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    This Presidency Isn’t Turning Out as Planned

    Joe Biden was Barack Obama’s vice president. His Treasury secretary, Janet Yellen, was Obama’s pick to lead the Federal Reserve. The director of Biden’s National Economic Council, Brian Deese, was deputy director of Obama’s National Economic Council. His chief of staff, Ron Klain, was his chief of staff for the first two years of the Obama administration and then Obama’s top Ebola adviser. And so on.The familiar names and faces can obscure how different the new administration, in practice, has become. The problems Biden is facing are an almost perfect inversion of the problems Obama faced. The Obama administration was bedeviled by crises of demand. The Biden administration is struggling with crises of supply.For years, every conversation I had with Obama administration economists was about how to persuade employers to hire and consumers to spend. The 2009 stimulus was too small, and while we avoided a second Great Depression, we sank into an achingly slow recovery. Democrats carried those lessons into the Covid pandemic. They met the crisis with overwhelming fiscal force, joining with the Trump administration to pass the $2.2 trillion CARES Act and then adding the $1.9 trillion American Rescue Plan, the trillion-dollar infrastructure bill and the assorted Build Back Better proposals on top. They made clear that they preferred the risks of a hot economy, like inflation, to the threat of mass joblessness.“We want to get something economists call full employment,” Biden said in May. “Instead of workers competing with each other for jobs that are scarce, we want employers to compete with each other to attract work.”That they have largely succeeded feels like the best-kept secret in Washington. A year ago, forecasters expected unemployment to be nearly 6 percent in the fourth quarter of 2020. Instead, it fell to 3.9 percent in December, driven by the largest one-year drop in unemployment in American history. Wages are high, new businesses are forming at record rates, and poverty has fallen below its prepandemic levels. Since March 2020, Americans saved at least $2 trillion more than expected. And that’s not just a function of the rich getting richer: a JPMorgan Chase analysis found the median household’s checking account balance was 50 percent higher in July 2021 than in the months before the pandemic.It is easy to imagine the wan recovery we could’ve had if the mistakes of 2009 and 2010 had been repeated. Instead, we met the pandemic with tremendous, perhaps excessive, fiscal force. We fought the recession and won. The problems we do have shouldn’t obscure the problems we don’t.But we do have problems. Year-on-year inflation is running at 7 percent, its highest rate in decades, and Omicron has shown that the Biden administration wasted months of possible preparation. It is not to blame for the new variant, but it is to blame for the paucity of tests, effective masks and ventilation upgrades.The conversations I have with the Biden administration’s economists are very different from the conversations I had with the Obama administration’s economists, even when they’re the same people. Now the discussion is all about what the economy can produce and how fast it can be shipped. They need companies to make more goods and make them faster. They need more chips so there can be more cars and computers. They need ports to clear more shipments and Pfizer to make more antiviral pills and shipping companies to hire more truckers and schools to upgrade their ventilation systems.Some of these problems reflect the Biden administration’s successes. (Read my colleague Paul Krugman for more on this.) For all the talk of supply chain crises, many of the delays and shortages reflect unexpectedly strong demand, not a pandemic-induced breakdown in production. Supply chains are built to produce the goods that companies think will be consumed in the future. Expectations were off for 2021, in part because forecasters thought demand would slacken as people lost work and wages, in part because the fiscal response was massively larger than anyone anticipated and in part because when people couldn’t go out for meals and movies, they bought things instead. Overall spending is more or less on its prepandemic trend, but the composition of spending has changed: Americans purchased 18 percent more physical goods in September 2021 than in February 2020.Now the Biden administration fears that its supply problems will wipe out its demand successes. In recent remarks, Biden took aim at those who would lower prices by breaking the buying power of the working class. “If car prices are too high right now, there are two solutions,” Biden said. “You increase the supply of cars by making more of them, or you reduce demand for cars by making Americans poorer. That’s the choice. Believe it or not, there’s a lot of people in the second camp.”He’s right, but this is a practical fight, not just an ideological one, and the Biden administration is making its own mistakes. His administration is suffering right now from directly mismanaging Covid supplies. It did an extraordinary job in its first months, flooding the country with vaccines. Today, any adult who wants one, or three, can get the shots. But vaccines aren’t the only public health tool that matters, and there was every reason to believe the Biden administration knew it. The American Rescue Plan had about $20 billion for vaccine distribution, but it had $50 billion to expand testing and even more than that to retrofit classrooms so teachers and children alike would feel safe. Where did that money go?Getting the pandemic supply chain right would help ease every other supply chain, too. If Americans could move about their lives more confidently, they could buy services instead of things, and if companies could test and protect their work forces more effectively, they could produce and ship more goods.But the Biden administration hasn’t fully embraced its role as an economic planner. When Jen Psaki, the White House press secretary, was asked about testing shortages in December, she shot back, “Should we just send one to every American?”Psaki’s snark soon became Biden’s policy. The administration is launching a website where any family can request four free tests. That’s a start, but no more than that. For rapid testing to work, people need to be able to do it constantly. But because the administration didn’t create the supply of tests it needed months ago, there aren’t enough tests for it or anyone else to buy now. Part of this reflects the ongoing failure of the Food and Drug Administration to approve many of the tests already being sold in Europe.The same is true, I’d argue, about masks. There’s simply no reason every American can’t pick up an unlimited supply of N95s and KN95s at every post office, library and D.M.V. Instead, people are buying counterfeit N95s on Amazon and wearing cloth masks that do far less to arrest spread. Now the Biden administration is moving toward supplying masks. But more needs to be done: How about ventilation? How about building the vaccine production capacity needed to vaccinate the world and prevent future strains from emerging? How about building capacity to produce more antiviral pills so that the next effective treatment can ramp up more quickly?For decades, Democrats and Republican administrations alike believed the market would manage supply. We live in the wreckage of that worldview. But it held for so long that the U.S. government has lost both the muscle and the confidence needed to manage supply, at least when it comes to anything other than military spending. So Biden’s task now is clear: to build a government that can create supply, not just demand.This may not be the presidency Biden prepared for, but it’s the one he got.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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    We Need to Think the Unthinkable About Our Country

