US constitution and civil liberties

Subterms

    More stories

    • 138 Shares169 Views

      in US Politics

      US supreme court pursuing rightwing agenda via ‘shadow docket’, book says

      by

      Conservative justices on the US supreme court consciously broke with decades-old congressional rules and norms to shift laws governing religious freedom sharply to the right through a series of shadowy unsigned and unexplained emergency orders, a new book reveals.Five of the six conservatives who now command the majority on the US’s most powerful court have rammed through some of their most contentious and extreme partisan decisions using the so-called “shadow docket” – unsigned orders issued frequently late at night, in literal and metaphorical darkness. The orders do not reveal who voted for them or why, often providing one-line explanations of the legal thinking behind them.The switch from openly argued cases, aired in public, to the unaccountability of the shadow docket was made purposefully during the pandemic in cases dealing with religious liberty, concludes Stephen Vladeck, an authority on the federal courts at the University of Texas law school. He warns that the trend is merging with the current ethics scandals surrounding the conservative justice Clarence Thomas to damage the legitimacy of the court and threaten a full-blown constitutional crisis.Vladeck exposes the largely unnoticed shift towards furtive justice in his new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. He shows how rightwing justices have abused the court’s emergency powers to run roughshod over the longstanding norm that shadow docket orders should be used sparingly and with extreme caution.Rightwing justices are now deploying such orders dozens of times each term. Over three terms alone, from 2019 to 2022, the court granted emergency relief in more than 60 cases: effectively overturning the considered decisions of lower courts through rushed, unexplained rulings.Among those orders were decisions that have had profound and nationwide impact over some of the most hotly disputed areas of public life, from abortion to immigration, voting rights, the death penalty and religious practices. Many appear to align more closely with Republican political priorities than with legal principles.One such order alone, the decision on the shadow docket to block the Biden administration’s January 2022 requirement that large employers mandate Covid vaccinations for their workforce, affected more than 83 million Americans – about a quarter of the US population.“The rise of the shadow docket reflects a power grab by a court that has, for better or worse, been insulated from any kind of legislative response,” Vladeck writes.The author chronicles how the most disturbing use of the shadow docket came with the rewriting of constitutional protections for religious liberty. The dramatic shift followed the death of the liberal justice Ruth Bader Ginsburg and her replacement in 2020 with a devout Catholic rightwinger, Amy Coney Barrett.The switch gave the conservative majority sufficient votes to overcome all resistance to ramping up use of the shadow docket, including from the chief justice, John Roberts, who though conservative has expressed mounting unease about the practice.The change in tactics could be seen almost immediately. Within weeks of taking her seat, Barrett joined four other rightwingers – Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh – to drive through a major change in the constitutional understanding of religious liberty, blocking New York state Covid restrictions on the numbers of worshippers allowed to gather in churches.The order was unsigned and gave virtually no explanation for a decision that profoundly changed the law of the land, rolling back government regulations where they touched upon religious practices. It was issued at four minutes before midnight on the day before Thanksgiving – a moment that would guarantee minimal media attention.The ruling was all the more extraordinary as by then New York had scaled back its Covid restrictions and churches no longer had to limit congregation sizes. So the court’s change in the law was moot.The same five rightwing justices went on to impose their will on religious liberty laws with similar late-night one-sentence rulings knocking back state Covid restrictions in California, New Jersey and Colorado. In total, the majority issued emergency injunctions against state Covid rules on religious grounds six times in four months.The sudden spate of shadow docket orders that followed Barrett’s arrival on the court was not accidental, Vladeck says. The justices could have taken up several pending cases in full court that would have addressed the issue of religious freedoms in open hearings on the merits, yet they chose to go the obscure shadow docket route.“Here we have the court not just using emergency applications to change substantive legal principles, but doing so even as they are considering requests to make the same changes through merits decisions,” Vladeck told the Guardian.Vladeck links the rise of the shadow docket to the increasing isolation of the supreme court and its disconnection from public opinion. The growing use of the shadow docket also mirrors the polarisation and toxification of American politics.Vladeck warns that the growing trend towards jurisprudence produced in darkness is endangering the legitimacy of the nation’s most powerful court. Public confidence in the court is already at a historic low, compounded by the recent revelations that Thomas accepted lavish gifts from the Republican billionaire Harlan Crow.“The shadow docket is a symptom of a larger disease,” Vladeck said. “The disease is how unchecked and unaccountable the court is today, compared to any of its predecessors.” More

