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      Popularity is optional as Republicans find ways to impose minority rule

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      “We called for you all to ban assault weapons, and you respond with an assault on democracy.” These were the words of Justin Jones, a Black Democrat, to Tennessee Republicans after he and a colleague, Justin Pearson, were expelled for leading a gun protest on the state house of representatives floor.A week later, Jones and Pearson were reinstated amid applause, whoops and cheers at the state capitol in Nashville. But few believe that the assault on democracy is at an end. What happened in Tennessee is seen as indicative of a Donald Trump-led Republican party ready to push its extremist agenda by any means necessary.Opinion poll after opinion poll shows that Republicans are increasingly out of touch with mainstream sentiment on hot button issues such as abortion rights and gun safety. Accordingly, the party has suffered disappointment in elections in 2018, 2020 and 2022. Yet instead of rethinking its positions, critics say, it is turning to rightwing judges and state legislators to enforce minority rule.Larry Jacobs, director of the Center for the Study of Politics and Governance at the University of Minnesota, said: “The ballot box didn’t work – the voice of the people said, we’re not going to tolerate these kind of threats by Republicans. But Republicans are using other tools and shredding the fabric of American democracy. It’s a kind of minority authoritarianism.”Despite extraordinary pressures, democracy has proved resilient in recent years. It survived an insurrection at the US Capitol on 6 January 2021. Joe Biden was sworn in as the duly elected president and declared in his inaugural address: “Democracy has prevailed.” And election deniers were routed in last year’s midterms.But while Democrats control the White House and Senate, Republicans have proved expert at finding workarounds, using cogs in the machine that have typically received less attention from activists, journalists and voters. One of them is the judiciary.The supreme court, which includes three justices appointed during Trump’s single term, last year overturned the Roe v Wade ruling that had enshrined the right to abortion for nearly half a century, despite opinion polls showing a majority wanted to protect it.Lower courts have also flexed their muscles. Matthew Kacsmaryk, a judge nominated by Trump in Amarillo, Texas, has ruled against the Joe Biden administration on issues including immigration and LGBTQ+ protections. Earlier this month he blocked the Food and Drug Administration’s (FDA) approval of the abortion pill mifepristone, the most common abortion method in America.A legal battle ensued with the justice department pledging to take its appeal all the way to the supreme court. The political backlash was also swift.Mini Timmaraju, the president of Naral Pro-Choice America, said: “One extremist judge appointed by a twice impeached, now-indicted former president, Donald Trump, was attempting to effectively ban medication abortion nationwide. The decision is a prime example of minority rule at its worst. These extremists will not stop until they control our reproductive health decisions.”Polling by Ipsos shows that two-thirds of Americans believe medication abortion should remain legal, including 84% of Democrats, 67% of independents and 49% of Republicans. Timmaraju added: “It’s obvious that anti-choice extremists and lawmakers are out of step with Americans. It’s really worth remembering how far out of step they are.”If judges fall short of the Republican wishlist, state governors have shown willingness to intervene. In Texas, Greg Abbott has said he will pardon an Uber driver convicted of murder in the July 2020 shooting of a man at a Black Lives Matter protest in downtown Austin, the state capital.The case hinged on whether the shooting was in self-defence. A jury found that Perry, who is white, shot and killed Garrett Foster, a 28-year-old white man, who was carrying an AK-47, according to the Austin American-Statesman newspaper. Abbott tweeted that he will pardon Daniel Perry, 37, an army sergeant, as soon as a request from the parole board “hits my desk”.Earlier this year Abbott also led a state takeover of Houston’s public school district, the eighth biggest in the country with nearly 200,000 students, infuriating Democrats who condemned the move as politically motivated.In Florida another Republican governor, Ron DeSantis, has centralised power as he assails gun safety and voting rights, the teaching of gender and race in schools and major corporations such as Disney. On Thursday he signed a bill to ban most abortions after six weeks of pregnancy.In this he is backed by a supermajority in the Florida state legislature. State governments, which receive less and less scrutiny as local newspapers go extinct, are another key weapon in the Republican arsenal. In deep red states they have imposed near or total bans on abortion, loosened gun restrictions, curbed LGBTQ+ and voting rights and endorsed Trump’s false claims of election fraud.RaceMinority rule is, more than anything, about race. Whereas white Christians made up 54% of the population when Barack Obama was first running for president in 2008, they now make up only 44%.Activists point to Republican-dominated state governments pushing legislation that would allow them to control Black-led cities and push hardline policies on crime. Examples include expanding the jurisdiction of state police in Jackson, Mississippi, and removing local control of the St Louis police department in Missouri. Republicans in the US Congress itself overturned police reform in Washington DC.Makia Green, a lead strategist for the Movement for Black Lives, said: “A lot of it is not only taking away the people we sent to speak for us – to make sure that our voices are heard and that we are part of the process – but also to overwhelm Black voters, to instil apathy in Black voters so that it feels like, ‘I went out, I voted, I did what I had to do, and they took the power away from me, so why should I show up next year?’”Green, co-founder of Harriet’s Wildest Dreams, a Black community organisation in the Washington area, added: “Our democracy has holes in it, especially with the record number of attacks on voting rights and civic education. Republican and rightwing extremists have been making it harder and harder for our people to vote and so people are questioning, do I still live in a democracy?”Then there was Tennessee where, on 6 April, Republicans sparked national outrage by kicking out Jones and Pearson, two young Black Democrats, as punishment for breaking rules of decorum a week earlier by leading a protest inside the house chamber. The demonstration was prompted by a March school shooting in Nashville in which three children, three adults and the attacker were killed.Just as on abortion, Republicans are demonstrably at odds with public opinion on gun safety. A poll last year by the University of Chicago Harris School of Public Policy and the Associated Press-NORC Center for Public Affairs Research shows 71% of Americans say gun laws should be stricter, including about half of Republicans, the vast majority of Democrats and a majority of those in gun-owning households.Meagan Hatcher-Mays, director of democracy policy at the progressive movement Indivisible, said: “It’s never the situation that the GOP moderates their position on something. It’s always a reflexive pivot to attacking and undermining democracy and that’s exactly what they did in this situation.”But Hatcher-Mays added: “If there’s any silver lining to the way that the GOP behaves it’s that they can’t hide forever from the bad and unpopular things that they do.”Republicans have long been struggling against demographic headwinds and political trends. They have lost the national popular vote in seven of the last eight presidential elections. They suffered another reminder of abortion’s potency when a Democratic-backed Milwaukee judge won a recent Wisconsin supreme court race with the fate of the state’s abortion ban on the line.Republicans remain competitive in the US Senate – the body that approves nominated judges – because small, predominantly white states get two seats each, carrying as much weight as vast, racially diverse ones. In 2018 David Leonhardt of the New York Times calculated that the Senate gives the average Black American only 75% as much representation as the average white American, and the average Hispanic American only 55% as much.Kurt Bardella, a Democratic strategist, noted that the government was founded with checks and balances to ensure that minority viewpoints could be heard. “But it was not the intent of the framers and founders to have those minority views imposed on the majority and certainly not to have those in the minority attack the rule of law to try to unravel majority rule, which is what’s happening right now. It doesn’t get more anti-democratic than expelling members from a legislative body for expressing themselves in a constitutionally protected way.“Republicans are inflicting injury and harm on democracy. It’s a continuation of what they started to do with the big lie [that the 2020 election was stolen] … which paved the way for an insurrectionist attempt. We’re seeing other extreme iterations of that play out in individual states. When you have a minority of people exercising power over the majority, that’s authoritarianism.”Additional reporting by Lauren Gambino More

