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      I Clerked for Justice O’Connor. She Was My Hero, but I Worry About Her Legacy.

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      When I learned that Justice Sandra Day O’Connor had died, I felt not just the loss of a world historical figure but also the loss of someone who formed a part of my identity.As a young woman, I was in awe of Justice O’Connor. Her presence on the Supreme Court offered an answer to any doubts I had that I belonged in the law. As a young lawyer, I was lucky enough to work for a year as her law clerk.While clerking for her, I came to understand and appreciate not only her place in history but also her vision of the law. She refused opportunities to issue sweeping opinions that would substitute her ideals for the democratic process. This made it all the more tragic that toward the end of her career, she joined in a decision — Bush v. Gore — that represented a rejection of her cautious approach in favor of a starkly political one.For me, she stands as a shining example of how women — everyone, really — can approach life and work. I witnessed her warmth, humor and humanity while experiencing the gift of learning and seeing the law through her eyes. Those personal and legal impressions have left an enduring mark on me as a person and as a lawyer.At the time Justice O’Connor became a lawyer, women in that role were rare. As has now become familiar lore, after she graduated near the top of her class from Stanford Law School in 1952, she was unable to find work as a lawyer. As a justice, she made sure that opportunities denied to her were available to others. Shortly after I graduated from law school, I joined two other women and one man in her chambers, making a rare majority-woman chamber when just over a third of the clerks for Supreme Court justices were women.I always found it remarkable that I never heard Justice O’Connor talk with any bitterness of the barriers she faced pursuing her career. Instead, she worked hard and without drama to overcome them. Remarkably, that experience did not harden her.She had a wicked sense of humor. The door to our clerks’ office held a photocopied image of her hand with the words “For a pat on the back, lean here.” Her face transformed in an almost girlish way when she laughed, which she did often.When she met with the clerks on Saturday to discuss upcoming cases, she brought us a home-cooked lunch — often something inspired by her Western roots. (One memorable example was tortillas and a cheesy chicken filling, to make a kind of cross between a burrito and a chicken quesadilla. It was a bit of a mess to eat but delicious.) She insisted that we get out of the courthouse and walk with her to see the cherry blossoms, and she took us to one of her favorite museums; once we visited the National Arboretum and lingered at the bonsai exhibit. She believed firmly in the benefits of exercise, and she invited us to join daily aerobics sessions with a group of her friends early in the morning in the basketball court above the Supreme Court chamber, which she delighted in calling the “highest court in the land.”She was also a hopeless romantic, and she was well known for trying to find partners for her single clerks. She met her husband, John, in law school, and they married shortly after graduation. He had received an Alzheimer’s diagnosis when I clerked for her, though that knowledge was not yet public. He often came by her chambers as she worked to maintain a sense of normalcy. She retired in 2006 largely because of his progressing dementia. In a powerful lesson of what it is to love, she was happy for him when he struck up a romance with a fellow Alzheimer’s patient. It was devastating to learn that she was subsequently diagnosed with dementia herself.When I clerked for her in 1998 and ’99, she was at the height of her powers. She was the unquestioned swing justice, and some called her the most powerful woman in the world.But she approached the role with humility. Considered a minimalist, she worked to devise opinions that decided the case and usually little more. She was sometimes criticized for that approach. Justice Antonin Scalia made no secret of his frustration. When she refused to overturn Roe v. Wade, in the 1992 case Planned Parenthood v. Casey, he snarlingly referred to the opinion as a “jurisprudence of confusion.” She was criticized by many academics for failing to articulate a grand vision of the law.What they missed was that this was her grand vision of the law — or at least of the Supreme Court. She had spent the formative part of her career before she entered the court as a member of the Arizona State Legislature, where she rose to become the first female majority leader of a State Senate.She believed that the most important decisions about how to govern the country belonged to the political branches and to state legislatures, not to a court sitting in Washington. Seeing the law through her eyes during the year I worked for her, I realized that she was not looking for a sweeping theory that would change the face of the law. She wanted to decide the case before her and provide a bit of guidance to the lower courts as necessary but leave the rest to the democratic process.In December 2000, this made reading the opinion she joined in Bush v. Gore all the more heartbreaking. Her vote made a 5-to-4 majority for the decision to halt the recount in Florida rather than allow that process to play out, throwing the election to George W. Bush, who became the first president since 1888 to be elected without winning the popular vote. The decision, widely criticized for its shoddy reasoning, was the opposite of the careful, modest decisions she had spent her career crafting. It disenfranchised voters whose ballots had been rejected by ballot-counting machines in the interests of finality — in the process substituting the judgment of the court for the expressed will of the people.The court showed that it could — and would — behave in nakedly political ways. It had given into the temptation to engage in ends-driven reasoning that was utterly unpersuasive to those who did not already share its view of the right result. In doing so, the court might have opened the door to what has now become something of a habit.Justice O’Connor retired just over five years later, and she was replaced by Samuel Alito. It