    • 138 Shares119 Views

      in US Politics

      Supreme court justices think selves exempt from rules, top Democrat says

      by

      Dick Durbin, the Democratic chair of the Senate judiciary committee leading a push for supreme court ethics reform, accused the top court of being a panel of “nine justices [who] believe they are exempt from the basic standards of disclosure”.His claim came amid growing criticism of the conservative justice Clarence Thomas, whose judicial record is under scrutiny after he became embroiled in scandal over taking undeclared gifts from a Republican mega-donor.The last US Congress considered a bill demanding the inclusion of the supreme court in existing judicial conference regulations but it did not clear the Senate and the chief justice, John Roberts, has been mostly silent on the issue.Speaking to NBC’s Meet the Press on Sunday, Durbin said he hoped Roberts would take advantage of an invitation to testify before the judiciary committee on 2 May, to explain how he intended to handle ethics reform.“This is John Roberts’s court,” the Illinois Democrat said. “We are dealing with a situation where history will remember it as such. He is an articulate, well-schooled man when it comes to presenting his point of view. I’m sure he’ll do well before the committee.“But history is going to judge the Roberts court by his decision as to reform, and I think this is an invitation for him to present it to the American people.”Asked why he didn’t ask Thomas to appear, Durbin said: “I know what would happen to that invitation. It would be ignored. It is far better from my point of view to have the chief justice here.”Durbin’s statement that he thought all nine justices considered themselves above ethics standards came when he was asked what a code of conduct might look like.“[It] would look an awful lot like the code that applies to the rest of federal government and other judges, and basically would have timely disclosures of transactions like this purchase of the justice’s mother’s home,” he said, referring to Thomas’s failure to declare the sale to the mega-donor Harlan Crow.“It would also give standards for recusal so that if there’s going to be conflict before the court and recusal, it’d be explained publicly, and investigations of questions that are raised. It’s the same across the board code of conduct, ethics laws, applied to the court.“Why this supreme court, these nine justices, believe they are exempt from the basic standards of disclosure, I cannot explain.”Durbin’s invitation to Roberts did not mention Thomas, referring instead to “a steady stream of revelations regarding justices falling short of the ethical standards expected of other federal judges and, indeed, of public servants generally”.The court’s “decade-long failure” to address those problems has “contributed to a crisis of public confidence”, Durbin wrote.He said the 2 May hearing would focus on “the ethical rules that govern the justices of the supreme court and potential reforms to those rules”, noting that the “scope of your testimony can be limited to these subjects, and that you would not be expected to answer questions from senators regarding any other matters”. More