    A year after the Jan. 6 storming of the Capitol, the United States seems perhaps even more alarmingly fractious and divided. Regrettably, the right has sustained its support for Donald Trump and continued its assault on American democratic norms.The next national election will almost inevitably be viciously (perhaps violently) contested. It is fair to say that the right-wing threat to the United States — and its apparent goal of laying the groundwork for a power grab, if necessary, in 2024 — is politically existential.Yet many Americans seem to be whistling past the graveyard of American democracy. In particular, there seems to have been little effort so far at think tanks, professional military institutions and universities to build and contemplate the dire scenarios that have become increasingly plausible. And the worst-case scenario is this: The United States as we know it could come apart at the seams.The worst case isn’t necessarily the most likely, but there’s a natural tendency to assign a vanishingly low probability to events that appear to pose insoluble problems and catastrophic outcomes and thus to dismiss them as fanciful.In the 20th century, constructive doomsaying helped prevent the Cold War from becoming a shooting war. It was ultimately worst-case thinking that stabilized nuclear deterrence and staved off nuclear Armageddon. Herman Kahn’s clinical projections of nuclear devastation dazzled and horrified a growing audience — his warnings began with a series of Princeton lectures and eventually became the basis of his best seller “Thinking About the Unthinkable.” The eventual Nobel Prize-winning economist Thomas C. Schelling used game theory to explore the risk that conventional conflict could escalate to the use of nuclear weapons; his work demonstrated the value of arms control and helped establish nuclear deterrence based, however perversely, on mutual assured destruction.In the 1980s, Jonathan Schell’s series of New Yorker essays (and subsequent book), “The Fate of the Earth,” reinvigorated popular alarm about nuclear war and stimulated calls for nuclear disarmament on both sides of the Atlantic. In line with dystopic novels like “On the Beach” by Nevil Shute and movies like “Fail-Safe,” “Dr. Strangelove,” “The Bedford Incident” and “The Day After,” worst-case thinking kept the prospect of nuclear holocaust real and the need to avoid it urgent. Clearly it influenced Ronald Reagan and Mikhail Gorbachev, who seriously contemplated nuclear disarmament in 1986.This urgent brand of collective cultural alertness receded after the Cold War. On the left, worst-casing thinking was blamed for the expansive growth of nuclear arsenals and the ill-fated U.S. war in Vietnam. Now the Republican Party’s embrace of “alternative facts,” aided by the growth of conservative media, has effectively created a separate domestic reality for millions of Americans. Since Jan. 6, 2021, comedians, partisan journalists and public intellectuals have recognized, ridiculed and lamented the state of our democracy and raised the possibility of a “slow-moving coup” (Bill Maher) or a “worst-case scenario” for our politics (Robert Crawford in The Nation). Other columnists and historians (Chauncey DeVega and Max Hastings, for example) have casually mooted the possibility of secession or large-scale political violence in the wake of the 2024 presidential election. A few recent books, like the political scientist Barbara F. Walter’s “How Civil Wars Start” and the journalist Stephen Marche’s “The Next Civil War,” have been discussed.But systematic and dispassionate analysis of such possibilities has not widely emerged. In June 2020, the bipartisan Transition Integrity Project — comprising over 100 former and serving government officials, academics, research analysts, journalists and other experts — held tabletop exercises on four different 2020 election crisis scenarios. Selected teams hypothesized moves and countermoves, responses and counter-responses, and in August 2020 published a broadly prescient report — which suggested that the election could be contested into 2021 and the transition process disrupted. It also included several preventive measures with an eye to 2024-25. Perhaps understandably, given the political climate, most participants were reluctant to identify themselves publicly and only a few talked to the media about the exercise. Two conservative outfits, the Texas Public Policy Foundation and the Claremont Institute, jointly gamed out similar scenarios, concluding that the constitutional order would hold. But these projects were short term and situationally limited and have not generated sustained open-source consideration of the more dire possibilities that have surfaced since Jan. 6.Predictably, far-right groups mobilized to dismiss the Transition Integrity Project’s activities as leftist “psychological warfare,” and some branded it a blueprint for a left-wing coup. That should not stop a reprise of the project’s efforts with respect to the 2024 election. In light of the lack of contingency planning for major violence on Jan. 6 by the Capitol Police and the Department of Homeland Security, such planning is presumably underway at federal law-enforcement agencies and the Pentagon. But that’s not enough.A right-wing minority — including many elected politicians — is now practicing a form of brinkmanship by threatening to unilaterally destroy American democracy, daring what they hope is a timid and somnolent majority to resist them. But that majority has the benefit of warning ahead of 2024.It behooves us to prepare our defenses for the worst. Understandably, the policy focus is now on pre-empting a right-wing steal in the next national election. But success will depend crucially on factors that are beyond control — the midterm elections this year and the identity of the Republican candidate in 2024 — which suggest that focus is misplaced. And even if a steal is thwarted, success might not preclude a coercive challenge of the election results; quite to the contrary, it would provoke one.War games, tabletop exercises, operations research, campaign analyses, conferences and seminars on the prospect of American political conflagration — including insurrection, secession, insurgency and civil war — should be proceeding at a higher tempo and intensity. Scholars of American politics need to pick up the torch from experts on the democratic decline in Europe, who first raised the alarm about growing dangers to American politics. The very process of intellectual interaction and collaboration among influential analysts of different political stripes could reconcile many of them to the undesirability of political upheaval, and thus decrease its likelihood.The overarching idea is, publicly and thoroughly, to probe just how bad things could get precisely to ensure that they never do, and that America’s abject political decay is averted.Jonathan Stevenson, a senior fellow at the International Institute for Strategic Studies and managing editor of Survival, served on the National Security Council staff in the Obama administration and is the author of “Thinking Beyond the Unthinkable.” Steven Simon is a fellow at M.I.T. and a senior analyst at the Quincy Institute. He served in the State Department and on the National Security Council staff in the Reagan, George H.W. Bush, Clinton and Obama administrations.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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    Let’s Not Invent a Civil War

