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      Alarm as US supreme court takes a hatchet to church-state separation

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      Alarm as US supreme court takes a hatchet to church-state separation A series of court decisions has raised fears that the conservative majority are forcing religion back into the US political systemWhen America’s highest court ended the constitutional right to abortion after half a century, Jeff Landry, the attorney general of Louisiana, knew whom he wanted to thank.“This is the day the Lord has made; let us rejoice in it and be glad,” he said in an official statement. “Today, along with millions across Louisiana and America, I rejoice with my departed mom and the unborn children with her in Heaven!”The US supreme court is letting prayer back in public schools. This is unsettling | Moira DoneganRead moreThe southern state’s top law enforcement official was not the only Republican to reference God while taking a victory lap. Nor was he alone in rooting for the supreme court to continue a pattern of forcing religion back into the US political system and tearing down the wall that separates church from state.The court – said to be more pro-religion than at any time since the 1950s – wrapped up one of its most consequential and divisive terms this week. Critics lamented a string of decisions that they say undermine legal traditions that prevent government officials from promoting any particular faith.In May the conservative majority ruled in favor of a Christian group that wanted to fly a flag emblazoned with a cross at Boston city hall under a programme aimed at promoting diversity and tolerance among the city’s various communities.Last month they endorsed taxpayer money paying for students to attend religious schools under a Maine tuition assistance programme in rural areas lacking nearby public high schools.Then they backed an American football coach at a Washington state public high school who was suspended by a local school district for refusing to stop leading Christian prayers with players on the field after games. This ruling cast aside a 1971 precedent, known as the Lemon test, which took into account factors such as whether the challenged government practice has a secular purpose.In all three cases, the court decided against government officials whose policies and actions were taken to avoid violating the constitution’s first amendment prohibition on government endorsement of religion, known as the “establishment clause”.In addition, although their decision last week to overturn the 1973 Roe v Wade ruling that legalised abortion nationwide did not involve the establishment clause, it was celebrated as a seminal victory by religious conservatives. Mike Pence, the former vice-president and a born again Christian, called for a national ban on the procedure.Paradoxically, the trend comes against the backdrop of an increasingly diverse and secular nation.Last year a Gallup survey revealed that Americans’ membership in houses of worship dropped below 50% for the first time, and last month Gallup found that the share of US adults who believe in God – 81% – was the lowest since it first asked the question in 1944.White Christians represented 54% of the population when Barack Obama first ran for president in 2008 but now make up only 45%. Former president Donald Trump’s appointment of three rightwing justices, however, helped put the court on a very different track. And the nature of its rulings have been unusually radical and sweeping.Robert P Jones, founder and chief executive of the Public Religion Research Institute thinktank in Washington, said: “What we’re seeing is a desperate power grab as the sun is setting on white Christian America. In the courts, instead of moving slowly and systematically, it’s a lurch.”Jones added: “In the meantime we’re going to be left with essentially an apartheid situation in the US where we’re going to have minority rule by this shrinking group that’s been able to seize the levers of power, even as their cultural democratic representation in the country shrinks.”The establishment clause prevents the government from establishing a state religion and bars it from favoring one faith over another. Thomas Jefferson, the third president, said in an 1802 letter the provision should represent a “wall of separation” between church and state.Some far-right Republicans now brazenly challenge that premise. The Colorado congresswoman Lauren Boebert reportedly told a church service last Sunday: “I’m tired of this separation of church and state junk that’s not in the constitution. It was in a stinking letter, and it means nothing like what they say it does.”In its trio of provocative decisions over the past two months, the supreme court decided that government actions intended to maintain a separation of church and state had instead