    • 138 Shares139 Views

      in US Politics

      Nine Black Robes review: how Trump turned the supreme court right

      by

      Joan Biskupic is senior supreme court analyst at CNN, a Pulitzer finalist and an established biographer. In her latest book, she seeks to make sense of the court during and after the presidency of Donald J Trump, culminating last June when five conservative justices overturned Roe v Wade, the ruling which guaranteed access to abortion. In one swoop, the court gutted the rights revolution of the 1960s and 1970s.It was more important for the favourites of the Federalist Society to be “right” than smart. As we saw this week, Wisconsin Democrats say thank you.On the US supreme court, the majority in Dobbs v Jackson, the abortion ruling, said personal autonomy lacked constitutional safeguards unless explicitly enumerated in the text of the document. Precedents protecting the right to contraception, interracial marriage, same-sex relations and marriage now stand on shaky ground.“In future cases, we should reconsider all of this court’s substantive due process precedents, including Griswold, Lawrence and Obergefell,” Clarence Thomas wrote in his concurring opinion in Dobbs, referring to the rulings on contraception, same-sex relations and marriage.Thomas did not mention Loving v Virginia, which guaranteed the right to interracial marriage. He is Black. His wife, the far-right activist Ginni Thomas, is white.Biskupic knows the history of the court. In earlier biographies, she studied the chief justice, John Roberts, the liberal justice Sonia Sotomayor, the retired Sandra Day O’Connor and the late Antonin Scalia.As expected, Nine Black Robes is well researched. Biskupic plumbs the papers of the late William Brennan, a liberal appointed by Dwight D Eisenhower in 1956. But her book also contains more than its fair share of chambers chatter.Biskupic captures the unease of some court members at being used as props by Trump. They felt “tricked”. Trump assured them a party for Brett Kavanaugh, his second nominee, would not turn overtly political. It did.“Some justices told me later that they were sorry they had gone,” Biskupic writes.Among the “stone faced” justices at the White House, Thomas was “conspicuously enthusiastic, alone applaud[ing] heartily after Kavanaugh spoke”. Later, Thomas’s wife would seek to help Trump overturn an election.Biskupic also recounts tensions between Roberts and Neil Gorsuch, Trump’s first conservative pick for the court. Gorsuch did not attend his first scheduled justices-only meeting. Roberts’s entreaties meant little.According to Biskupic, Gorsuch penned dissents and chivvied other justices. For example, in Torres v Madrid, a police abuse case, he “suggested his colleagues were kowtowing to policing concerns and the Black Lives Matter movement”.In his dissent, Gorsuch asked: “If efficiency cannot explain today’s decision, what’s left? Maybe it is an impulse that individuals like Ms Torres should be able to sue for damages. Sometimes police shootings are justified, but other times they cry out for a remedy.”Gorsuch also accused the majority of a “schizophrenic reading of the word ‘seizure’”. The chief justice was not amused.“The dissent speculates that the real reason for today’s decision is an ‘impulse’ to provide relief to Torres,” Roberts noted. “There is no call for such surmise.”Comity and appearances do not weigh heavily on Gorsuch. As Biskupic notes, his mother, Ann Gorsuch Burford, was administrator of the Environmental Protection Agency under Ronald Reagan but was found in contempt of Congress, a first for an agency head. She resigned, feeling used.After less than a year on the court, Gorsuch spoke at the Trump International hotel in Washington, addressing a “Defending Freedom Luncheon” sponsored by the Fund for American Studies, a conservative group. As Biskupic notes, the hotel then stood “embroiled in litigation about unconstitutional financial benefit for the president who appointed him”.Gorsuch’s appearance may have been an act of contrition, designed to placate Trump’s wrath. Months earlier, Gorsuch reportedly conveyed criticism of the president to Richard Blumenthal, the Democratic senator from Connecticut, during a courtesy call. Trump’s attacks on the judiciary were too much even for Gorsuch.But he is not the only justice with limited bandwidth for playing nice. Biskupic “learned” that Sotomayor circulated “a blistering draft dissent” which caused colleagues to back off from barring racially conscious preferences in college admissions. Now, Sotomayor’s luck may be running out. In challenges to affirmative action at Harvard and the University of North Carolina, the court is expected to strike down race-based admissions.Two years ago, Sotomayor attacked Kavanaugh’s legal reasoning in a case that involved a juvenile life sentence without parole.“The court is fooling no one,” she thundered, in Jones v Mississippi. “The court’s misreading is egregious enough on its own … The court twists precedent even further.”Biskupic also considers Trump’s legal woes, reporting on deliberations surrounding a ruling in favor of Cy Vance Jr, then Manhattan district attorney, in June 2020. The court upheld a subpoena demanding eight years of Trump’s tax returns. Voting 7-2, the court rejected Trump’s contention that he was immune from investigation simply because he was president. A little more than two years later, Trump stands indicted in the same jurisdiction.“We cannot conclude that absolute immunity is necessary or appropriate under article II or the supremacy clause,” Roberts wrote in 2020. “No citizen, not even the president, is categorically above the common duty to produce evidence when called upon in a criminal proceeding.”But the margin of the decision was not preordained.Biskupic writes: “In their private telephonic conference, the Trump v Vance case produced a 5-4 split, I later learned, to affirm the lower-court judgment against Trump.”Roberts’s cajoling made a difference.“Over the course of two months he coaxed and compromised,” Biskupic writes. “Only Thomas and Alito declined to sign on.”Nowadays, Biskupic laments, “the court has no middle, no center to hold.“… Donald Trump, who had demonstrated so little respect for the law, truth and democracy, changed the balance for at least a generation.”
      Nine Black Robes: Inside the Supreme Court’s Drive to the Right and Its Historic Consequences is published in the US by HarperCollins More