    “How Civil Wars Start,” a new book by the political scientist Barbara F. Walter, was cited all over the place in the days around the anniversary of last winter’s riot at the Capitol. The New Yorker’s David Remnick, Vox’s Zack Beauchamp and my colleague Michelle Goldberg all invoked Walter’s work in essays discussing the possibility that the United States stands on the edge of an abyss, with years of civil strife ahead.The book begins with a story from the fall of 2020: the kidnapping plot against Gov. Gretchen Whitmer of Michigan, hatched by a group of right-wing militiamen who opposed Whitmer’s pandemic restrictions. Fortunately “the F.B.I. was on to them” and foiled the plot — but the alleged kidnapping conspiracy, Walter argues, is a harbinger of worse to come. Periods of civil war often “start with vigilantes just like these — armed militants who take violence directly to the people.”Here’s a skeptical question, though: When we say the F.B.I. was “on to” to the plotters, what exactly does that mean? Because at the moment the government’s case against them is a remarkable tangle. Fourteen men have been charged with crimes, based in part on evidence reportedly supplied by at least 12 confidential informants — meaning that the F.B.I. had almost one informant involved for every defendant.And according to reporting from BuzzFeed’s Jessica Garrison and Ken Bensinger, one of these informants, an extremely colorful convicted felon named Stephen Robeson, appears to have been a crucial instigator of the plot. He is alleged to have used government funds to pay for meals and hotel rooms, encouraged people “to vent their anger about governors who enacted Covid-19 restrictions” and “to plan violent actions against elected officials and to acquire weapons and bomb-making materials,” and followed up aggressively, calling potential plotters “nearly every day.”Robeson’s role has become enough of a headache for the prosecution, in fact, that they recently disowned him, declaring that he was actually a “double agent” (meaning triple agent, I think) who betrayed his obligations as an informant by trying to destroy evidence and seeking to warn one of the accused conspirators ahead of his arrest. Prosecutors had already ruled out testimony from an agent who ran one of their key informants, probably because he spent much of 2019 trying to drum up business for his private security firm by touting his F.B.I. casework.Presumably we’ll find out more about all this when the case comes to trial, but for now it’s reasonable to wonder whether Whitmer’s would-be kidnappers would have been prepared to go all the way with their vigilante fantasies, absent some prodding from the feds.And those doubts, in turn, might be reasonably extended to the entire theory of looming American civil war, which assumes something not yet entirely in evidence — a large number of Americans willing to actually put their lives, not just their Twitter rhetoric, on the line for the causes that currently divide our country.Overall, the academic and journalistic literature on America’s divisions offers a reasonably accurate description of increasing American division. The country is definitely more ideologically polarized than it was 20 or 40 years ago; indeed, with organized Christianity’s decline, you could say that it’s more metaphysically polarized as well. We are more likely to hate and fear members of the rival party, more likely to sort ourselves into ideologically homogeneous communities, more likely to be deeply skeptical about public institutions and more likely to hold conspiratorial beliefs — like the belief that Joe Biden and the Democrats stole the 2020 election — that undercut the basic legitimacy of the opposition party’s governance.At the same time, the literature suffers from a serious liberal-bias problem, a consistent naïveté about the left and center’s roles in deepening polarization. For instance, in the Bush and Obama eras there were a lot of takes on the dangers of “asymmetric polarization” — the supposed ideological radicalization of the Republicans relative to the Democrats. Across most of the 2010s, though, it was clearly liberals who moved leftward much more rapidly, while Republicans basically stayed put — and yet somehow the perils of that kind of asymmetry get much less expert attention.Likewise the drama of protest politics in 2020 is often analyzed in a way that minimizes the revolutionary symbolism of the left’s protests — the iconoclasm and the toppled statues, the mayhem around federal buildings and the White House, the zeal to rename and rewrite — and focuses intensely on the right’s response, treating conservative backlash as though it emerges from the reactionary ether rather than as a cyclical response.The other bias in the civil-war literature is toward two related forms of exaggeration. First, an exaggerated emphasis on what Americans say they believe, rather than what (so far, at least) they actually do. It’s absolutely true that if you just look at polling data, you see a lot of beliefs that would seem to license not just occasional protest but some sort of continuing insurrection. This includes not only the Trumpist stolen-election theories but also popular beliefs about recent Republican presidents — that George W. Bush had foreknowledge and allowed Sept. 11 to happen or that the Russians manipulated vote tallies in order to place Donald Trump, their cat’s-paw, in the White House.However, an overwhelming majority of people who hold those kinds of beliefs show no signs of being radicalized into actual violence. For all the talk of liberal “resistance” under Trump, the characteristic left-wing response to the Trump administration was not to join Antifa but to mobilize to elect Democrats; it took the weird conditions of the pandemic and the lockdowns, and the spark of the George Floyd killing, to transmute anti-Trumpism into national protests that actually turned violent.Likewise, despite fears that Jan. 6 was going to birth a “Hezbollah wing” of the Republican Party, there has been no major far-right follow-up to the event, no dramatic surge in Proud Boys or Oath Keepers visibility, no campaign of anti-Biden terrorism. Instead, Republicans who believe in the stolen-election thesis seem mostly excited by the prospect of thumping Democrats in the midterms, and the truest believers are doing the extremely characteristic American thing of running for local office.This has prompted a different liberal fear — that these new officeholders could help precipitate a constitutional crisis by refusing to do their duty in a close election in 2024. But that fear is an example of the other problem of exaggeration in the imminent-civil-war literature, the way the goal posts seem to shift when you question the evocations of Fort Sumter or 1930s Europe.Thus we are told that some kind of major democratic breakdown is likely “absent some radical development” (as Beauchamp puts it); that we are already “suspended between democracy and autocracy” (as Remnick writes); that “the United States is coming to an end” and the only question “is how,” to quote the beginning of Stephen Marche’s new book, “The Next Civil War.” But then it turns out that the most obvious danger is an extremely contingent one, involving a cascade of events in 2024 — a very specific sort of election outcome, followed by a series of very high-risk, unusual radical choices by state legislators and Republican senators and the Supreme Court — that are worth worrying about but not at all the likeliest scenario, let alone one that’s somehow structurally inevitable.Similarly, we are first told that “civil war” is coming, but then it turns out that the term is being used to mean something other than an actual war, that the relevant analogies are periods of political violence like the Irish Troubles or Italy’s “Years of Lead.” And then if you question whether we’re destined to reach even that point, you may be informed that actually the civil war is practically here already — because, Marche writes, “the definition of civil strife starts at twenty-five deaths within a year,” and acts of anti-government violence killed more people than that annually in the later 2010s.That kind of claim strikes me as a ridiculous abuse of language. The United States is a vast empire of more than 330 million people in which at any given time some handful of unhinged people will be committing deadly crimes. And we are also a country with a long history of sporadic armed conflict — mob violence, labor violence, terrorism and riots — interwoven with the normal operation of our politics. If your definition of civil war implies that we are always just a few mass shootings or violent protests away from the brink, then you don’t have a definition at all: You just have a license for perpetual alarmism.I am very aware that I’m always the columnist making some version of this calm-down argument, sometimes to a fault. So I want to stress that the problems that undergird the civil-war hypothesis are serious problems, the divisions in our country are considerable and dangerous, the specific perils associated with a Trump resurgence in 2024 entirely real.But there are also lots of countervailing and complicating forces, and the overall picture is genuinely complex — at least as complex, let’s say, as the informant-riddled plot against Gretchen Whitmer. And as with that conspiracy, it’s worth asking whether the people who see potential insurrection lurking everywhere are seeing a danger rising entirely on its own — or in their alarm are helping to invent it.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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    How Biden and Boris Johnson Reached the Same Place on Virus Policy