has been painful to watch as, in decision after decision, he has voted to undo much of the legacy she so carefully constructed. The blunt politics of Bush v. Gore now look less like an embarrassing outlier and more like a turning point toward a court that has cast aside Justice O’Connor’s cautious minimalism for a robustly unapologetic political view of the law. Unsurprisingly, public opinion of the court has fallen to a near historic low.Justice O’Connor remains a transformative figure in the law, a woman who charted a path that I and so many others have followed. If the court is to regain the public trust, it should look, once again, to her shining example, which embodied a powerful ideal: the court is not a body meant to enact the justices’ vision of what the law should be. Its role is, instead, to encourage our imperfect democracy to find its way forward on its own.Oona A. Hathaway is a professor of law and political science at Yale University and a nonresident scholar at the Carnegie Endowment for Peace.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, Instagram, TikTok, X and Threads. More

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      There’s a Bomb Under the Table

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      Alfred Hitchcock explained the nature of cinematic terror with a story about the bomb under the table. People are sitting around a table having a mundane conversation about baseball when — boom! — a bomb goes off, instantly killing everyone. You’ve momentarily surprised the audience.But what if, Hitchcock asked, we are shown beforehand that the bomb is there?“In these conditions this same innocuous conversation becomes fascinating because the public is participating in the secret,” Hitchcock explained to his fellow director François Truffaut. While everyone is just sitting around chatting, the viewer wants to shout: “Don’t sit there talking about baseball! There’s a bomb!”“The conclusion,” Hitchcock said, “is that whenever possible the public must be informed.”I bring this up because we know there’s a bomb under the table — the threat of a second Donald Trump presidency. And we have a fairly good idea of the crippling destruction that will ensue. Yet here we are, still talking about baseball.“A shadow looms over the world,” The Economist noted in a recent editorial about the year ahead. “That a Trump victory next November is a coin-toss probably is beginning to sink in.”Trump’s increasingly authoritarian braying makes his intentions clear: nullifying parts of the Constitution, imprisoning political foes. The Trump who used to obsess about what the mainstream media — even Twitter/X — thought of him no longer does. He doesn’t need to. The Trump who tried to burnish his credibility by stocking his cabinet with establishment Republican stalwarts will no longer risk anything less than proven fealty. There will be no one on the inside leaking or secretly restraining Trump in a second term; Trump has kept track of the names.Trump’s first term will look benign compared with what we can expect from a second. “The gloves are off,” Trump has declared.Still, the Democrats act as if everything is normal. They talk about why to support Joe Biden’s campaign for re-election: He has done a pretty good job, they say. He led the country out of the pandemic and avoided a deep recession. He beat all other primary candidates last time. And he beat Trump before. We should go with a proven contender.But even if Biden has done a pretty good job as president, most Americans don’t see that. His approval ratings have just hit a new low. Biden may want another term, but the obvious if unchivalrous response is, “So what?” Not every person, whether young or elderly, wants what is in his own best interest, let alone in the interest of a nation. Democrats can’t afford to take a version of the “It’s Bob Dole’s turn” approach this time around.Whatever success Biden had in the primaries and general election last time, we are not in the same place we were in 2020. The pandemic has receded; the animating cause behind widespread domestic protests has changed. We are now entangled in two overseas wars. Several polls show a tossup between Biden and Trump.“Stop badmouthing Biden,” some Democrats will say, as if acknowledging reality were akin to arming the enemy. But desperate times call for bucking tradition. What we need are extraordinary measures.That means Biden voluntarily stepping aside — and not automatically backing his vice president either. What we need is a capable, energetic candidate who can lure the Democratic faithful to the ballot while offering a plausible alternative for independents and non-Trumpian Republicans.And we have options. Representative Dean Phillips of Minnesota has already taken the gutsy step of declaring his candidacy and shown that he’s serious about the effort. A full slate of potential contenders offer the same kind of moderation that propelled Biden to the presidency, but with the benefit of youth and energy: Gov. Gretchen Whitmer of Michigan. Senator Raphael Warnock of Georgia. Transportation Secretary Pete Buttigieg. Even mixed-bag Gov. Gavin Newsom of California or the relatively unproven Gov. Wes Moore of Maryland.It’s past time to start taking the Trump threat seriously. We can no longer pretend that Biden is the same candidate at 81 that he was four years ago, or that the extraordinary circumstances of 2020 mirror those of today. We can no longer entertain petty comparisons over which Republican primary candidate is less awful, as if any of it matters. There is no more illusion that Trump will slip away, that Republicans will move on from Trumpism or that a parade of indictments or even convictions will make a whit of difference to his most ardent supporters.When Trump won in 2016, Americans who sat on the sidelines could say in their defense that they were surprised. Nobody had warned them that Trump could actually triumph. Nobody had warned them about what he would do with that presidency — or they just hadn’t noticed the signs. We no longer have those excuses.We know there is a bomb under the table.Source photographs by Luis Diaz Devesa and Joe Sohm/Visions of America, via Getty Images.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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      Is Trump Disqualified From Holding Office? The Question Matters, Beyond Him.