    • 138 Shares169 Views

      in US Politics

      Republican Ted Cruz introduces bill to block US supreme court expansion

      by

      The Republican senator Ted Cruz, whose party defied convention to delay then rush conservatives on to the supreme court, has introduced a constitutional amendment to stop Democrats expanding the court in response.“The Democrats’ answer to a supreme court that is dedicated to upholding the rule of law and the constitution is to pack it with liberals who will rule the way they want,” Cruz said.“The supreme court should be independent, not inflated by every new administration. That’s why I’ve introduced a constitutional amendment to permanently keep the number of justices at nine.”There is no constitutional provision for how many justices sit on the court.Democrats say the current court is not independent of the Republican party.In 2016, when the conservative Antonin Scalia died Mitch McConnell, the Republican leader in the Senate, held the seat open until a Republican president, Donald Trump, could replace a Democrat, Barack Obama, and nominate Scalia’s replacement. Neil Gorsuch filled that seat.In 2020, Democrats were helpless again when Ruth Bader Ginsburg, a liberal lion, died shortly before the presidential election and McConnell changed course, rushing Amy Coney Barrett on to the court before Trump lost to Joe Biden.Those changes and the replacement of the retiring Anthony Kennedy with Brett Kavanaugh produced a court dominated, 6-3, by conservatives.Conservative justices including Coney Barrett and Clarence Thomas have claimed not to be influenced by political considerations.Coney Barrett notably did so, saying the court “is not comprised of a bunch of partisan hacks”, while standing next to McConnell at a political studies centre named for the Republican leader.Among conservative rulings passed down by the new super-majority, a May 2022 decision saw the court side with Cruz in a case concerning personal loans to campaigns. The three liberal justices said the ruling paved the way for corruption.But the Dobbs decision of last year, removing the right to abortion, most enraged Democrats and progressives.On the left, plans have been floated to increase the size of the court and thereby redress its ideological balance.Writing for the Guardian last year, David Daley, author of Ratf**ked: Why Your Vote Doesn’t Count, said: “The court’s hard-right majority has neither popular support for its agenda nor institutional legitimacy.“It is the product of a hostile takeover of the courts 50 years in the planning by conservatives who have long understood that unpopular policies … can be thrust upon Americans by an unaccountable and unelected judiciary.“The court must be expanded and reformed to counter a rightwing power play that threatens to remake American democracy and life itself.”Biden ordered a commission to study options for reform. It found bipartisan support for term limits for justices but reported “profound disagreement” on whether the court should be expanded. Biden has said he is “not a fan” of expanding the court.Cruz’s amendment has little chance of passing a Democratic-held Senate but 10 Republican senators supported it nonetheless.Josh Hawley of Missouri said: “For years the left has been desperate to pack the court to promote their radical agenda. We must ensure that we stay true to the court’s founding principles, maintain the precedent of nine justices, and keep the Democrats from their brazen attempts to rig our democracy.” More