    Two different leaders with differing approaches landed on a policy of coexisting with the virus. Analysts say they had little choice.LONDON — On the evening of Dec. 21, Prime Minister Boris Johnson appeared from 10 Downing Street to tell anxious Britons they could “go ahead with their Christmas plans,” despite a surge in new coronavirus cases. At nearly the same moment, President Biden took to a White House podium to give Americans a similar greenlight.It was a striking, if unintended, display of synchronicity from two leaders who began with very different approaches to the pandemic, to say nothing of politics. Their convergence in how to handle the Omicron variant says a lot about how countries are confronting the virus, more than two years after it first threatened the world.For Mr. Johnson and Mr. Biden, analysts said, the politics and science of Covid have nudged them toward a policy of trying to live with the virus rather than putting their countries back on war footing. It is a highly risky strategy: Hospitals across Britain and parts of the United States are already close to overrun with patients. But for now, it is better than the alternative: Shutting down their economies again.“A Conservative prime minister trying to deal in a responsible way with Covid is very different than a Democratic president trying to deal responsibly with Covid,” said Geoff Garin, a Democratic pollster in Washington. And yet, he said, their options are no longer all that different.“From both a medical perspective and a political perspective,” Mr. Garin said, “there’s not as strong an imperative for people to hunker down in the way they were hunkering down a year ago.”President Biden, taking office, promised to pay greater heed to scientific advice and embraced measures like “expanded masking, testing and social distancing.”Al Drago for The New York TimesSome analysts say the two leaders had little choice. Both are dealing with lockdown-weary populations. Both have made headway in vaccinating their citizens, though Britain remains ahead of the United States. And both have seen their popularity erode as their early promises to vanquish the virus wilted.Several of Mr. Biden’s former scientific advisers this week publicly urged him to overhaul his strategy to shift the focus from banishing the virus to a “new normal” of coexisting with it. That echoes Mr. Johnson’s words when he lifted restrictions last July. “We must ask ourselves,” he said, “‘When will we be able to return to normal?’”Devi Sridhar, an American scientist who heads the global health program at the University of Edinburgh, said, “The scientific community has broad consensus now that we have to use the tools we have to stay open and avoid the lockdowns of 2020 and 2021. But it’s not easy at all, as we are seeing.”The alignment of Mr. Johnson and Mr. Biden is significant because Britain has often served as a Covid test case for the United States — a few weeks ahead in seeing the effects of a new wave and a model, for good or ill, in how to respond to it.Miami this week. Several of Mr. Biden’s former scientific advisers have publicly urged him to shift the focus from banishing the virus to a “new normal” of coexisting with it.Saul Martinez for The New York TimesIt was the first country to approve a vaccine and the fastest major economy to roll it out. Its frightening projections, from Imperial College London, about how many people could die in an uncontrolled pandemic helped push a reluctant Mr. Johnson and an equally reluctant President Donald J. Trump to call for social distancing restrictions in their countries.That Mr. Johnson and Mr. Trump initially resisted such measures was hardly a surprise, given their ideological kinship as populist politicians. When Mr. Johnson locked down Britain, several days after his European neighbors, he promised to “send the virus packing” in 12 weeks. Mr. Trump likewise vowed that Covid, “like a miracle,” would soon disappear. Both later suffered through bouts with the disease.Mr. Biden, taking office, promised a different approach, one that paid greater heed to scientific advice and embraced difficult measures like “expanded masking, testing and social distancing.” Though Mr. Johnson never flouted scientific advice like Mr. Trump, he was sunnier than Mr. Biden, continuing to promise that the crisis would soon pass.For Prime Minister Boris Johnson, the major obstacle is not defiant regional leaders or the opposition but members of his own Conservative Party.Pool photo by Jack HillBut both he and Mr. Biden have languished politically as new variants have made Covid far more stubborn than they had hoped. Last July 4, with new cases dropping and vaccination rates rising, Mr. Biden claimed the United States had gained “the upper hand” on the virus. Weeks later, the Delta variant was sweeping through the country.In England, with nearly 70 percent of adults having had two doses of a vaccine, Mr. Johnson lifted virtually all social-distancing rules on July 19, a bold — some said reckless — move that the London tabloids nicknamed “Freedom Day.” After a midsummer lull in cases that appeared to vindicate Mr. Johnson’s gamble, the Omicron variant has now driven new cases in Britain to more than 150,000 a day.Mr. Biden and Mr. Johnson have different powers in dealing with the pandemic. As prime minister, Mr. Johnson can order lockdowns in England, a step he has taken twice since his first lockdown in March 2020. In the United States, those restrictions are in the hands of governors, a few of whom, like the Florida Republican Ron DeSantis, have become vocal critics of Mr. Biden’s approach.For Mr. Johnson, the major obstacle is not defiant regional leaders or the opposition but members of his own Conservative Party, who fiercely oppose further lockdowns and have rebelled against even modest moves in that direction.Riders in the London tube last month. The Omicron variant has now driven new cases in Britain to more than 150,000 a day.Andrew Testa for The New York TimesThe prime minister has kept open the possibility of further restrictions. But analysts say that given his eroding popularity, he no longer has the political capital to persuade his party to go along with an economically damaging lockdown, even if scientists recommended it.Mr. Johnson is “essentially now a prisoner of his more hawkish cabinet colleagues and the 100 or so MPs who seem to be allergic to any kind of public health restrictions,” said Tim Bale, a professor of politics at Queen Mary, University of London. They “just feel that the state has grown too big in trying to combat Covid and that they really don’t want the government to grow any bigger,” Mr. Bale said.Some British analysts draw a comparison between red-state governors like Mr. DeSantis and Conservative lawmakers from the “red wall,” former Labour strongholds in the Midlands and the north of England that Mr. Johnson’s Tories swept in the 2019 election with his promise to “Get Brexit done.”Las Vegas Boulevard during a lockdown in May 2020. Bridget Bennett for The New York TimesThese are not low-tax, small-government conservatives in the tradition of Ronald Reagan or Margaret Thatcher, but right-leaning populists who model themselves on Mr. Trump and the Mr. Johnson who championed the Brexit vote — voters the prime minister would need to win re-election.Some critics argue that Mr. Biden and Mr. Johnson are both out of step with their countries. Britons have proven far more tolerant of lockdowns than the lawmakers in the prime minister’s party. In parts of the United States, by contrast, popular resistance to lockdowns is widespread and deeply entrenched.“Biden suffers from seeming to do too much and Boris suffers from seeming to do too little,” said Frank Luntz, a Republican strategist who was a classmate of Mr. Johnson’s at Oxford University. “Biden would have done a better job if he had led Britain, and Boris would have done a better job if he led the U.S.”Ice skaters in London last month.Andrew Testa for The New York TimesMr. Biden, unlike Mr. Johnson, does not face an internal party rebellion on his Covid policy. But the continued grip of the pandemic has sapped the president’s poll ratings, stoking fears of a Republican landslide in the midterm elections. The calls for change from members of Mr. Biden’s former scientific brain-trust, some said, reflected concerns that his Covid messaging was lagging reality.Others pointed out that the president’s determination to keep schools and businesses open, despite the soaring number of cases, signaled that a change in thinking was underway in the White House — if a few months later than that in Downing Street.“When Biden says we ought to be concerned but not panicked, he’s meeting Americans where they are,” Mr. Garin, the Democratic pollster, said. “He’s also meeting the science where it is.”Stephen Castle contributed reporting. More