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      State courts in Colorado, Michigan, Minnesota and elsewhere have so far declined to rule in favor of challenges asserting that Donald Trump should be disqualified from holding the presidency again under Section 3 of the 14th Amendment. (Cases in Michigan and Colorado have been appealed.)Challengers assert that Mr. Trump is barred because, as stated in Section 3, he was an officer of the United States who, after taking an oath to support the Constitution, “engaged in insurrection or rebellion against” the country, or gave “aid or comfort to the enemies thereof,” before and during the Jan. 6, 2021, attack on the Capitol.Mr. Trump and his campaign have called this claim an “absurd conspiracy theory” and efforts to bar him “election interference.” Some election officials and legal scholars — many of them otherwise opposed to the former president — have also been critical of the efforts.The Georgia secretary of state, Brad Raffensperger, writes that invoking Section 3 “is merely the newest way of attempting to short-circuit the ballot box.” Michael McConnell, a former judge and professor at Stanford Law School, claims that keeping Mr. Trump off the ballot on grounds that are “debatable at best is not something that will be regarded as legitimate.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.We are confirming your access to this article, this will take just a moment. However, if you are using Reader mode please log in, subscribe, or exit Reader mode since we are unable to verify access in that state.Confirming article access.If you are a subscriber, please  More

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      Why Judges in the Trump Jan. 6 Trial Need a Rocket Docket

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      If Donald Trump is the Republican nominee for president in 2024, it’s now clear he will likely still have criminal indictments hanging over his head on Election Day. It’s possible that his criminal liability for the events leading up to the Jan. 6 riot at the Capitol will remain unresolved.If that happens, voters will go to the polls without knowing whether one of the candidates in the current election is criminally responsible for trying to overturn the last one and subvert the will of the voters.Having an election under such circumstances is unthinkable. As Richard Nixon might have put it, voters have a right to know whether their candidate is a crook. It can be avoided, but it’s going to require the judiciary to take some extraordinary steps. And whether it happens will be decided by a relative handful of federal jurists — including a number appointed by Mr. Trump himself.Of the four criminal cases pending against Mr. Trump, the federal election interference prosecution in Washington currently has the best chance of going to trial before the 2024 presidential vote. The trial date is set for March 4. The Federal District Court judge overseeing the case, Tanya Chutkan, has been doing an admirable job of keeping it on track. But legal developments that are out of her hands now threaten to derail that schedule: Expected pretrial appeals could push the trial date past the November election.Mr. Trump has moved to dismiss the case on various grounds, including claims of presidential immunity and violation of the double jeopardy clause. For most pretrial motions, if the motion is denied, the defendant must wait to raise the issue again on appeal following conviction, if there is one.But these two motions fall into a narrow category of claims that usually entitle a defendant to an interlocutory appeal — in this case, an appeal before trial. Because these are claims of a constitutional right not to be tried at all, a post-conviction appeal is not an adequate remedy. By that time, the right has already been lost. A defendant is allowed to appeal such claims before the government may put him on trial.If, as expected, Judge Chutkan denies these motions, Mr. Trump will have a right to appeal to the U.S. Court of Appeals for the District of Columbia Circuit. (I expect the appeals will focus primarily on the immunity claim; the double jeopardy argument seems frivolous.) If he loses before a three-judge panel there, he can ask the full court to review that decision. If that fails, he can ask the Supreme Court to review the case. While all that goes on, the trial cannot proceed.In a typical case, an appeals process like this could easily take a year or more. In the first prosecution of Senator Bob Menendez of New Jersey, appeals over his claims of constitutional immunity under the speech or debate clause delayed the trial for about 18 months, even with the Supreme Court declining to take the case.In the Trump case, delays like that would push the trial well past November. If Mr. Trump wins the election, he would be able to shut down the two federal prosecutions and could probably have the state prosecutions at least postponed while he is in office.This appears to be the primary defense strategy in Mr. Trump’s criminal cases: delay as much as possible to put off any trials until after next November, when Mr. Trump hopes to be in a position to put an end to his legal problems.Having an election with Mr. Trump on the ballot and his criminal liability for Jan. 6 unresolved could spell disaster for the rule of law. It’s also completely avoidable if the courts — and in particularly, the judges who control the schedule — are willing to do what’s necessary: put the resolution of these motions on a fast track to ensure the case can go to trial as scheduled.Typically, the judicial and political calendars do not intersect. We expect judges to ignore political considerations and campaign schedules when making their decisions. But in times of political crisis, the federal judiciary cannot simply turn a blind eye. It must respond in a way that will enable the political system to address that crisis in a timely manner. This is one of those times.This is not a proposal for the courts to act in a partisan fashion. We don’t know whether Mr. Trump’s claim of immunity will be upheld. If it is rejected, we don’t know what the result of the trial will be. The outcome of the legal process is not the point. The point is that the country deserves to know that outcome before it chooses the next leader of the free world.There is precedent for this kind of judicial rapid response. During Watergate, the appeal of the order for President Nixon to turn over the subpoenaed White House tapes was resolved in only about two months — and that included arguments before and an opinion by the Supreme Court. During the 2000 presidential election, that court heard arguments in Bush v. Gore on Dec. 11 and the very next day issued its opinion shutting down the vote recount in Florida. The usually sedate appellate courts can move with dispatch when they want to.This case requires similar urgency. The initial appeals here