    • 163 Shares199 Views

      in Elections

      US court skeptical of bid to access congressman’s phone in January 6 inquiry

      by

      US court skeptical of bid to access congressman’s phone in January 6 inquiryAt issue is whether a protection afforded by the constitution applies to ‘informal’ fact-finding by members of CongressA federal appeals court appeared skeptical on Thursday of the justice department’s interpretation of US Congress members’ immunity from criminal investigations and whether it allowed federal prosecutors to access House Republican Scott Perry’s phone contents in the January 6 investigation.The department seized Perry’s phone in the criminal investigation last year and was granted access to its contents by a lower court, until Perry appealed the decision on the grounds that the speech or debate clause protections barred prosecutors from seeing his messages.January 6 insurrection has proved an obsession for Fox News’s Tucker CarlsonRead moreTwo of the three DC circuit judges appeared unconvinced about the justice department’s reading of the clause – the constitutional provision that shields congressional officials from legal proceedings – though it was unclear whether that would lead to them ruling against prosecutors.The court did not issue a ruling from the bench during the partly unsealed hearing, but the judge’s decision could have far-reaching implications for witnesses like Perry and even Mike Pence in the January 6 investigation, as well as the constitutional power and scope of the protection itself.The two Trump-appointed judges, Gregory Katsas and Neomi Rao, indicated they could rule in two ways: that messages with people outside Congress are not confidential at all, or that Perry could not be prosecuted or questioned about the messages, but that prosecutors could gain access to them.The supreme court has ruled in several instances on the speech or debate clause. While the exact nature of the protection remains vague, it has generally found the protection to be “absolute” as long as the conduct came in furtherance of legislative activity.At issue is whether Perry’s communications with third parties as he sought to assist Trump’s efforts to overturn the 2020 election results – and in particular, “informal” fact-finding – could be classified as legislative activity that would fall under the speech or debate clause.Perry’s main lawyer, John Rowley, argued that the congressman was protected from being forced to give up roughly 2,200 messages on his phone to prosecutors because they amounted to legislative work as he prepared for the 6 January certification and possible election reform legislation.But the justice department’s lawyer John Pellettieri disputed Rowley’s broad reading of the clause and argued that such “informal” fact-finding that had not been authorized by Congress as an institution meant Perry was acting unilaterally and therefore beyond the scope of the protection.Katsas and Rao sharply quizzed the justice department on its position that only committee-authorized investigations were protected under the speech or debate clause, and how any other fact-finding could not be a legislative activity.Katsas ran the department through various scenarios, including whether a recording of a call made by a member of Congress to a third party that they would use to inform how they voted on specific legislation would be protected – to which the department replied that it would not.“So a member who is not on a committee has no fact-finding ability?” Rao asked.Katsas added that he found it “odd” that “a member working to educate himself or herself” on how to vote would not be covered by the protection.The justice department argued in response that the conduct had to be “integral” to actual “legislative procedures” to be protected, and warned that the speech or debate clause would otherwise include anything members of Congress did so long as they claimed it was legislative work.The department also suggested that the conduct had to be “bona fide” legislative work – which prompted a response from Katsas that judges were not supposed to consider the motive and the behind-the-scenes decision-making of members of Congress.At the end of the hearing, Perry’s lawyer Rowley added that the department’s narrow interpretation of the speech or debate clause – that it had to be authorized and integral to actual legislative procedure – would mean the minority in Congress would have no protection in researching legislation.The hearing also revealed the previously sealed ruling by the chief US judge for the District of Columbia, Beryl Howell, in December that Perry was appealing: Howell had decided that Perry’s fact-finding messages were not protected because they were not part of a formal congressional investigation.TopicsUS Capitol attackUS constitution and civil libertiesUS politicsRepublicansnewsReuse this content More