infringed separate rights to free speech or the free exercise of religion, also protected by the first amendment.In the ruling on school football coach Joseph Kennedy, the conservative justice Neil Gorsuch wrote that the court’s aim was to prevent public officials from being hostile to religion as they navigate the establishment clause. “In no world may a government entity’s concerns about phantom violations justify actual violations of an individual’s first amendment rights,” Gorsuch opined.Rachel Laser, president of Americans United for Separation of Church and State, which represented the school board in the case, said the separation was “under complete attack” by the supreme court as it favours the free exercise clause at the expense of the establishment clause, thereby raising the specter of religious favoritism.“We are at risk of taking away the religious freedom of vast numbers of Americans, which should make the founders of our country be doing somersaults in their grave and I’m sure is alarming to the world as a whole, because they see America as a beacon of light when it comes to religious freedom.”The line between church and state has been crucial, Laser argues, to advances in LGBTQ equality, racial justice, reproductive freedom, protecting religious minorities, the teaching of science in schools and safeguarding democracy itself. But all this is suddenly precarious because of the court’s 6-3 conservative majority.She added: “The court pandered to a religious extremist agenda and implemented it by forcing one set of religious views on all of us and taking away the right of a woman to do with her body what her religious and moral views dictate, or taking away the right of a Maine taxpayer to not fund the teaching of a religion or religious discrimination that they disagree with, or taking away the right of a Jewish or Muslim or an atheist or a Buddhist public school student not to feel pressured to pray to play and be included in public school.”Like Jones, Laser perceives in the court’s opinions a backlash against America’s religious pluralism, racial diversity, an increase in women’s power in society and the advent of marriage equality and progress on LGBTQ equality.“This is a backlash that is meant to reinforce and cement existing power structures into our law, and it panders to a white Christian right extremist agenda. It’s incredibly divisive. It’s dangerous to our democracy in that regard.”Unusually, the nine-member supreme court currently includes six Catholics: Chief Justice John Roberts, Samuel Alito, Amy Coney Barrett, Brett Kavanaugh and Clarence Thomas, all appointed by Republican presidents, and Sonia Sotomayor, seated by a Democrat. Last year the court ruled that a Catholic social services agency in Philadelphia could ignore city rules and refuse to work with same-sex couples who apply to take in foster children.But although most of the court’s religious rights decisions in recent years involved Christian plaintiffs, it has also backed followers of other religions. These included a Muslim woman in 2015 denied a retail sales job because she wore a headscarf for religious reasons and a Buddhist death row inmate in 2019 who wanted a spiritual adviser present at his execution in Texas.The court also sided with both Christian and Jewish congregations in challenges based on religious rights to governmental restrictions such as limits on public gatherings imposed as public safety measures during the coronavirus pandemic.The New York Times reported recently: “Since John Roberts became chief justice in 2005, the court has ruled in favor of religious organizations in orally argued cases 83% [now 85%] of the time. That is far more than any court in the past seven decades – all of which were led by chief justices who, like Roberts, were appointed by Republican presidents.”The shift has been welcomed by conservative pressure groups. Carrie Severino, president of the Judicial Crisis Network, said: “The court’s recent pro-religious liberty streak shows how far it has come from earlier decades. A majority of the justices continue to demonstrate a clear record of protecting religious liberty and expression, something the constitution explicitly guarantees.”Activists and academic experts, however, warn that the emboldened supermajority of six justices is out of kilter with the will of the people on government endorsement of religion and other issues. Amanda Hollis-Brusky, an associate professor of politics at Pomona College in Claremont, California, said: “It’s paradoxical but it’s also a function of our system that creates so many avenues for minority rule and that’s something that we as Americans need to really reckon with: whether this 18th-century system still works for us in the 21st century.”TopicsUS constitution and civil libertiesUS politicsUS supreme courtChristianityReligionLaw (US)featuresReuse this content More