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      Justin Pearson celebrates return to Tennessee legislature after expulsion

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      The second of two Black Democrats who were kicked out of the Republican-led house of representatives in the Tennessee legislature followed his colleague back to work at the capitol on Thursday, a week after their expulsion for participating in a gun control protest propelled them into the national spotlight.State representative Justin Pearson, a lawmaker from Memphis, was sworn in on Thursday outside the statehouse in Nashville. The day before, Shelby county commissioners had unanimously voted to reinstate him after an expulsion he, his fellow expelled lawmaker Justin Jones and others have denounced as motivated by racism.“Yes indeed, happy resurrection day,” Pearson said on Thursday morning as he signed paperwork for his return.“There will be a new building of this building, with a foundation built on love,” Pearson said during a fiery speech outside the capitol after being sworn in and before returning to the house floor.He continued: “With pillars of justice rising up. With rafters of courage covering us. With doors that are open to everybody in the state of Tennessee. Not just rich somebodies, but everybody. Not just straight somebodies, but everybody. Not just Republican somebodies, but everybody.”Joe Biden and Kamala Harris had forcefully criticized the representatives’ expulsion.Before Pearson returned to the house floor, lawmakers cheered and applauded as the police officers who responded to the deadly 27 March mass shooting at a Nashville elementary school shooting – the event that prompted the gun control protest – were honored in the chamber.The Democratic state representative Bob Freeman praised the officers’ bravery but stressed to his fellow lawmakers that as a response to the tragedy “inaction is not an option”.Republicans banished Pearson and Jones last week for their role in the protest on the house floor over the shooting, which left three children and three adults dead.In his address outside the capitol, Pearson read the names of those killed and referenced another mass shooting on Monday at a bank in Louisville, Kentucky, in which five people were killed and eight others were injured.“Our law enforcement, which many people praise, are being forced to go to war when they just are going to work,” Pearson said.“Kids are told to go to fortresses, instead of to go to school and places of learning. We’re told to go to church, carrying the status quo’s thoughts and prayers, while we must be in fear that somebody will walk in with an assault weapon.”The Nashville metropolitan council took only a few minutes on Monday to restore Jones to office. He was quickly reinstated to his house seat that day.The appointments are interim, though Jones and Pearson plan to run in special elections for the seats later this year.The house’s vote to remove Pearson and Jones but keep their white colleague Gloria Johnson, who also took part in the protest, drew accusations of racism.Banishment is a move the chamber has used only a handful of times since the civil war. The so-called Tennessee Three – participating from the front of the chamber – broke house rules because they did not have permission from the speaker.The expulsions last Thursday made Tennessee a new front in the battle for the future of American democracy. In the span of a few days, the two raised thousands of campaign dollars and the Tennessee Democratic party received a jolt of support from across the US.In Tennessee, Republican lawmakers have been supportive of the idea to strengthen school safety, but they have largely rejected calls for stricter gun controls with only weeks to go in the legislative session. More