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    Jan. 6, Part 3: The State of American Democracy

    Rachel Quester and Robert Jimison and Marion Lozano and Listen and follow The DailyApple Podcasts | Spotify | StitcherIn the United States, the transfer of power is built on the expectation that candidates and their allies follow the process peacefully and with a degree of grace.After the election on Nov. 3, 2020, peace and grace were not forthcoming from President Donald J. Trump’s side.Mr. Trump and his allies tested the limits of the election system, launching pressure and legal campaigns in competitive states to have votes overturned — all the while exposing the system’s precariousness.Although the efforts weren’t successful, they appear to have been only the beginning of a wider attack on American elections. In the final part of our Jan. 6 coverage, we explore the threats to democracy that may come to bear in the next election.On today’s episodeAlexander Burns, a national political correspondent for The New York Times.The Capitol Building at sunrise on Thursday, a year after the riot.Al Drago for The New York TimesBackground readingThe fight over American democracy and the fragility of good faith: Times political journalists talk about the Republicans’ push to restrict voting and seize control over elections, and how Democrats are responding.Here are four takeaways from the anniversary of the Jan. 6 attack on the Capitol.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.Alexander Burns 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, Austin Mitchell, Dan Powell, Dave Shaw, Sydney Harper, Daniel Guillemette, 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 and Rowan Niemisto.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, Erica Futterman, Wendy Dorr, Elizabeth Davis-Moorer, Jeffrey Miranda and Maddy Masiello. More

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    Justice in the US Is an Art Form

    On any given day, US media will offer an abundance of reports on the sometimes strange workings of its justice system. This first week of January has proved to be rich in examples, with the high-profile cases of Ghislaine Maxwell and Elizabeth Holmes complemented by a host of stories about smaller cases over the antics of local judges or the ambiguity of legislation in particular states.

    The ultimate effect of these stories may appear to justify the remark made by Mr. Bumble, in Charles Dickens’ “Oliver Twist,” who cited the proverbial phrase, “the law is an ass.” Dickens painted Bumble as an appalling hypocrite and the hapless husband of a tyrannical wife. When told that “the law supposes that your wife acts under your direction,” Bumble correctly identifies the gap between the principles expressed in the law and reality. Reacting to the supposed “suppositions” of the law, Bumble wishes “that his eye may be opened by experience — by experience.”

    Judicial Creativity Makes the News

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    In this comic passage, Dickens identified one of the central problems of any system of law, the friction created when suppositions concerning human behavior meet the facts of actual human experience. In most people’s minds, the notion of equality before the law requires that the letter of the law be applied uniformly to everyone, regardless of circumstance. But justice requires two things not contained in the law. Application of the law should take into account variable circumstances. But it should also mobilize the human ability to treat language — the wording of the law — as the not quite reliable artifact all language tends to be. The latter seems to represent a formidable challenge.