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      I’m a Black gun owner. I have mixed feelings about gun control | Akin Olla

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      I’m a Black gun owner. I have mixed feelings about gun controlAkin OllaI don’t have much faith that the state will protect me from violence – and I know that gun control laws have historically been used to target Black people, socialists and people who challenge the status quo The mass murder of elementary school students in Uvalde, Texas, and a white supremacist attack on Black residents of Buffalo, New York, have reignited the American gun control debate. Both atrocities have left me feeling more broken than I thought possible. As a Black, leftwing gun owner, however, I’m also struck by a feeling of unease.I believe in many forms of gun control, but the conversation about guns on the left often lacks complexity as we scramble for a simple answer to an extremely complicated problem. I don’t have much faith that the government will protect me or other minority Americans from the kind of violence that the police ostensibly exist to combat, and I know that gun control laws have historically been used to target Black people, particularly Black socialists like myself.I’m also not convinced that most current gun control proposals will even solve the problem. Consider the country’s deadliest school shooting, the Virginia Tech murders of 2007. The perpetrator passed his background check and used weapons that most gun control bans wouldn’t affect. A waiting period might have delayed his attack but his level of premeditation implies it was nearly inevitable. I feel sorrow for what happened. Yet I feel that as a society we tend to fight over specific gun control policies – some effective, some not – while ignoring the violent nature of the country we live in and the culture that drives almost exclusively men to commit mass murder.I never thought I’d be a gun owner. I’m not particularly fond of guns. If anything, they terrify me. I’ve generally hoped my charming personality and acumen at fisticuffs would be enough to deter would-be aggressors; it wasn’t until the terror that I experienced during the George Floyd uprising that I, like many Black Americans, was moved to become a first-time gun owner.I’d participated in protests and witnessed the sheer brutality of the Philadelphia police as they attacked my partner, threatened an elderly woman, and enveloped the entirety of my neighborhood in teargas. I watched Black parents flee their homes, gagging, eyes red, small children in tow. When I and others working as medical volunteers tried to evacuate the injured and elderly, we were met with pepper spray, rubber bullets, and batons. On the other side of the city, police officers let white vigilantes with baseball bats patrol the streets. None of this buttressed my belief that the police existed to protect me from violence.Around this time I, like other socialist organizers, received written threats. After a series of them, as well as a direct, in-person threat to my life made in front of my home, I buckled and decided I needed a weapon, and soon. Even without the specific threats, I was wrestling with a sense that society was on the brink. It may sound paranoid now, but to be Black in the midst of the George Floyd uprising and the tail end of the Trump presidency was a time to be paranoid. Guns and ammunition were sold out across the country. More than 5 million new gun owners purchased weapons in 2020, a more than 100% increase from the previous year. After a background check and a few days for the order to be processed, I picked up a gun from a store located in a man’s home in a dreamlike suburban cul-de-sac.America is steeped in violence. And the roots of that violence go deep | Moustafa BayoumiRead moreDespite owning a gun, I do think gun control is overdue and necessary. But I also can’t ignore the history of American gun control. Much of the modern debate around gun control began in the 1960s, after the state of California – with support, ironically enough, from the NRA – pushed through legislation in response to the Black Panther party and other armed militant groups. We must ensure that any new gun control laws do not disproportionately limit minority communities’ ability to own arms for reasons of legitimate self-defense, which may be impossible given that most laws in a country as steeped in racism as ours will inevitably be exploited to oppress the already oppressed.There are moments in US history when the right to own weapons made the difference between life and death for communities of color, such as the armed resistance against the Ku Klux Klan by the Lumbee Tribe in 1958. And despite the common perception of the civil rights movement, many activists kept guns in their homes or were protected by those who did. There was a time when Dr Martin Luther King Jr was described as having an arsenal in his home.To honestly address mass shootings, we must be willing to have difficult conversations about the complexity of all of this, and also accept that some solutions will involve restructuring our society. We have to accept that gun control may mean some people that reasonably fear for their lives will be left at the whim of fascists and police. We have to accept that mass shootings will absolutely still occur. We have to accept and analyze the reality that one of the most common denominators among shooters is their hate for women – as the Texas shooter, who shot his grandmother before carrying out his school massacre, sadly reminded us.And we have to realize the racist nature of this country and its violent roots. The founder of Uvalde, Texas, was shot and killed in 1867, probably not too far from where the elementary school shooting occurred. His alleged offense was opposing southern secession and supporting the presidency of Abraham Lincoln. His blood stains that town just as the blood of millions of Indigenous people and enslaved Africans stains the entirety of the United States.Gun control may be a good start to saving lives, but this country must be made new, and the lives of women, little children, and Black families made valuable. Until then, I sit uneasy.
      Akin Olla is a contributing opinion writer at the Guardian
      TopicsUS gun controlOpinionUS politicsGun crimeUS constitution and civil libertiesLaw (US)Texas school shootingBuffalo shootingcommentReuse this content More

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      Only cultural change will free America from its gun problem | Andrew Gawthorpe