could be easily heard and decided within a few weeks. Whether to grant a rehearing before the full Court of Appeals is discretionary, but if it does grant such a hearing, it needs to be equally speedy.After the District of Columbia Circuit rules, the losing party will seek Supreme Court review. If Mr. Trump loses the motions, my own hunch is that the Supreme Court may not take the case. In past disputes the justices have not shown much willingness to go out of their way to help Mr. Trump, and the last thing this embattled court needs right now is to wade into another controversy. But if the court does feel the need to weigh in on these novel constitutional issues, it also needs to move very swiftly.There’s no reason the entire process, including Supreme Court review, could not be completed by January. That would allow the trial date to stay on track if the motions are denied.There’s no concern about Mr. Trump being prejudiced by this relatively breakneck pace. He has vast financial and legal resources. The issues are already fully briefed before Judge Chutkan. The issues are novel — because nothing like Jan. 6 has happened before — but the questions are not extraordinarily complex; we need a rocket docket, but this is not rocket science.Some might argue that voters already have enough information about Mr. Trump’s actions and Jan. 6. But a criminal trial is different. In the aftermath of the 2020 election, Mr. Trump and his allies made repeated claims of voter fraud and a “rigged” election. Those claims uniformly failed when tested in court by the adversary system, where actual evidence is required and witnesses testify under oath. In an age of disinformation and fake news, courts remain the arena where facts still matter.Some voters will not accept the verdict of a criminal trial, no matter what the outcome. But for many it could be a critical data point when casting their ballot.It’s already not possible to have the trial completed before most of the presidential primaries; Super Tuesday, with over a dozen primaries in states and territories across the country, is March 5. Mr. Trump could have the nomination sewn up by the time the trial is over. But the trial could easily be concluded before the Republican convention in July, so the delegates could decide whether they really want to nominate a felon (if that is the outcome) to lead the country.A functioning democracy requires an informed electorate. It’s hard to imagine a more important piece of information for voters to have next November than whether a candidate is criminally culpable for trying to overturn the last presidential election.Our legal system can resolve this case expeditiously while still protecting the defendant’s rights, but the judiciary will have to step up and do its part to protect democracy.Randall. D. Eliason is the former chief of the fraud and public corruption section at the U.S. Attorney’s Office for the District of Columbia and teaches white-collar criminal law at George Washington University Law School. He blogs at Sidebarsblog.com.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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      La lección más importante de la victoria de Javier Milei

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      La elección como presidente de Argentina de Javier Milei —un personaje peculiar, fanfarrón de cabello indomable, con cinco mastines clonados y una costumbre de comunión psíquica con la difunta mascota que les dio origen— ha suscitado un gran debate sobre la verdadera naturaleza del populismo de derecha en nuestra era de descontento general.En Milei hay muchas manifestaciones de una política trumpiana: la energía extravagante y poco convencional, la crítica a las élites corruptas, los ataques a la izquierda, el apoyo de los conservadores sociales y religiosos. Al mismo tiempo, en política económica es mucho más un libertario doctrinario que un mercantilista o populista al estilo Trump, es una versión más extrema de Barry Goldwater y Paul Ryan que un defensor del gasto público y los aranceles. Mientras que el movimiento al que derrotó, la formación peronista que gobernó Argentina durante la mayor parte del siglo XXI, es de hecho más nacionalista y populista en lo económico, pues llegó al poder tras la crisis financiera de 2001 que puso fin al experimento más notable de Argentina con la economía neoliberal.La divergencia entre Trump y Milei puede interpretarse de varias maneras. Una lectura es que el estilo del populismo de derecha es la esencia del asunto, que su sustancia política es negociable siempre que presente figuras que prometan el renacimiento nacional y encarnen algún tipo de rebelión bufonesca, por lo general masculina, contra las normas del progresismo cultural.Otra lectura es que, sí, la política es bastante negociable, pero en realidad hay profundas afinidades ideológicas entre el nacionalismo económico de derecha y lo que podría llamarse paleolibertarismo, a pesar de que no coinciden en cuestiones específicas. En términos estadounidenses, esto significa que el trumpismo lo anticiparon de diferentes maneras Ross Perot y Ron Paul; en términos globales, significa que cabe esperar que los partidos de la derecha populista se muevan constantemente entre tendencias de regulación y libertarias, dependiendo del contexto económico y de los vaivenes políticos.He aquí una tercera interpretación: mientras que el descontento popular debilitó el consenso neoliberal de las décadas de 1990 y 2000 en todo el mundo desarrollado, la era del populismo está creando alineamientos muy distintos en la periferia latinoamericana que en el núcleo euro-estadounidense.En Europa Occidental y Estados Unidos, ahora se ve de manera sistemática a un partido de centroizquierda de las clases profesionales enfrentarse a una coalición populista y de la clase trabajadora de derecha. Los partidos de centroizquierda se han vuelto más progresistas en política económica en comparación con la era de Bill Clinton y Tony Blair, pero se han movido mucho más a la izquierda en cuestiones culturales, sin perder su liderazgo influyente y meritocrático, su sabor neoliberal. Y, en su mayoría, han sido capaces de contener, derrotar o cooptar a aspirantes de izquierda más radicales: Joe Biden al superar a Bernie Sanders en las elecciones primarias demócratas de 2020, Keir Starmer al marginar al corbynismo en el Partido Laborista británico y Emmanuel Macron al forzar a los izquierdistas franceses a votar a su favor en la segunda vuelta contra Marine Le Pen con la estrategia del menor de los males.Por su parte, la derecha populista ha conseguido muchas veces moderar sus impulsos libertarios para apartar a los votantes de clase baja de la coalición progresista, dando lugar a una política de centroderecha que suele favorecer ciertos tipos de proteccionismo y redistribución. Eso podría significar una defensa trumpiana de los programas de prestaciones sociales, los tibios