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    A New York Times article with the title, “Language Mistake in Georgia Death Penalty Law Creates a Daunting Hurdle” exposes how the careless wording of a Georgia law has inverted its intended logic. At one point it quotes a pearl of wisdom from 2013 uttered by future Supreme Court Justice Brett Kavanaugh. “It is essential,” Kavanaugh opined, “that we follow both the words and the music of Supreme Court opinions.”

    Today’s Daily Devil’s Dictionary definition:

    Music:

    1. A sublime art form practiced in all human cultures that derives from the ability to modulate the pitch, rhythm and sympathetic resonance of sounds produced by both the human voice and the skillful manipulation of a wide variety of physical objects

    2. A useful metaphor that consists of using the art form’s absence of propositional content to make irresponsible assertions sound as if they reflect deep and serious reasoning

    Contextual Note

    Perhaps Kavanaugh imagines the US criminal justice system as something akin to the pre-Copernican universe in which the sun was believed to revolve around the Earth and where, at the summit of the heavens, one could hear the celestial music of the spheres. That is a far cry from the more accurate description of the law’s workings by Mr. Bumble, who wished the law might descend from its principled heights and open its eyes to deal with human experience.

    The verdict in the trial of Theranos founder Elizabeth Holmes confirmed the spectacular fall of a one-time darling of the techno-financial-political establishment and youthful billionaire. It also illustrates that while Kavanaugh’s imaginary legal music didn’t play much of a role in determining the verdict, a certain form of cultural mythology figured prominently.

    Under the headline, “EXCLUSIVE: Juror speaks out after convicting Elizabeth Holmes,” ABC News reports on how the jury’s deliberation reached a verdict that ended up blaming Holmes for bilking the millionaires and billionaires who invested in her company but found her innocent of conning a gullible public into purchasing a fraudulent product.

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    One of the jurors, Wayne Kaatz, described by ABC News as “a daytime Emmy-award-winning TV writer,” observed a phenomenon that any author of fiction and media professional would be expected to notice. “It’s tough,” Kaatz explained, “to convict somebody, especially somebody so likable, with such a positive dream.” He insisted that the jury “respected Elizabeth’s belief in her technology, in her dream.” He added that in their mind, Holmes “still believes in it, and we still believe she believes in it.” In US culture, believing in a “positive dream” is in itself an act of moral virtue. Believing in those whom you believe is nearly as good.

    Historical Note

    The idea of the American dream was first promoted by the businessman and historian James Truslow Adams. In his best-selling 1931 book “Epic of America,” he described it as the “dream of a land in which life should be better and richer and fuller for everyone, with opportunity for each according to ability or achievement.” Later commentators, according to music historian Nicholas Tawa, “would claim that the American Dream was mostly the quest for financial betterment and the accumulation of bigger and better material goods.” Truslow launched the phrase describing his “positive dream” just about the time Edward Bernays, the godfather of public relations, was consolidating the ideology that would underpin the growth of the consumer society in subsequent decades.

    Martin Luther King cleverly exploited the idea of the American dream in his famous “I have a dream” speech. Instead of putting it in a consumerist framework, Reverend King framed the black American’s dream in terms of future justice. The justice-inspired dream has consistently challenged Truslow’s consumerist version aggressively promoted by Bernays and the powerful agencies of Madison Avenue.

    In other words, even within the US justice system, it isn’t King’s dream of justice but Truslow’s consumerist model that dominates, unconsciously orientating the average American’s perception of the world. The vaunted personal belief in one’s money-making dream (and scheme) typically contains some wildly positive outcome for the world.

    In the case of Elizabeth Holmes, what the jury called a “positive dream” was the promise of an instantaneous deciphering of every citizen’s state of health thanks to a drop of blood produced with a pinprick. For the incomparably successful Elon Musk, it’s the return of the planet to ecological health thanks to expensive electric cars. Or, alternatively, the colonization of Mars when the emerging truth about the failure of electric cars to save the Earth offers humanity no other choice than to escape to another planet.

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    These generously optimistic beliefs held by brave entrepreneurs (funded by equally brave billionaires) may be seen to justify lying and other forms of skulduggery. After all, if you have a great idea and don’t accept to play hardball by aggressively promoting the dream you are intent on turning into reality, you will fail and return to the dustheap from which you came: the cohort of anonymous losers. The jury admired Holmes for trying, even though the effort required some serious lying to a gullible public. 

    In contrast, the jury had no trouble finding Holmes guilty of the much more serious crime of pulling the wool over the eyes of America’s nobility, the wealthy elite who agreed to back her dream with their cash. In a guest article for The New York Times, Vanity Fair’s Bethany McLean admits to hoping that justice would be served with the opposite verdict. She wanted Holmes “convicted on the charges of lying to patients but found not guilty of the charges that she defrauded investors.” McLean believes that they “should have done the homework that others who refused to give Theranos money did.”

    The A-list investors and political celebrities who backed Holmes’ dream had the means to do due diligence but, charmed by the music of the dream, didn’t bother. Worse, the confidence projected by such prestigious investors — including former Education Secretary Betsy DeVos, Henry Kissinger, Oracle’s Larry Ellison, James Mattis (Donald Trump’s future defense secretary), Rupert Murdoch and the Walton family — gave added credibility to the lies Theranos’ patients were subjected to.

    Holmes is now awaiting sentencing. She will probably serve significant time in prison, though that may be attenuated and her time in prison reduced thanks to the kind of prevailing sympathy that exists for those who believe in their dream (especially young white females). That sympathy may have been a factor in the lenient sentence given to sex-trafficker Jeffrey Epstein in 2008, though no jury was involved. Perhaps that’s just one feature of the music of the law that Justice Kavanaugh believes to be real, always ready to produce its seductive strains, at least in those moments when it isn’t braying like an ass.