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      Only cultural change will free America from its gun problemAndrew GawthorpeThe movement to protect innocent lives from gun violence is a multi-generational struggle akin to that which won African Americans civil rights or gay Americans the right to marry Some days it feels like guns are such a foundational part of American identity that the country would have to cease to be itself before it would give them up. When a gunman murdered dozens of elementary-age schoolchildren, leaving their bodies in such a state that parents had to give up DNA samples for them to be identified, it was one such day. What cultural value, what material interest, could be worth this? It must be something that its defenders consider supremely important.Guns – that’s what. Critics of the sickness which is America’s obsession with guns often focus their fire on the second amendment, or the perverse political influence of the National Rifle Association. But neither of these things really get to the root of the pathology. It’s true that gun-rights advocates rely on a surely mistaken reading of the constitution to justify arming themselves to the teeth. And it’s also true that the NRA is a malign force in American politics. But the constitution can be changed or reinterpreted, and special interest groups can be vanquished. What is at issue here is something more foundational, and more difficult to change: American culture itself.The gun is the great symbol, and poisonous offshoot, of American individualism. The country has long valorized masculine heroes – the cowboy, the frontiersman, the patriotic soldier – who impose their will on the community’s enemies with violence. It’s no coincidence that whenever a horrific mass shooting occurs, those in favor of guns respond by claiming that the solution to the guns of the bad guys is more guns in the hands of the good guys. Such reasoning responds to a deep-seated American historical myth, and allows the speaker to imagine themselves as the hero.But they are not heroes – far from it. Mass shooters may be, as the writer John Ganz put it, the “nightmare obverse” of the ideal of the lone frontiersman. But everyone else who defends their own right to possess a gun, who lauds guns as the bringers of peace and order, is guilty too. Their choices make society less safe, not more. The pleasure derived from guns, the sense of participation in America’s deepest myths about itself which they might foster, come at the expense of tens of thousands of lives a year. Sometimes, they are the lives of small children, innocent to the ways of a world which has allowed them to die.Men own guns at nearly twice the rate of women, and within all of this there is something deeply pathetic about the state of American manhood. American gun culture treats ownership of weapons of war as a sign of masculinity and virility, something that makes you more of a man. Almost anywhere else in the western world, a man seeking to demonstrate his masculinity in this way would be treated as an absurd and tragic poser. No doubt many gun owners tell themselves that they are better equipped to protect the innocent. But they are wrong. Rather, gun culture reveals the centrality of violence to American conceptions of manhood – a violence which ultimately harms rather than protects.If the problem is cultural, then what is the solution? There is no easy one. By now, the grooves of the debate are well-worn, and even a shocking event like the Uvalde massacre will not shake us out of it for long. Proposals to change the law or the constitution will be bitterly criticized, and gun-rights proponents will present the shooter as an anomaly who holds no lessons for “responsible” gun-owners. The supreme court is expected soon to loosen rather than tighten the law around carrying guns in public. Republicans will angrily decry attempts to “politicize” the massacre, as if the fact that innocent children are being brutally murdered due to the policies those very same Republicans support was not already a political issue of the highest order.But cultural change is not impossible. It has happened in recent decades on very important issues. America also contains within itself the will to self-improvement, and citizens who will give their all to achieve it. Sometimes it comes before political or legal change, and sometimes it comes after it. The only way to avoid despair is to see the struggle to protect innocent lives against the ravages of gun violence as a multi-generational struggle akin to that which won African Americans the right to vote, or that which won the right to gay marriage. Each of these required Americans in the grip of myths and pathologies to relinquish them, and each at one time seemed impossible. But change did eventually come.The path ahead will not be easy – and, as the supreme court’s expected ruling on Roe v Wade has shown, there will be setbacks along the way. Those who embody a pathological understanding of what America should be are currently ascendant, and there will be no easy victory over them. But despair would be surrender. That’s why for now there is the need to mourn the tiny lives which were extinguished. Remember them, and in doing so remember something else: America’s genius is that it can be changed, never quickly enough, but always in the end. It’s a slim hope to grasp onto in this moment of rage and sorrow, but it may be all that we have left.
      Andrew Gawthorpe is a historian of the United States and the host of the podcast America Explained
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      in US Politics