intentos de los conservadores de Boris Johnson de invertir en el desatendido norte de Inglaterra o el gasto en prestaciones familiares de Viktor Orbán en Hungría, así como la recién desbancada coalición populista en Polonia.Te puedes imaginar que el abismo entre estas dos coaliciones mantendrá a Occidente en un estado de crisis latente, en especial teniendo en cuenta la personalidad de Trump, tan propensa a las crisis. Pero también es posible imaginar un futuro en el que este orden se estabilice y normalice un poco y la gente deje de hablar de un terremoto cada vez que un populista asciende al poder o de que la democracia se salva cada vez que un partido del establishment gana unas elecciones.La situación es muy distinta en América Latina. Allí el consenso neoliberal siempre fue más endeble, el centro más frágil, y por ende la era de la rebelión populista ha creado una polarización más clara entre quien esté más a la izquierda y más a la derecha (con la izquierda culturalmente progresista, pero por lo general más expresamente socialista que Biden, Starmer o Macron y la derecha culturalmente tradicional, pero por lo general más libertaria que Trump, Orbán o Le Pen).La nueva alineación en Argentina, con su libertario revolucionario que supera a una izquierda populista-nacionalista, es un ejemplo de este patrón; la contienda entre Luiz Inácio Lula da Silva y Jair Bolsonaro en Brasil el año pasado fue otro. Pero los recientes vaivenes de la política chilena son de especial interés. A principios de la década de 2010, Chile parecía tener un entorno político más o menos estable, con un partido de centroizquierda que gobernaba a través de una Constitución favorable al mercado y una oposición de centroderecha que luchaba por distanciarse de la dictadura de Pinochet. Entonces, las protestas populares echaron por tierra este orden y crearon un giro abrupto hacia la izquierda, además de un intento de imponer una nueva Constitución de izquierda que, a su vez, provocó una reacción adversa, que dejó al país dividido entre un impopular gobierno de izquierda encabezado por un antiguo activista estudiantil y una oposición de derecha en ascenso temporal liderada por un apologista de Pinochet.En cada caso, en relación con las divisiones de Francia y Estados Unidos, se observa un centro más débil y una polarización más profunda entre extremos populistas rivales. Y ahora, si la cuestión para América Latina es qué tan estable será la propia democracia en condiciones tan polarizadas, la cuestión para Europa y Estados Unidos es si la situación argentina o chilena es un presagio de su propio futuro. Tal vez no de inmediato, pero sí después de una nueva ronda de rebeliones populistas, que podría aguardar más allá de alguna crisis o catástrofe o simplemente al otro lado del cambio demográfico.En tal futuro, figuras como Biden, Starmer y Macron ya no podrían gestionar coaliciones de gobierno y la iniciativa en la izquierda pasaría a partidos más radicales como Podemos en España o los Verdes en Alemania, a los progresistas al estilo de Alexandria Ocasio-Cortez en el Congreso de Estados Unidos, a cualquier tipo de política que surja del encuentro entre la izquierda europea y las crecientes poblaciones árabes y musulmanas del continente. Esto daría a la derecha populista la oportunidad de prometer estabilidad y reclamar el centro, pero también crearía incentivos para que la derecha se radicalice aún más, lo que produciría mayores oscilaciones ideológicas cada vez que perdiera una coalición en el poder.Esta es, en cierto modo, la lección más clara de la victoria aplastante de Milei: si no se puede alcanzar la estabilidad tras una ronda de convulsiones populistas, no hay límites inherentes a lo desenfrenado que puede llegar a ser el siguiente ciclo de rebelión.Ross Douthat es columnista de opinión del Times desde 2009. Es autor, más recientemente, de The Deep Places: A Memoir of Illness and Discovery. @DouthatNYT • Facebook More

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      Has Latin America Found Its Trump in Javier Milei?

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      The election of Javier Milei, a wild-haired showboating weirdo with five cloned mastiffs and a habit of psychic communion with their departed pet of origin, as president of Argentina has inspired a lot of discussion about the true nature of right-wing populism in our age of general discontent.Milei has many of the signifiers of a Trumpian politics: the gonzo energy, the criticism of corrupt elites and the rants against the left, the support from social and religious conservatives. At the same time, on economic policy he is much more of a doctrinaire libertarian than a Trump-style mercantilist or populist, a more extreme version of Barry Goldwater and Paul Ryan rather than a defender of entitlement spending and tariffs. Whereas the party that he defeated, the Peronist formation that has governed Argentina for most of the 21st century, is actually more economically nationalist and populist, having ascended in the aftermath of the 2001 financial crisis that ended Argentina’s most notable experiment with neoliberal economics.You can interpret the Trump-Milei divergence in several ways. One reading is that the style of right-wing populism is the essence of the thing, that its policy substance is negotiable so long as it puts forward figures who promise national rebirth and embody some kind of clownish, usually masculine rebellion against the norms of cultural progressivism.Another reading is that, yes, the policy is somewhat negotiable but there are actually deep ideological affinities between right-wing economic nationalism and what might be called paleolibertarianism, despite their disagreement on specific issues. In American terms, this means that Trumpism was anticipated in different ways by Ross Perot and Ron Paul; in global terms, it means that we should expect the parties of the populist right to move back and forth between dirigiste and libertarian tendencies, depending on the economic context and political winds.Here is a third interpretation: While popular discontents have undermined the neoliberal consensus of the 1990s and 2000s all across the developed world, the age of populism is creating very different alignments in the Latin American periphery than in the Euro-American core.In Western Europe and the United States, you now consistently see a center-left party of the professional classes facing off against a populist and working-class coalition on the right. The center-left parties have become more progressive on economic policy relative to the era of Bill Clinton and Tony Blair, but they have moved much more sharply left on cultural issues while retaining their mandarin and meritocratic leadership, their neoliberal flavor. And they have mostly been able to contain, defeat or co-opt more radical left-wing challengers — Joe Biden by overcoming Bernie Sanders in the 2020 Democratic primaries, Keir