    • 113 Shares199 Views

      in US Politics

      Republican moderate refuses to disown Trump over constitution threat

      by

      Republican moderate refuses to disown Trump over constitution threatDave Joyce of Ohio, chair of the Republican Governance Group, says he will vote for Trump if he is nominee in 2024 A leader of moderate Republicans in the US House repeatedly refused to condemn Donald Trump on Sunday, even after the former president, running for re-election in 2024, said the US constitution should be “terminated” to allow him to return to power.DeSantis and Pence lead Republican wave – of presidential campaign booksRead more“Whoever the Republicans end up picking, I’ll fall in behind” them, Dave Joyce of Ohio told ABC’s This Week, adding that he thought Americans did not want to look back to the 2020 election, the subject of Trump’s lies about electoral fraud and demand for extra-constitutional action.Joyce’s host, George Stephanopoulos, said: “I don’t see how you can move forward if your candidate is for suspending the constitution but thank you for your time.”Trump maintains the lie that the 2020 election, which Joe Biden won by more than 7m votes and a clear margin in the electoral college, was subject to widespread voter fraud. In messages on his Truth Social account on Saturday, Trump said the constitution should therefore be “terminated”.The former president was condemned by Biden, Democrats and political commentators. On CBS’s Face the Nation on Sunday another Ohio Republican, Mike Turner, said he “absolutely” did so too.“There is a political process that has to go forward before anybody is a frontrunner or anybody is even the candidate for the party,” Turner said. “I believe people certainly are going to take into consideration a statement like this as they evaluate a candidate.”Like Turner, Joyce was not among the 147 Republicans who objected to results in key states in the 2020 election, even after Trump supporters mounted their deadly attack on the Capitol, seeking to stop certification. But Stephanopoulos could not persuade Joyce to say he would not vote for Trump four years later.Joyce said: “Well, you know, when President Trump was in office, I didn’t make a habit of speaking out on his tweet du jour.“I don’t know what came out on … whatever his new social platform is. But, you know, people were not interested in looking backwards. The people who gave us the majority [in the midterm elections last month] … they gave us an opportunity, and we need to perform.”Ohioans, Joyce said, were more concerned about household budgets in a time of steep inflation.Stephanopoulos said: “But Donald Trump was your nominee in 2016 and 2020. You voted for him in 2016 and 2020. Now he’s talking about suspending the constitution. Can you support a candidate in 2024 who’s for suspending the constitution?”Joyce said: “Well, again, it’s early. I think there’s going to be a lot of people in the primary. I think, at the end of the day, whoever the Republicans end up picking, I’ll fall in behind because that’s – ”Stephanopoulos said: “Even if it’s Donald Trump and he’s called for suspending the constitution?”Joyce said: “Well, again, I think it’s going to be a big field. I don’t think Donald Trump’s going to clear out the field like he did in ’16.”Stephanopoulos said: “That’s not what I’m asking. I’m asking you, ‘If he’s the nominee, will you support him?’”Joyce said: “I will support whoever the Republican nominee is. And I just don’t think that at this point [Trump] will be able to get there because I think there’s a lot of other good quality candidates out there.”To the host, that was “a remarkable statement. You’d support a candidate who’s come out for suspending the constitution?”Joyce said: “Well, you know, [Trump] says a lot of things. You have to take him in context. And right now I have to worry about making sure the Republican Governance Group and the Republican majority make things work for the American people. And I can’t be really chasing every one of these crazy statements that come out … from any of these candidates.”‘It’s on the tape’: Bob Woodward on Donald Trump’s ‘criminal behavior’Read moreStephanopoulos said: “But that’s an extraordinary statement. You can’t come out against someone who’s for suspending the constitution?”Joyce said: “Well, first off, he has no ability to suspend the constitution. Secondly, I don’t –”Stephanapolous pointed out that Trump said he wanted to take that step.Joyce said: “Well, you know, he says a lot of things but that doesn’t mean that it’s ever going to happen. So you’ve got to accept exact fact from fantasy. And fantasy is that we’re going to suspend the constitution and go backwards. We’re moving forward and we’re going to continue to move forward as a Republican majority and as a Republican conference.”With that, Stephanopoulos closed the interview.“Thank you for having me,” Joyce said.TopicsDonald TrumpUS elections 2024RepublicansUS CongressUS constitution and civil libertiesUS politicsnewsReuse this content More

    • 113 Shares99 Views

      in Elections

      Biden rebukes Trump for saying constitution should be ‘terminated’