      The Great Stewardess Rebellion review: stirring read of and for a post-Roe world

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      The Great Stewardess Rebellion review: stirring study of what Roe v Wade helped vanquish As the supreme court attacks women’s rights, Nell McShane Wulfhart’s story of ‘a workplace revolution at 30,000ft’ is timely In 1966, when America was still in the throes of the Mad Men era, when men were men and women were their secretaries, Martha Griffiths, one of a handful of women in Congress, wrote to the senior vice-president of United Airlines.‘A PhD in my brother’: Valerie Biden Owens on the Joe she knowsRead moreShe asked: “What are you running, Mr Mason, an airline or a whorehouse?”Charles M Mason had declared that a stewardess who lingered on the job for more than three years without finding a husband was “the wrong kind of girl”.Mason’s comment described not just the devalued status of stewardesses in the 1960s but the reality of most working women at the time. Mason’s “wrong kind of girl” (these “girls” were usually college graduates) was a woman who might not want marriage and children to be her only occupation, or might need to work for a living.As Nell McShane Wulfhart writes in her astonishing exposé of their long struggle for respect and equality, flight attendants were pimped out as sexual objects whose role was to serve, charm and entice male customers. TWA, United, Delta and other airlines argued that their bottom line depended on hiring young, beautiful women and firing them if they got married or pregnant, turned 32 or, God forbid, put on some pounds. Airlines were in the business of selling sex along with tickets, a very profitable Playboy Club in the skies.This largely under-chronicled aspect of recent women’s history is a valuable reminder of how far women have come. Those were the days when women couldn’t get credit cards or sign leases without their husband’s permission, sexual harassment and firing pregnant women was legal, only 3% of lawyers and 7% of doctors were women, and women earned 40% less than men for the same jobs. Women may have achieved the right to vote in 1920 but they hadn’t made many more strides towards equality until the second-wave feminist movement lit the fire in the 1970s.The recent bombshell draft opinion by the supreme court justice Samuel Alito, which would reverse 49 years of a woman’s right to control her body and life, only makes The Great Stewardess Rebellion a more relevant and urgent read. As American women stand on the precipice of revisiting their pre-1973 second-class citizenship, Wulfhart provides a stark reminder of how dark those days really were.In 1965, as many as a million women interviewed for 10,000 positions as “sky girls”. A stewardess’s globetrotting life trumped the few other options available: secretary, nurse, teacher. Those who made the cut were shipped to the “charm farm”, a stewardess boarding school where candidates were taught how to comply with strict hair, makeup, nails and clothing regulations. False eyelashes and girdles, yes. Glasses, no. Skills like mastering airplane safety came a distant second to physical appearance.As important as looking good was being svelte. If a stewardess stood 5ft 5 she could weigh 129lb or less, with three-pound overage once a month during menses. At the charm farm, “girls” close to the weight limit were pulled out of class for random weigh-ins. On the job, a scale was placed in the operations room, with stewardesses required to weigh in in front of their mostly male colleagues. Company doctors prescribed diet pills and many patients got hooked on Black Beauties. If a stewardess made the mistake of getting pregnant, she would have to quit, find a way to get an illegal abortion, or take sick leave to give birth in secret. At least six stewardesses who were fired after they turned 32 killed themselves.And then there were the “uniforms”. At first, the style was proper: hats, gloves, knee-length skirt suits and heels. But in the latter half of the 60s, the sex-kitten look prevailed. In 1968, TWA launched the “Foreign Accent” campaign. Each plane had its own theme and costume: a gold minidress for France, a toga for Italy, a ruffled white blouse for Olde England. American Airlines required tartan miniskirts, matching vests and raccoon fur caps.Braniff introduced the “Air Strip”, where stewardesses would slowly shed their Pucci-designed uniforms over the course of the flight. Madison Avenue ad copy boasted: “When she brings you dinner, she’ll be dressed this way … After dinner, on those long flights, she’ll slip into something a little more comfortable … the Air Strip is brought to you by Braniff International, who believes that even an airline hostess should look like a girl.”When the Equal Employment Opportunity Commission opened, after the passage of Title VII of the 1964 Civil Rights Act, stewardesses were among its first customers. More than 100 gender discrimination complaints were filed by stewardesses in the EEOC’s first year and a half. The agency, set up primarily to battle race discrimination, did not take the stewardesses seriously at first. Nor did the unions, Congress or the courts, and it would be years until any semblance of real change could be wrenched out of the airlines.But when the women’s liberation movement erupted in 1970 it empowered stewardesses too. Mary Pat Laffey filed a class action discrimination suit against Northwest Airlines for violation of Title VII and the Equal Pay Act. Northwest appealed over and over but Laffey finally made history in 1984, when she won the largest monetary judgment in Title VII history: $63m in back pay.More importantly, the case forced other large corporations to settle EEOC cases and put affirmative action plans in place, paving the way for a workplace revolution. Laffey’s career lasted 42 years – enough time to witness the role of women in the workplace transform from servants and sexpots to partners and colleagues.Now we wait to see how far the supreme court will go to turn back the clock.
      The Great Stewardess Rebellion is published in the US by Doubleday
      Clara Bingham is the author of Witness to the Revolution: Radicals, Resisters, Vets, Hippies, and the Year America Lost its Mind and Found its Soul
      TopicsBooksFeminismWomenPolitics booksUS politicsAir transportUS constitution and civil libertiesreviewsReuse this content More