Starmer by marginalizing Corbynism in Britain’s Labour Party, Emmanuel Macron by forcing French leftists to cast a lesser-of-two-evils ballot in his favor in his runoffs against Marine Le Pen.The populist right, meanwhile, has often found success by moderating its libertarian impulses in order to woo downscale voters away from the progressive coalition, yielding a right-of-center politics that usually favors certain kinds of protectionism and redistribution. That could mean a Trumpian defense of entitlement programs, the halfhearted attempts by Boris Johnson’s Tories to invest in the neglected north of England or the spending on family benefits that you see from Viktor Orban in Hungary and the recently unseated populist coalition in Poland.You can imagine the gulf between these two coalitions keeping the West in a state of simmering near crisis — especially with Trump’s crisis-courting personality in the mix. But you can also imagine a future in which this order stabilizes and normalizes somewhat and people stop talking about an earthquake every time a populist wins power or democracy being saved every time an establishment party wins an election.The situation is quite different in Latin America. There the neoliberal consensus was always weaker, the center more fragile, and so the age of populist rebellion has created a clearer polarization between further left and further right — with the left culturally progressive but usually more avowedly socialist than Biden, Starmer or Macron and the right culturally traditional but usually more libertarian than Trump, Orban or Le Pen.The new alignment in Argentina, with its libertarian revolutionary overcoming a populist-nationalist left, is one example of this pattern; the contest between Luiz Inácio Lula da Silva and Jair Bolsonaro in Brazil last year was another. But the recent swings in Chilean politics are especially instructive. In the early 2010s Chile seemed to have a relatively stable political environment, with a center-left party governing through a market-friendly Constitution and a center-right opposition at pains to distance itself from the Pinochet dictatorship. Then popular rebellions cast this order down, creating a wild yaw leftward and an attempt to impose a new left-wing Constitution that yielded backlash in its turn — leaving the country divided between an unpopular left-wing government headed by a former student activist and a temporarily ascendant right-wing opposition led by a Pinochet apologist.In each case, relative to the divides of France and the United States, you see a weaker center and a deeper polarization between competing populist extremes. And if the question for Latin America now is how stable democracy itself will be under such polarized conditions, the question for Europe and America is whether the Argentine or Chilean situation is a harbinger of their own futures. Perhaps not immediately but after a further round of populist rebellions, which could await beyond some crisis or disaster or simply on the far side of demographic change.In such a future, figures like Biden and Starmer and Macron would no longer be able to manage governing coalitions, and the initiative on the left would pass to more radical parties like Podemos in Spain or the Greens in Germany, to Alexandria Ocasio-Cortezan progressives in the U.S. Congress, to whatever kind of politics emerges from the encounter between the European left and the continent’s growing Arab and Muslim populations. This would give the populist right an opportunity to promise stability and claim the center — but it would also create incentives for the right to radicalize further, yielding bigger ideological swings every time an incumbent coalition lost.Which is, in a way, the clearest lesson of Milei’s thumping victory: If you can’t reach stability after one round of populist convulsion, there’s no inherent limit on how wild the next cycle of rebellion might get.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTOpinion) and Instagram. More

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      The Trump Threat Is Growing. Lawyers Must Rise to Meet This Moment.

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      American democracy, the Constitution and the rule of law are the righteous causes of our times, and the nation’s legal profession is obligated to support them. But with the acquiescence of the larger conservative legal movement, these pillars of our system of governance are increasingly in peril. The dangers will only grow should Donald Trump be returned to the White House next November.Recent reporting about plans for a second Trump presidency are frightening. He would stock his administration with partisan loyalists committed to fast-tracking his agenda and sidestepping — if not circumventing altogether — existing laws and long-established legal norms. This would include appointing to high public office political appointees to rubber-stamp his plans to investigate and exact retribution against his political opponents; make federal public servants removable at will by the president himself; and invoke special powers to take unilateral action on First Amendment-protected activities, criminal justice, elections, immigration and more.We have seen him try this before, though fortunately he was thwarted — he would say “betrayed”— by executive branch lawyers and by judges who refused to go along with his more draconian and often unlawful policies and his effort to remain in office after being cast out by voters. But should Mr. Trump return to the White House, he will arrive with a coterie of lawyers and advisers who, like him, are determined not to be thwarted again.The Federalist Society, long the standard-bearer for the conservative legal movement, has failed to respond in this period of crisis.That is why we need an organization of conservative lawyers committed to the foundational constitutional principles we once all agreed upon: the primacy of American democracy, the sanctity of the Constitution and the rule of law, the independence of the courts, the inviolability of elections and mutual support among those tasked with the solemn responsibility of enforcing the laws of the United States. This new organization must step up, speak out and defend these ideals.Leaders of the legal profession should be asking themselves, “What role did we play in creating this ongoing legal emergency?” But so far, there has been no such post-mortem reflection, and none appears on the horizon. Many lawyers who served in the last administration — and many on the outside who occupy positions of influence within the conservative legal community — have instead stood largely silent, assenting to the recent assaults on America’s fragile democracy.We were members of the Federalist Society or followed the organization early in our careers. Created in response to left-liberal domination of the courts, it served a principled role, connecting