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      Ousted Tennessee Democrat Justin Pearson reinstated by local commission

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      Local government officials in Memphis, Tennessee, voted on Wednesday to return the second of two Democratic state lawmakers expelled from the statehouse last week by Republicans over a gun safety protest following another school shooting.The Shelby county commission voted to nominate Justin Pearson, 29, as interim state representative to fill the vacancy created when he and fellow Democrat Justin Jones were ousted for taking part in a gun reform protest in the chamber following the murders of six people last month at a Nashville school.The two Black men had recently joined the legislature and condemned their expulsion as a racist action. Joe Biden had criticized the expulsion as unprecedented and Kamala Harris railed against the action on a hastily-arranged trip to Nashville last Friday less than 24 hours after the two lawmakers were ousted.Jones, 27, was returned to his seat on Monday in a unanimous vote by the Nashville council.On Wednesday afternoon, the Shelby county board of commissioners, where Democrats hold a supermajority, voted in favor of doing the same for Pearson at a special meeting in Memphis, where Pearson’s district is located.In announcing the meeting, Mickell Lowery, the board’s chairman and a Democrat, had called the expulsions “unfortunate”.The commission meeting was preceded by a protest rally at the National Civil Rights Museum in Memphis in support of Pearson, who said in a powerful New York Times opinion essay on Wednesday that he “wasn’t elected to be pushed to the back of the room and silenced”.A community organizer before entering politics, Pearson condemned what he saw as hypocrisy from Republican lawmakers.“There is something amiss in the decorum of the state house when GOP leaders like Representative Paul Sherrell, who proposed death from ‘hanging by a tree’ as an acceptable form of state execution (Mr Sherrell later apologized for his comment), feel comfortable berating Mr Jones and me for our peaceful act of civil disobedience.“This, in Tennessee, the birthplace of the Klan, a land stained with the blood of lynchings of my people.”The Republican majority opted not to expel a third member of the so-called Tennessee Three, Democrat Gloria Johnson, 60, who is white.In his op-ed, Pearson also called out Republicans, in Tennessee and elsewhere, for promoting a swath of pro-gun legislation he said left the US “a nation in pain and peril”. Thousands were drawn to the statehouse in Nashville to protest the Covenant school shooting, he said, but were ignored by his Republican colleagues.skip past newsletter promotionafter newsletter promotion“Some have averted their eyes and hurried into the chamber, walking through hundreds of mourning protesters to discuss a bill to further expand gun rights by allowing teachers to carry weapons on campus,” he said.“But many of us did not. We stopped and embraced traumatized children, parents and elders. We prayed. We protested.”On Tuesday, Bill Lee, Tennessee’s Republican governor, said he would sign an executive order to strengthen background checks for weapons purchases in the state, and called on lawmakers to pass a red flag law to keep guns away from those who pose a danger to themselves or others.“We should set aside politics and pride and accomplish something that the people of Tennessee want to see get accomplished,” Lee said. The governor and his wife, Maria, were friends with two teachers killed at the Covenant school.Pearson acknowledged Lee’s action in his essay as “a small victory for our people clamoring for change”. More

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      Removing Black lawmakers is voter suppression – and the US has done it for centuries