      by

      Biden rebukes Trump for saying constitution should be ‘terminated’Former president must be ‘universally condemned’ for comments, says White House The Biden White House rebuked Donald Trump after the former president said the US constitution should be “terminated” over his lie that the 2020 election was stolen.DeSantis and Pence lead Republican wave – of presidential campaign booksRead moreAndrew Bates, a White House spokesperson, said: “Attacking the constitution and all it stands for is anathema to the soul of our nation and should be universally condemned.”Bates called the constitution a “sacrosanct document”, saying: “You cannot only love America when you win.”Trump lost to Joe Biden in 2020, by more than 7m votes and by 306-232 in the electoral college, a result he called a landslide when it was in his favour in 2016, against Hillary Clinton.Trump continues to claim that Biden won key states through electoral fraud, a lie that fuelled the deadly attack on the US Capitol by his supporters on 6 January 2021. Nine deaths have been linked to the riot, including suicides among law enforcement. More than 950 people have been charged. This week, two members of the far-right Oath Keepers militia were convicted of seditious conspiracy. Other members of far-right, pro-Trump groups face similar charges.Trump was banned from Facebook and Twitter after the Capitol attack. He has not yet returned to the latter, despite its new owner, Elon Musk, saying he is free to do so. On Saturday, Trump used his own social media platform, Truth Social, to say of the 2020 election: “A massive fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the constitution.”Trump also said an “unprecedented fraud requires an unprecedented cure”.He was writing after Musk claimed he would show that Twitter was guilty of “free speech suppression” by releasing evidence of how the platform responded to requests from campaigns in the 2020 election.Trump is the only declared candidate for the Republican presidential nomination in 2024 but he has faced increased criticism from Republicans and Republican-supporting media since midterm elections in which many of his endorsed candidates were defeated, including election deniers running for governor and key elections roles in battleground states. Republicans took the House, but only by a narrow majority, and failed to retake the Senate.On Saturday, Trump also criticised the Senate minority leader, Mitch McConnell, and “all of the weak Republicans who couldn’t get the presidential election of 2020 approved and out of the way fast enough”. Even after the Capitol riot, 147 Republicans in Congress objected to results in key states.Senior Republicans have recently criticised Trump over his decision to have dinner at his home in Florida with Nick Fuentes, a known white supremacist and antisemite. But though the Florida governor, Ron DeSantis, has surged in polls regarding possible 2024 contenders, few in the party have broken decisively with Trump and those who have have largely been forced out.On Saturday, Brian Schatz, a Democratic US senator from Hawaii, pointed to such hard political reality, saying: “Trump just called for the suspension of the constitution and it is the final straw for zero Republicans, especially the ones who call themselves ‘constitutional conservatives’.”One such conservative is Kevin McCarthy, the Republican leader battling to become House speaker. Not long before Trump said the constitution should be terminated, McCarthy said that when his party took control in January, it would demonstrate its constitutionalist bona fides by reading “every single word” of the hallowed document on the floor of the House.On Sunday, Hakeem Jeffries, the newly elected Democratic leader in the House, told ABC’s This Week Trump had made “a strange statement, but the Republicans are going to have to work out their issues with the former president and decide whether they’re going to break from him and return to some semblance of reasonableness or continue to lean in to the extremism, not just of Trump, but of Trumpism”.‘It’s on the tape’: Bob Woodward on Donald Trump’s ‘criminal behavior’Read moreTrump and Trumpism are becoming more and more of a headache for McCarthy, Senate Republican leader Mitch McConnell and other senior Republicans.On Saturday, Mehdi Hasan, who hosts a show on the TV channel MSNBC, tweeted: “Do you support Donald Trump’s demand to ‘terminate’ the constitution? Doesn’t his demand disqualify him for running for the presidency? Two questions that every single Republican member of the House and Senate needs to be asked, again and again, in the coming days.”Hasan also pointed to Trump’s dinner at his Florida resort, Mar-a-Lago, with Nick Fuentes, saying that in just two weeks the former president had “said or done things that would be lifelong scandals for other politicians … he truly knows how to flood the zone”. Trump critics on the political right did condemn the remark.John Bolton, George W Bush’s UN ambassador who became Trump’s third national security adviser, said: “No American conservative can agree with Donald Trump’s call to suspend the constitution because of the results of the 2020 election. And all real conservatives must oppose his 2024 campaign for president.”TopicsDonald TrumpJoe BidenUS politicsUS elections 2020US elections 2024RepublicansDemocratsnewsReuse this content More