    *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Daily Devil’s Dictionary on Fair Observer.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    Judicial Creativity Makes the News

    The criminal justice system in the United States may not be the best imaginable model for producing effective crime control. Given the numbers of people incarcerated, neither does it appear to be an effective tool of dissuasion. Its rate of 629 people incarcerated per 100,000 is five times as high as France (119) and seven times higher than Italy (89), the home of Cosa Nostra, ‘Ndrangheta and the Camorra. Only El Salvador begins to approach the US figure (572), an ungovernable, poverty-stricken nation in which criminality has become a way of life for its youth, largely deprived of any other perspectives.

    On the other hand, it has consistently demonstrated its creativity. American legislators at both the state and federal level have always found imaginative ways of improving the performance of a legal system designed to protect and sometimes even reward anyone who can afford an expensive lawyer (or team of lawyers) and crush anyone who cannot, especially if their ethnicity places them in a group reputed to be inclined to criminal activity.

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    California’s creative legislators were the first to initiate the brilliant idea, subsequently followed by more than 20 other states, of “three strikes and you’re out.” The national sport, baseball, provided them with the perfect model for setting the rules of civil behavior. The law was apparently “crafted to be largely symbolic.” It quickly achieved its purpose of consolidating in the public’s mind the idea of an identifiable, always-to-be-feared criminal class.

    Legislators and jurists invested much of their creative energy in finding acceptable ways to avoid sending people with lavish lifestyles to jail for a broad class of antisocial behavior, corporate crime, despite the fact that it frequently provokes major societal disasters. Senator Mitt Romney and the Supreme Court insisted that we think of corporations as people. But when they commit crimes, even with catastrophic consequences for millions of people’s lives, the courts not only cannot send a corporation to prison, they refrain from being too hard on the people at the top of those corporations who implemented the crimes since, after all, they were just doing their (well-paid) job and serving the economy. The same logic applies to members of the political establishment whose job responsibilities occasionally include committing war crimes across broad swaths of the world in the name of America’s sacrosanct “national security.”

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    Jeffrey Epstein clearly belonged to that same elite. Given the sums of money he controlled, he achieved something akin to a corporate identity. In 2008, he was convicted in a Florida court on an absurdly mild charge that had little to do with the crimes he was known to have committed. Thanks to arrangements that were made with federal prosecutors, he served a simulacrum of incarceration in which for 13 months he was free during the day but condemned to spend his nights in a public jail.

    In 2019, the mounting evidence of his criminality made the decision to arrest him unavoidable. Possibly in consideration of his powerful friends and associates, Epstein had the good sense to commit suicide in his jail cell when nobody was looking. Could there have been some complicity in his noble self-sacrifice? As Bill Gates famously said, “he’s dead, so in general you always have to be careful,” meaning that once he could no longer talk, Epstein’s friends conveniently no longer needed to be so careful.

    Epstein’s demise in jail — whether assisted or self-inflicted — was a new crime scene. The criminals, in this case, were identified as the two black prison guards who were charged with monitoring his cell. Instead, they slept or surfed the web on that fatal night. They falsified their report and, like everyone else in the institution, were totally unconcerned by the fact that the video surveillance system was not working. Being the kind of people they were (black working class), they were duly called to account for their crime.

    Last week, the BBC reports, “US prosecutors have dismissed charges against two prison guards who falsified records the night Jeffrey Epstein killed himself on their watch.” The prosecutors “asked a judge to dismiss their case, saying the pair have complied with a plea deal.”

    Today’s Daily Devil’s Dictionary definition:

    Plea deal:

    A procedure that allows judicial authorities to avoid the literal application of the law and to arrange things in whatever they deem the public interest to be, either in the interest of identifying the true, powerful, higher-level culprits hiding in the wings or in the interest of protecting them.

    Contextual Note

    The case of these two prison guards undoubtedly deserves a bit more reflection than US media seem willing to offer. The briefest attempt at reflection might include the consideration that subjecting the guards to the full force of the law in a trial involve the risk that they might implicate other people, including their own superiors, to prove their innocence.

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    In the imagined case that the two guards were not just neglectful but had received specific instructions not to carry out their normal duties that night, faced with the prospect of prosecution, they would undoubtedly be inclined to reveal in a public courtroom that they were simply following orders. In the equally imagined case that they were offered a chance to live their lives in peace after some sort of agreed settlement, part of the settlement would obviously include the dismissal of any charges against them.

    Instead of entertaining and investigating such hypotheses, the prosecutors issued this statement: “After a thorough investigation and based on the facts of this case and the personal circumstances of the defendants, the Government has determined that the interests of justice will best be served by deferring prosecution.” How, we might ask them, do they define “the interests of justice,” and justice for whom?

    Senator Ben Sasse, a Republican member of the Senate Judiciary Committee, found the procedure suspicious. He called the plea deal “unacceptable” and demanded “a report detailing the prison agency’s failures.” The BBC article subtly expresses its own doubts in the following remark: “It is unclear why the document was not filed until 30 December.” Let the reader wonder about that.

    “As part of a plea deal,” the BBC reports, “the pair agreed to complete 100 hours of community service and co-operate with an investigation by the justice department’s inspector general.” What about the other parts of the deal? And what does cooperating entail? Could it involve agreeing to a law of silence? The reader is still wondering.

    A classic plea deal seeks to implicate people higher up on the criminal ladder. But nothing prevents it from doing just the opposite.

    Historical Note

    Ironically, just this week, Glenn Greenwald exposed a different, equally suspect story of a possible plea deal, this one concerning WikiLeaks founder Julian Assange. Denouncing the control intelligence agencies have achieved over corporate news media, exemplified by the permanent presence of former high-level officials of the CIA and FBI as salaried staff of the networks, Greenwald cites former FBI Assistant Director and MSNBC employee Frank Figliuzzi. He argues that if extradited from the UK, “Assange may be able to help the U.S. government in exchange for more lenient charges or a plea deal. Prosecutions can make for strange bedfellows. A trade that offers a deal to a thief who steals data, in return for him flipping on someone who tried to steal democracy sounds like a deal worth doing.”