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      When Tennessee lawmakers expelled two Black legislators from the state’s Republican-dominated house of representatives, pundits described the decision as “stunning” and “historic”. Joe Biden called it “shocking, undemocratic and without precedent”. The New York Times characterized it as “an extraordinary act of political retribution”.Sorry, have you met America?This tragic comedy always has the same theme: Black voter suppression vs white power. In the comparatively short arc of this country’s political history, this display of unapologetic whiteness is as unusual as water being wet and fire being hot. It is the most preposterous narrative to say the partisanship that defines this political climate is new or even remarkable.In 1869, the Georgia supreme court ousted Chatham county’s Black superior court clerk Richard W White from office. The three-judge panel noted that White “received a majority of the votes” and was “eligible, and qualified by law for said office”. Nevertheless, White was removed. Theconstitution didn’t matter. Votes didn’t matter. All that mattered was whiteness. So, instead of naming their decision White v Clements, the Georgia supreme court rejected the usual naming conventions and opted instead for the more candid title Can a Negro Hold Office in Georgia?On 10 January 1966, Georgia’s house of representatives refused to seat the civil rights activist-turned-legislator Julian Bond after he signed a statement opposing US involvement in the Vietnam war. Bonds’ majority district went without representation until the US supreme courtunanimouslydecided that the first amendment protected Bond’s right to speak out on public issues.The fact that Justin Jones has been reinstated by a vote of Nashville’s council and Justin Pearson probably will be by a similar vote doesn’t mean the opposition party will stop using tricks from which democracy, common decency and even the rule of law offer no shelter.The decision to subvert the will of the voters and evict state representatives is not unprecedented – it is a great American tradition. And when placed in the context of white history, the theme that emerges has more to do with America’s racial binary than it does two-party politics.All politics is about power and there can be no real conversation about American politics that ignores the single, most common characteristic of the people who wield it. The weaponization of white power is a poltergeist that has haunted every significant political decision ever made, from the drafting of the constitution to the picking of presidents. It defined American citizenship, catapulted a toddler country into an economic superpower and created the bloodiest war in the history of this continent. In fact, racism might be the most bipartisan part of politics.Republicans whose historical knowledge is limited to eighth-grade social studies books love to tout that they’re the party of abolition and Reconstruction. They therefore blame the totality of the post-civil war racial terrorism on “the Democrats”.Even though it would be more accurate to attribute this political and social violence to southern conservatives still wistful about the lost cause of the Confederacy, these history buffs conveniently forget how the success of Black Republican candidates outraged the party’s white members, sparking the “Lily White Republican movement” that lasted for half a century, until the 1930s. This anti-Black GOP movement began in Texas, but soon Republican committees in North Carolina, Virginia, Alabama and nearly every southern state banned Black candidates from running for office. Lily White Republicans were willing to sacrifice their party’s political power to preserve the racial hierarchy.While Julian Bond, Black Republicans and the Tennessee Three may have lost their elected positions, there is a far longer list of Black officials who were murdered in order to remove their authority.Returning to 1868, Georgia’s Black voters had already registered to vote in droves. Buoyed by a turnout rate (74.8%) twice that of their white counterparts (38.4%), the newly freed electorate sent 30 Black state representatives and three African American state senators to the Georgia legislature in that year’s election.By 1869, every one of the duly elected Black lawmakers known as the “Original 33” had already been ousted from the state assembly and a quarter of them had already been killed, threatened, beaten, or jailed. Hundreds of African Americans had been massacred by terrorist groups. By the time the state’s highest judicial body determined, in the Can a Negro Hold Office in Georgia? case, that state law “does not confer upon the colored citizens of this State the right to hold office”, white conservatives had already gained control of state politics and reasserted the government-sanctioned system of white supremacy.This story repeats and repeats.In 1898, a lynch mob unseated Lake City, South Carolina’s new postmaster, Frazier B Baker, by shooting Baker and his two-year-old daughter Julia dead. White vigilantes shot the South Carolina state representative Simon Coker in the head as he prayed – he was one of at least two dozen Black Republicans murdered in his state on that day. The civil rights attorney Robbie Robertson won his seat on the Savannah, Georgia, city council with 80% of the vote and lost it to a 1989 mail bomb.Murder of Black representatives is the purest form of voter suppression. It exposes the myth that there is a conservative “pro-life” movement that doesn’t believe in “cancel culture”.And to be clear, the historical effort to suppress Black political power has nothing to do with ensuring the supremacy of the white race. If the powerful white people in the Tennessee legislature were truly concerned about the collective wellbeing of white people, they would have protected white children by helping the legislators they ousted to pass gun control laws. If they truly wanted white kids to succeed, they wouldn’t condemn their constituents to perpetual ignorance with a whitewashed version of history.More than 160 years ago, the Tennessee state senator William H Barksdale, speaking from the same building Pearson and Jones were removed from, exposed the entirety of this strategy. “Our slaves are true and faithful, we fear not them,” he said, defending a bill “for the expulsion of Negroes from this state” in 1860, “but this free, combustible material, this fire brand, let us prepare for the future and hurl it out of the camp.”They do not care about white people; they care about white power, and anti-Blackness will continue to be the most reliable tool for maintaining their authority and control. More