young lawyers with one another and with career opportunities, promoting constitutional scholarship and ultimately providing candidates for the federal bench and Supreme Court.But the Federalist Society has conspicuously declined to speak out against the constitutional and other legal excesses of Mr. Trump and his administration. Most notably, it has failed to reckon with his effort to overturn the last presidential election and his continued denial that he lost that election. When White House lawyers are inventing cockamamie theories to stop the peaceful transition of power and copping pleas to avoid jail time, it’s clear we in the legal profession have come to a crisis point.We are thankful that there were lawyers in the Trump administration who opted to resign or be fired rather than advance his flagrantly unconstitutional schemes. They should be lauded.But these exceptions were notably few and far between. More alarming is the growing crowd of grifters, frauds and con men willing to subvert the Constitution and long-established constitutional principles for the whims of political expediency. The actions of these conservative Republican lawyers are increasingly becoming the new normal. For a group of lawyers sworn to uphold the Constitution, this is an indictment of the nation’s legal profession. Any legal movement that could foment such a constitutional abdication and attract a sufficient number of lawyers willing to advocate its unlawful causes is ripe for a major reckoning.We must rebuild a conservative legal movement that supports and defends American democracy, the Constitution and the rule of law and that incentivizes and promotes those lawyers who are prepared to do the same. To that end, we have formed a nonprofit organization, the Society for the Rule of Law Institute, to bring sanity back to conservative lawyering and jurisprudence.There is a need and demand for this new legal movement that the legal profession can readily meet. Pro-democracy, pro-rule-of-law lawyers who populate our law school campuses, law firms and the courts decry what is happening in our profession. They deserve an outlet to productively channel these sentiments.Originally formed in 2018 as Checks & Balances during what we took to be the height of Mr. Trump’s threat to the rule of law, the organization spoke out against his transgressions. Since then, the legal landscape has deteriorated to a degree we failed to imagine, with Mr. Trump and his allies explicitly threatening to upend fundamental tenets of the American constitutional system if returned to power.We believe it is necessary to build a legal movement with the capability to recruit and engage dues-paying members, file legal briefs, provide mentorship and career opportunities, convene supporters and speak out as vocally and forthrightly as is necessary to meet the urgency that this moment requires.First and foremost, this movement will work to inspire young legal talent and connect them with professional opportunities that will enable them to fulfill their vast potential without having to compromise their convictions.Second, the movement will focus on building a large body of scholarship to counteract the new orthodoxy of anti-constitutional and anti-democratic law being churned out by the fever swamps. The Constitution cannot defend itself; lawyers and legal scholars must. Conservative scholars like the former federal appellate judges Michael McConnell and Thomas Griffith and the law professor Keith Whittington, who joins Yale from Princeton next year, are models for a new and more responsible conservative legal movement.Third and most important, we will marshal principled voices to speak out against the endless stream of falsehoods and authoritarian legal theories that are being propagated almost daily. To do otherwise would be to cede the field to lawyers of bad faith. We have seen in recent years what the unchecked spread of wildly untrue and anti-democratic lies gets us. We lawyers have a gift for advocacy and persuasion; we must use it.While those in the pro-democracy legal community — many of them progressives — might disagree with our overall legal philosophy, we welcome them with open arms. We are at a point when commitment to fundamental classical liberal tenets of our republican form of government is far more important than partisan politics and political party — and even philosophical questions about the law. Our country comes first, and our country is in a constitutional emergency, if not a constitutional crisis. We all must act accordingly, especially us lawyers.The writers are lawyers. George Conway was in private practice. J. Michael Luttig was a judge on the United States Court of Appeals for the Fourth Circuit from 1991 to 2006. Barbara Comstock represented Virginia’s 10th District in Congress from 2015 to 2019. They serve on the board of the newly formed Society for the Rule of Law Institute, formerly called Checks & Balances.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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      An Old Hate Cracks Open on the New Right

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      A dam burst last week on the right, and a wave of grotesque antisemitism poured out all over the internet.In August, I wrote about the “lost boys” of the American right, many of them young and relatively unknown, who were outed for having secret or anonymous online profiles and using those profiles to spread raw bigotry, including antisemitism. Some of these people worked for the right wing’s biggest names, including Tucker Carlson, Ron DeSantis and Donald Trump.What started in the shadows is now right in the open. It’s being advanced by some of the most powerful and influential people in America, and there is nothing subtle about it. The latest eruption started with a fight between the Daily Wire co-founder Ben Shapiro and his Daily Wire colleague Candace Owens. Both are immensely popular right-wing stars. Owens, for example, has more than four million followers on X, formerly known as Twitter, and more than five million on Instagram.On Nov. 3, Owens posted on social media, “No government anywhere has a right to commit a genocide, ever. There is no justification for a genocide. I can’t believe this even needs to be said or is even considered the least bit controversial to state.” Many of her followers interpreted this as a criticism of Israel, and Shapiro, who staunchly supports Israel in its present conflict with Hamas, was later caught on tape at a private event saying Owens’s behavior during the war has been “disgraceful.”Daily Wire drama should be of little interest to anyone outside The Daily Wire, but what happened next was truly alarming. First, Jason Whitlock, a leading personality at The Blaze, one of the largest right-wing websites, accused Shapiro of dual loyalties: “The guy has multiple loyalties. He loves America, but he loves Israel too. And maybe he loves Israel and he loves America too.” Owens, he said, “is a bit more America first. She only has one loyalty.”Then Owens went on Carlson’s show on X, where he ranted against the “biggest donors at, say, Harvard,” asking where they were when members of the Harvard community “were calling for white genocide.”