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      in Elections

      Marjorie Taylor Greene is qualified to run for re-election, Georgia official says

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      Marjorie Taylor Greene is qualified to run for re-election, Georgia official saysSecretary of state Brad Raffensperger accepts judge’s findings and says far-right congresswoman, a Trump ally, is eligible to run The Georgia secretary of state, Brad Raffensperger, has accepted a judge’s findings and said the far-right Republican congresswoman Marjorie Taylor Greene is qualified to run for re-election.Georgia sees first major test for a Republican defending democracy | The fight to voteRead moreA group of voters filed a challenge saying Greene should be barred under a seldom-invoked provision of the 14th amendment concerning insurrection, over her links to the January 6 attack on the US Capitol by supporters of Donald Trump.A state administrative law judge, Charles Beaudrot, last month held a hearing on the matter and found that Green was eligible. He sent his findings to Raffensperger, who was responsible for the final decision.It was an awkward position to be in for the secretary of state who drew the ire of Trump after he resisted pressure to overturn Joe Biden’s victory in Georgia.Greene has been a staunch Trump ally and has won his endorsement for her reelection bid while continuing to spread unproven claims about the 2020 election being “stolen”.Raffensperger has defended the integrity of the election in Georgia but is facing a tough primary challenge from a Trump-backed US congressman, Jody Hice.Beaudrot held a day-long hearing last month that included arguments from lawyers for the voters and for Greene and questioning of Greene herself.During the hearing, Ron Fein, a lawyer for the voters, noted that in a TV interview the day before the attack at the Capitol, Greene said the next day would be “our 1776 moment”.“In fact, it turned out to be an 1861 moment,” Fein said, alluding to the start of the civil war.Greene has become one of the GOP’s biggest fundraisers by stirring controversy and pushing baseless conspiracy theories. During the hearing, she was defiant and combative under oath.She repeated the unfounded claim that fraud led to Trump’s loss, said she didn’t recall incendiary statements and social media posts and denied supporting violence.While she acknowledged encouraging a rally to support Trump, she said she wasn’t aware of plans to storm the Capitol or to disrupt the electoral count using violence.Greene said she feared for her safety during the riot and used social media to encourage people to remain calm.Marjorie Taylor Greene accused of lying in hearing in Capitol attack caseRead moreThe challenge is based on a section of the 14th amendment that says no one can serve in Congress “who, having previously taken an oath, as a member of Congress … to support the constitution of the United States, shall have engaged in insurrection or rebellion against the same”.Ratified after the civil war, it was meant in part to keep out representatives who had fought for the Confederacy.James Bopp, a lawyer for Greene, argued that his client engaged in protected political speech and was herself a victim of the Capitol attack. He also argued the administrative law proceeding was not the appropriate forum to address such weighty allegations.The challenge amounted to an attempt “to deny the right to vote to the thousands of people living in the 14th district of Georgia by removing Greene from the ballot”, Bopp said.TopicsUS Capitol attackRepublicansGeorgiaUS politicsThe far rightUS CongressHouse of RepresentativesnewsReuse this content More

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      Trump ally Marjorie Taylor Greene can run for reelection, Georgia judge says