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      The Tennessee GOP presents itself as a defender of democracy. Do not fall for it | Jan-Werner Müller

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      This past week, a Republican supermajority voted to expel two young African American men from the Tennessee legislature; a third Democrat – who happens to be white and female – only narrowly escaped this punishment. The charge? The lawmakers, who are now being called “the Tennessee Three”, had participated in a protest against the GOP’s cynical inaction after the elementary school shooting in Nashville on 27 March.According to Republicans, using bullhorns breached the “decorum” of the legislature. This de facto disfranchisement demonstrates yet again that the problem with the GOP is not one lone demagogue (who may or may not be consumed by lawsuits), but a commitment by plenty of its members to authoritarianism at federal, state and local levels.What’s more, Republicans, in a typical form of projection, now present themselves as defenders of democracy, and Democrats as a source of “disorder” and “dishonor” for sacred political institutions. They even draw a parallel between peaceful protest and the January 6 insurrection. We must not fall for this false equivalence; and we must remember that even measures beyond ordinary protest – namely civil, which is to say peaceful, disobedience – can be legitimate if they serve democratic ends.US states have long functioned as laboratories for autocratic measures, be it vote suppression or gerrymandering. Ron DeSantis and other pioneers of what scholars call autocratic legalism are experimenting in state assemblies to see how they can entirely disempower their opponents through measures that violate the spirit of democracy, but are passed in procedurally correct ways.This happens even in situations where Republicans already have supermajorities and Democrats appear to be condemned to griping from the sidelines. In Oklahoma, a Black, Muslim and non-binary representative, Mauree Turner, was censured and relieved of committee assignments by the GOP-controlled legislature after a transgender activist found refuge in their office. Such measures obviously have a chilling effect; they also send a not-too-subtle signal of what kind of minorities Republicans deem dangerous.Of course, as we have learned the hard way in recent years, knowing how to lose matters greatly in a democracy. Rightwing politicians will charge that protesters against outcomes they don’t like are simply sore losers who throw “temper tantrums”, as the Tennessee GOP sponsor of the expulsion measures put it; maybe not insurrectionists, but, ultimately, in the same category as the January 6 rioters. The right thus turns the charge habitually levelled against Trump and his autocratizer allies around: it is the “woke mob” that is breaking both formal and informal norms on which democracy ultimately depends.This is the politics of false equivalence. For one thing, losers in a democracy do of course remain free to criticize the outcome; all the losers are asked to do is put up with the results, not to shut up about the results. And, at the risk of stating the obvious: a noisy protest is not the same as trying to hang the vice-president and kill the speaker of the House. In situations, however, where results evidently do not reflect what majorities actually want, it is also perfectly legitimate to dramatize this fact in a peaceful manner. After all, the reason why the US remains a country where civilians can brandish assault rifles is not due to some age-old American tradition, nor to the second amendment (which – do we really need a reminder? – regulates militias and does not license individuals to acquire technology made for mass shootings). Rather, it is the multiple veto points that allow well-resourced minorities to block legislation which, in less dysfunctional democracies, would long have long been pushed through. It is not protesters who cause “disorder” and “dishonor” here; it is the cynical defenders of a long-discredited status quo.In the face of such a tyranny of the minority, what some legal scholars call a distinctly democratic form of disobedience – which is to say, peaceful and primarily symbolic, lawbreaking – can be justified. The idea is different from the kind of peaceful law-breaking associated with the civil rights movement; the latter was alerting majorities to a fundamental injustice which absolutely had to be rectified. Democratic disobedience, by contrast, gives leeway for people to decide what they consider legitimate outcomes – but it has to be genuine majorities who make the call, as opposed to special interest groups, or, for that matter, justices apparently beholden to such groups.Democracy is not about decorum or, as the communitarian kitsch endlessly repeated in our age has it, “civility”. Its purpose is to help us deal with disagreements and divisions; the latter will not magically heal if we just keep our voices down or refrain from grabbing bullhorns. Those targeted by the radical right now dominant in many GOP-controlled state legislatures have every reason to make what John Lewis famously called “good trouble, necessary trouble”. More