan. 6 attack.Al Drago for The New York TimesIn one of her texts, the contents of which were earlier reported by The Washington Post and CBS News, Ms. Thomas sent Mr. Meadows a link to a video featuring Steve Pieczenik, a former State Department official who was claiming that mail-in ballots had been watermarked as part of an elaborate government sting operation to catch voter fraud. Mr. Pieczenik previously appeared on a webcast with the conspiracy theorist Alex Jones and claimed that the 2012 school massacre in Newtown, Conn., was a false-flag operation, a notion that has been thoroughly debunked.On Nov. 19, Ms. Thomas promoted the efforts of Sidney Powell, the Trump lawyer who spent much of the postelection period spreading conspiracy theories. “Sidney and her team are getting inundated with evidence of fraud,” Ms. Thomas wrote to Mr. Meadows. “Make a plan. Release the Kraken and save us from the left taking America down.”That same day, Ms. Powell held a news conference with Rudolph W. Giuliani, one of Mr. Trump’s lawyers, at the Republican National Committee headquarters in Washington. There, she laid out baseless allegations that a cabal that included Chinese software firms, international shell companies and the financier George Soros had conspired to hack America’s voting machines.At that time, Ms. Powell was in the early stages of preparing four federal lawsuits that would present this purported plot as a reason for judges to overturn the election results. She nicknamed her suits the “Krakens,” referring to a giant octopus-like sea creature.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3Virginia Thomas’ text messages. More

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    Real Justice: Justice Jackson

    WASHINGTON — A snarling pack of white male Republicans ripping apart a poised, brainy Black woman at a Senate Judiciary Committee hearing, using sordid innuendos and baseless claims about race and porn to smear her, as her pained family sits behind her.It has been 31 years since I watched this scene, disgusted, when Anita Hill was questioned during confirmation hearings for Justice Clarence Thomas. Now Ketanji Brown Jackson has been cast into the same medieval torture chamber on Capitol Hill, with Democrats once more struggling to shield their witness from being mauled.This time, the male Torquemadas were joined by a female inquisitor, Marsha Blackburn. The Tennessee Republican is all magnolia Southern charm — until she spits venom.“Can you provide a definition for the word woman?” Blackburn asked Judge Jackson, invoking the controversy over a transgender swimmer from the University of Pennsylvania. Blackburn’s question inspired Tucker Carlson to later hold up a graphic of a woman’s reproductive system, along with a silhouette of a woman so shapely that Roger Ailes would have approved.What is a woman? Jackson shows that a woman is someone who stays cool in the face of calumny and is headed for the Supreme Court. And that will be justice for Justice Jackson.A better question might be: What is a senator?Is it a dolt who cares more about boosting unrealistic presidential ambitions with distorted information than making the Senate, for once, look like a dignified body?Feral Republicans took an exemplary record and twisted it to make Jackson look like an enabler of pedophiles. Tom Cotton all but accused her of lying, just as Arlen Specter accused Hill of perjury — based on nothing.Less than a year ago, Lindsey Graham voted to confirm Jackson for the D.C. Court of Appeals, calling her “qualified.” Now he berates her with odd questions and seems to blame her for Brett Kavanaugh’s grilling. If only John McCain could appear to him like Hamlet’s father’s ghost and slap him into shape.Perhaps Joe Biden sees his selection of Judge Jackson as a sort of expiation for his dismal performance as committee chairman for the Hill-Thomas hearings. Biden allowed the Republicans to run wild, and then he shut down the hearings before Hill’s backup witnesses testified. He cleared the path for Clarence Thomas, a liar and sexual harasser, to ascend to a lifetime appointment on the Supreme Court and impose his far-right views on the country.As Jill Abramson wrote in the Times Opinion section, the court’s 6-3 majority now “seems to be reshaping itself in Justice Thomas’s image.”In a speech at Notre Dame last year, Thomas lamented, “We have lost the capacity, even I think as leaders, to not allow others to manipulate our institutions when we don’t get the outcomes we like.”And yet manipulating institutions is exactly what his wife, Ginni, tried to do. As Bob Woodward and Robert Costa reported in a Washington Post-CBS News bombshell, the conservative activist worked frantically to overturn the results of the 2020 election, calling it an “obvious fraud,” as Donald Trump and his allies were vowing to go to her husband’s court to nullify Biden’s win.Ginni Thomas has had a chip on her shoulder since the Hill-Thomas hearings — she shamelessly left Hill a voice message in 2010 asking for an apology — and no doubt she thought if she could help claw back the presidency from Biden, that would be sweet revenge.In a cascade of text messages, she urged Trump’s chief of staff, Mark Meadows, to get Trump back into the Oval. “Help This Great President stand firm, Mark!!!” she pleaded, adding, “The majority knows Biden and the Left is attempting the greatest Heist of our History.” Ginni — who attended the Jan. 6 rally before the raid on the Capitol started — urged Meadows to “Release the Kraken.”The Republicans badgering Judge Jackson aren’t asking a single question about the explosive revelations regarding Ginni Thomas — and nor are the rest of their party. Did the justice know what his wife was doing? Was he OK with it? Does he accept that he must recuse himself from cases dealing with Jan. 6 and the election?Apparently not. “Justice Thomas has already participated in two cases related to the 2020 election and its aftermath, despite his wife’s direct involvement in the so-called Stop the Steal efforts,” Jane Mayer reported in The New Yorker.When the court rejected Trump’s request to prevent the Jan. 6 committee from getting his records relating to the attempt to overturn the election results, Thomas was the sole dissenter. Do the records implicate Ginni?Stephen Gillers, a judicial ethicist, told Mayer that it was Clarence Thomas’s duty to know about Ginni’s crusade: “‘Don’t ask, don’t tell’ is not an acceptable strategy for the Thomases’ marriage.”Thomas should never have been on the court. Now that we know his wife was plotting the overthrow of the government, he should get off or be thrown off. You can’t administer justice when your spouse is running around strategizing for a coup.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