    • 88 Shares129 Views

      in US Politics

      US Senate passes bill protecting same-sex marriage

      by

      US Senate passes bill protecting same-sex marriageHouse must now pass legislation as Democrats hurry to get it Biden to sign into law before Republicans take over the chamber The US Senate has passed the Respect for Marriage Act, legislation to protect same-sex unions that Democrats are hurrying to get to Joe Biden to be signed into law before Republicans take over the House next year.‘No rings, no guests’: supreme court fears spur LGBTQ ‘shotgun’ weddingsRead moreThe House must now pass the bill, a step the majority leader, Steny Hoyer, said could come as soon as Tuesday 6 December. Nearly 50 House Republicans supported the measure earlier this year. In the Senate, support from 12 Republicans was enough to override the filibuster and advance the bill to Tuesday’s majority vote, which ended 61-36.Although the Respect for Marriage Act would not codify Obergefell v Hodges, the 2015 supreme court decision which made same-sex marriage legal nationwide, it would require states to recognise all marriages that were legal when performed, including in other states. Interracial marriages would also be protected, with states required to recognise legal marriage regardless of “sex, race, ethnicity, or national origin”.Same-sex marriage has been thought under threat since June, when the conservative-dominated supreme court struck down the right to abortion. Then, the hardline justice Clarence Thomas wrote that other privacy-based rights, including same-sex marriage, could be reconsidered next.Public support for same-sex marriage is at an all-time high of around 70% but according to the Movement Advancement Project, an LGBTQ+ advocacy group, if the supreme court did overturn the right, at least 29 states would be able to enforce bans.Before the vote on Tuesday, the US transportation secretary, Pete Buttigieg, wrote on Twitter: “Strange feeling, to see something as basic and as personal as the durability of your marriage come up for debate on the Senate floor.“But I am hopeful that they will act to protect millions of families, including ours, and appreciate all that has gone into preparing this important legislation to move forward.”After the vote, Sheldon Whitehouse, a Democratic senator from Rhode Island, said the Respect for Marriage Act would “place the right to marry out of this activist supreme court’s reach. We affirm what the American people already understand: every person deserves the freedom to marry the one they love.”James Esseks, director of the LGBTQ & HIV Rights Project at the American Civil Liberties Union, pointed to the need for more work.In a statement, he said: “For the last seven years, LGBTQ+ families across the country have been able to build their lives around their right to marriage equality. The Respect for Marriage Act will go a long way to ensure an increasingly radical supreme court does not threaten this right, but LGBTQ+ rights are already under attack nationwide.“Transgender people especially have had their safety, dignity, and healthcare threatened by lawmakers across the country, including by members of this Congress. While we welcome the historic vote on this measure, members of Congress must also fight like trans lives depend on their efforts because trans lives do.”In his opinion in the abortion case, Thomas did not mention interracial marriage. The justice, who is Black, is married to the conservative activist Ginni Thomas, who is white.The Republican leader in the Senate, Mitch McConnell, is white. His wife, the former transportation secretary Elaine Chao, is Asian American. McConnell has voted against the Respect for Marriage act.On Tuesday, Biden, who as vice-president famously came out in support of same-sex marriage before his boss, Barack Obama, said: “For millions of Americans, this legislation will safeguard the rights and protections to which LGBTQ+ and interracial couples and their children are entitled.“It will also ensure that, for generations to follow, LGBTQ+ youth will grow up knowing that they too can lead full, happy lives and build families of their own.”Biden thanked senators for their “bipartisan achievement” and said he “look[ed] forward to welcoming them at the White House after the House passes this legislation and sends it to my desk, where I will promptly and proudly sign it into law”.On Monday, before a test vote, the Democratic Senate leader, Chuck Schumer of New York, also praised Republicans who backed the measure, saying: “A decade ago, it would have strained all of our imaginations to envision both sides talking about protecting the rights of same-sex married couples.”Republicans argued for amendments they say won the support of religious groups that nonetheless oppose same-sex marriage, among them the Church of Jesus Christ of Latter-day Saints.“They see this as a step forward for religious freedom,” Thom Tillis of South Carolina told the Associated Press.Tammy Baldwin of Wisconsin, a Democrat and the first openly gay senator, told the AP the way some Republicans came round on the issue reminded her “of the arc of the LBGTQ+ movement to begin with, in the early days when people weren’t out and people knew gay people by myths and stereotypes”.With growing acceptance of LGBTQ+ rights, Baldwin said, “slowly laws have followed. It is history.”Associated Press contributed reportingTopicsSame-sex marriage (US)LGBTQ+ rightsUS politicsUS CongressUS SenateDemocratsRepublicansnewsReuse this content More