“White genocide” is a term of art on the racist right and is linked to the so-called great replacement theory, the notion that leftists (including Jewish progressives) are trying to import people of color to replace America’s white majority. This is the theory that motivated the shooter in the Tree of Life synagogue massacre in Pittsburgh. It is false, evil and very dangerous.The same day, an obscure far-right personality posted the same conspiracy theory on X: “Jewish communities have been pushing the exact kind of dialectical hatred against whites that they claim to want people to stop using against them.”“I’m deeply disinterested,” he continued, “in giving the tiniest shit now about western Jewish populations coming to the disturbing realization that those hordes of minorities that support flooding their country don’t exactly like them too much.”The post wouldn’t be notable, except as yet another example of the bigoted filth that dominates discourse on X, but Elon Musk — the world’s richest man and the owner of X — responded with an endorsement. “You have said the actual truth,” he replied.Charlie Kirk, the founder of Turning Point USA, one of the largest right-wing youth organizations in the country, jumped in the next day to defend both the original post and Musk on “The Charlie Kirk Show.” While he hedged by saying that he doesn’t like to generalize, Kirk argued that “the first part” of the original post “is absolutely true.” He then reread the post and repeated the old Jews-and-money trope: “It is true that some of the largest financiers of left-wing anti-white causes have been Jewish Americans.”While there are more examples of right-wing antisemitism spilling into the public square, I’m going to stop there. I by no means want to minimize the antisemitism we’ve seen from the far left, including on campuses and in the streets, but I am focusing on the people I just mentioned because they are some of the most prominent figures on the right.What is going on? For the past several decades, the Republican Party has been a strong ally of Israel, so much so that the regard evangelical voters have for Israel has been the subject of considerable criticism. In my years as a Republican and a conservative lawyer, I never witnessed a trace of antisemitism. The answer to my question, however, is clear. The “new” American right isn’t that new at all. It has rejected Reaganism, yes, but in doing so, it’s reconnecting with older and darker forces on the right.The ghost of Charles Lindbergh is haunting us. Lindbergh, readers may recall, was the hero aviator who flew solo across the Atlantic Ocean in 1927. He later grew to admire German fascism and gave a famous speech in September 1941 in which he accused Jews of attempting to push America into World War II.“The three most important groups who have been pressing this country toward war,” he said, “are the British, the Jewish and the Roosevelt administration.” And while Lindbergh expressed sympathy for Jews facing Nazi persecution, he went straight to the same tropes that were deployed last week, claiming that the Jewish people’s “greatest danger to this country lies in their large ownership and influence in our motion pictures, our press, our radio and our government.”More recently, we see the influence of Pat Buchanan, a former Richard Nixon speechwriter and so-called paleoconservative whom William F. Buckley Jr. denounced for his antisemitism in 1991. A central part of the case against Buchanan once again related to matters of war and peace. In the run-up to the first Iraq war, Buchanan said, “There are only two groups that are beating the drums for war in the Middle East — the Israeli Defense Ministry and its amen corner in the United States.” And that was a benign comment compared with many of his later pronouncements. In 2010 he wrote that if Elena Kagan were to be confirmed as a Supreme Court justice, “Jews, who represent less than 2 percent of the U.S. population, will have 33 percent of the Supreme Court seats. Is this Democrats’ idea of diversity?”Buchanan is no minor figure. As Nicole Hemmer wrote in 2022, his presidential campaigns in the 1990s forecast the present moment in Republican politics. The party “traded Reaganism for Buchananism,” she contended. The evidence that she was correct grows by the day.Everything about the New Right mind-set told us that this devolution was inevitable. It scorns character, decency and civility in the public square, often turning cruelty into a virtue. This was a necessary precondition for the entire enterprise. Decent people can be misguided, certainly, but they are not consumed with hate. Decent people do not indulge bigots.The New Right rejects the norms and values of what it calls the uniparty or the cathedral: the center-left and center-right American elite. And one of those values is a steadfast opposition to racism and prejudice. The rejection first manifests itself in the form of just asking questions, then it veers into direct challenge of conventional norms, followed by a descent into true darkness.Hostility unmoored from character quickly turns conspiratorial, and the world of conspiracy theories is where antisemites live and thrive. And finally, the term “America First,” popular with the New Right and the older, Lindbergh right, has always been misleading. It actually means some Americans first or “real” Americans first, and “real” Americans do not include the ideological or religious enemies of the New Right.It is no coincidence, for example, that after the Owens-Shapiro confrontation, many New Right figures began posting “Christ is king,” an obvious shot at Shapiro’s Jewish beliefs.Evolution is a concept that applies to biology, not human nature. It turns out that humanity does not grow out of the darkness of the past. It has to be contested by every generation. We are neither imprisoned by darkness nor ever fully captured by light.America is no exception. From before the founding, our so-called new world has been plagued by all the sins of the old. Set against that human depravity, however, are the great aspirations of the founding, including the central declaration that “all men are created equal.”American progress was never inevitable. It took immense courage to move haltingly to the more just, more fair country we live in today. We can’t presume that progress is permanent. It never is. No one is more aware of that than America’s most marginalized and vulnerable communities. They feel the effects very keenly when we take steps backward, when our commitment to our principles falters in the face of our own sin.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