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    This would be a plea deal with purely political ends and no relation to any form or idea of justice. Instead, it relies on the radical injustice of obsessively prosecuting whistleblowers. The enmity between the intelligence agencies and Donald Trump is such that any prospect of legally embarrassing the former president appears worthwhile in the eyes of many people at MSNBC and in the establishment of the Democratic Party.

    Then there’s the case of Ghislaine Maxwell, convicted last week of sex trafficking as Jeffrey Epstein’s partner and accomplice. Many in the media are speculating about the possibility of a reduced sentence if she is willing to name names. The prosecution ” confirmed no plea bargain offers were made or received,” according to Ghislaine’s brother, Ian Maxwell, who expects “that position to be maintained.

    Plea deals clearly offer scope for impressive feats of creativity by those in the judicial system who know how to use them.

    *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Daily Devil’s Dictionary on Fair Observer.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    America Is on the Edge of a Critical Precipice

    As we enter a new year, there is every warning you can think of that the Biden presidency, its promise and its transformational potential will come to a crashing end in 2022. When circumstance, willful ignorance and an utter disdain for governmental achievement and good governance conspire together to undermine aspiration, no amount of policy response will win the day. Only passion and anger have any chance at success.

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    Into that mix, up steps Joe Manchin, a US senator from West Virginia to put the transformational agenda of the progressive movement in America on life support. Amid the cascade of bad news here, there is also plenty of “democratic” absurdity. In his last reelection in 2018, Manchin won a six-year US Senate seat from West Virginia with a whopping total of 290,510 votes. Joe Biden won the presidency in 2020 with over 81 million votes. So what? In the land of the free, Manchin’s personal agenda, the agenda of the fossil fuel industry and apparently that of a sliver of America trumps that of a president elected by a significant majority of all Americans who voted in the presidential election.

    It is largely the ongoing institutional paralysis of the US Senate that gives Manchin and a handful of other US senators veto power over virtually all legislative initiatives. This paralysis is now so deeply ingrained that the results are almost always foreordained. In America’s two-party system, the Republican Party is presently committed solely to a scorched earth drive to political victory at the cost of even the most basic of policy discussions.

    West Virginia and More

    This is the fertile ground in which corruption and influence peddling thrive. Here again, Manchin steps up to the plate, this time to institutionally piss on the 93% of West Virginia’s children who are eligible to benefit from a child tax credit that is about to expire. Since this should be a huge incentive for him to support the extension of the child tax credit, Manchin’s singular effort to kill the legislation can only be explained by fealty to some special interest that surely doesn’t give a damn about those children.

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    Moreover, the child tax credit is just one pillar of the transformational safety net legislation that Senator Manchin and those who have likely bought his vote are attempting to bury. Corrupting special interests and their right-wing Republican allies are also hard at work scuttling universal pre-school education, childcare and elder care assistance, increased nutritional security for children, paid family leave, some measure of drug price controls, improved Affordable Care Act access and Medicare and Medicaid benefits, and support for affordable housing alternatives.

    Critically, as well, the proposed transformational social legislation that has already been passed by the US House of Representatives includes a significant (yet modest) effort to meet our national and international commitments to confront climate change. In fact, it may be antipathy toward these latter provisions that has pushed Manchin to abandon the West Virginia children and their families he would like you to think he cares about.

    Much of this should come as no surprise. After all, the legislative process in America is working as it was designed to work, ensuring that corporate interests, corrupt influence peddlers and wealthy Americans are able to bludgeon democratic reform with impunity. Unfortunately, no amount of policy response will win the day tomorrow in the face of the perfidy that is winning today. It will take a street fight to even begin to turn the tide.

    No Other Way Forward

    I do not say this lightly, but I see no other way forward. Adding voting rights, abortion rights, gun control and police reform to the scrapheap of history will make the rout complete. So, all Americans who understand the nation’s peril either seize this moment or they will continue to live in a country rife with inequality, racial and social injustice, gun violence, fundamental inequity and corruption. America will never be better if no one forces it to be better.

    To start, President Biden has to step up and demand that the key elements of the social safety net and climate change legislation be passed now. He must identify a legislative path forward and demand in no uncertain terms that all applicable legislative tools need to be utilized to that end. He must also make it clear that he will go directly to the people as their president to forge the necessary alliances to meet his legislative objectives. Then, every senator and every representative must be required to cast a vote, for or against. There is no choice.

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    If the legislation fails to pass the Congress, then Biden must call the people to the streets. This means that those of us who care on our own behalf or on behalf of others either answer the call or accept an America unworthy of our allegiance. There is no choice.

    Meanwhile, it is way past time to eliminate minority rule in the US Senate, not just for the moment but forever. Understand that there will be no voting rights legislation, no abortion rights bill, no gun control measures and no police reform measures if a Republican Party in the minority in Congress can effectively prevent the majority party and its president from confronting the issues they were elected by the majority to confront. Again, back to Biden and his legislative allies, this time to demand an end to the filibuster to move critical legislation forward. There is no choice.

    Although much attention has been focused on the social safety net, climate legislation and infrastructure funding, critical voting rights legislation must now be moved front and center. Any talk of seizing the moment based on today’s majority will be rendered meaningless if today’s majority cannot vote in tomorrow’s elections.

    Voting

    The vilest forces on America’s political landscape are now laser focused on control of the right to vote at all levels of government and then using that control to ensure electoral outcomes that reflect a narrow right-wing and racist agenda. If successful, this path will enshrine economic, racial and social inequality for generations to come. That pernicious work is well underway and advancing with success.

    In this context, I am hardly the first person to suggest that a democracy that properly encourages a minority voice in its political discourse ceases to be a democracy when that minority is permitted to rule with no corresponding responsibility to govern. This, unfortunately, is the state of play in today’s Congress. It can only change if President Biden and his allies call us to the streets and we respond in numbers unseen before in this nation.

    *[This article was co-published on the author’s blog, Hard Left Turn.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More