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      Marjorie Taylor Greene is qualified to run for re-election, Georgia official saysSecretary of state Brad Raffensperger accepts judge’s findings and says far-right congresswoman, a Trump ally, is eligible to run The Georgia secretary of state, Brad Raffensperger, has accepted a judge’s findings and said the far-right Republican congresswoman Marjorie Taylor Greene is qualified to run for re-election.Georgia sees first major test for a Republican defending democracy | The fight to voteRead moreA group of voters filed a challenge saying Greene should be barred under a seldom-invoked provision of the 14th amendment concerning insurrection, over her links to the January 6 attack on the US Capitol by supporters of Donald Trump.A state administrative law judge, Charles Beaudrot, last month held a hearing on the matter and found that Green was eligible. He sent his findings to Raffensperger, who was responsible for the final decision.It was an awkward position to be in for the secretary of state who drew the ire of Trump after he resisted pressure to overturn Joe Biden’s victory in Georgia.Greene has been a staunch Trump ally and has won his endorsement for her reelection bid while continuing to spread unproven claims about the 2020 election being “stolen”.Raffensperger has defended the integrity of the election in Georgia but is facing a tough primary challenge from a Trump-backed US congressman, Jody Hice.Beaudrot held a day-long hearing last month that included arguments from lawyers for the voters and for Greene and questioning of Greene herself.During the hearing, Ron Fein, a lawyer for the voters, noted that in a TV interview the day before the attack at the Capitol, Greene said the next day would be “our 1776 moment”.“In fact, it turned out to be an 1861 moment,” Fein said, alluding to the start of the civil war.Greene has become one of the GOP’s biggest fundraisers by stirring controversy and pushing baseless conspiracy theories. During the hearing, she was defiant and combative under oath.She repeated the unfounded claim that fraud led to Trump’s loss, said she didn’t recall incendiary statements and social media posts and denied supporting violence.While she acknowledged encouraging a rally to support Trump, she said she wasn’t aware of plans to storm the Capitol or to disrupt the electoral count using violence.Greene said she feared for her safety during the riot and used social media to encourage people to remain calm.Marjorie Taylor Greene accused of lying in hearing in Capitol attack caseRead moreThe challenge is based on a section of the 14th amendment that says no one can serve in Congress “who, having previously taken an oath, as a member of Congress … to support the constitution of the United States, shall have engaged in insurrection or rebellion against the same”.Ratified after the civil war, it was meant in part to keep out representatives who had fought for the Confederacy.James Bopp, a lawyer for Greene, argued that his client engaged in protected political speech and was herself a victim of the Capitol attack. He also argued the administrative law proceeding was not the appropriate forum to address such weighty allegations.The challenge amounted to an attempt “to deny the right to vote to the thousands of people living in the 14th district of Georgia by removing Greene from the ballot”, Bopp said.TopicsUS Capitol attackRepublicansGeorgiaUS politicsThe far rightUS CongressHouse of RepresentativesnewsReuse this content More

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      Overcoming Trumpery review: recipes for reform Republicans will never allow

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      Overcoming Trumpery review: recipes for reform Republicans will never allow The depth of Trump’s corruption is familiar but still astonishing when presented in the whole. Alas, his party shares itThe great abuses of power by Richard Nixon’s administration which are remembered collectively as Watergate had one tremendous benefit: they inspired a raft of legislation which significantly strengthened American democracy.The Presidency of Donald Trump review: the first draft of historyRead moreThis new book from the Brookings Institution, subtitled How to Restore Ethics, The Rule of Law and Democracy, recalls those far-away days of a functioning legislative process.The response to Watergate gave us real limits on individual contributions to candidates and political action committees (Federal Election Campaign Act); a truly independent Office of Special Counsel (Ethics in Government Act); inspector generals in every major agency (Inspector General Act); a vastly more effective freedom of information process; and a Sunshine Law which enshrined the novel notion that the government should be “the servant of the people” and “fully accountable to them”.Since then, a steadily more conservative supreme court has eviscerated all the most important campaign finance reforms, most disastrously in 2010 with Citizens United, and in 2013 destroyed the most effective parts of the Voting Rights Act. Congress let the special counsel law lapse, partly because of how Ken Starr abused it when he investigated Bill Clinton.The unraveling of Watergate reforms was one of many factors that set the stage for the most corrupt US government of modern times, that of Donald Trump.Even someone as inured as I am to Trump’s crimes can still be astonished when all the known abuses are catalogued in one volume. What the authors of this book identify as “The Seven Deadly Sins of Trumpery” include “Disdain for Ethics, Assault on the rule of law, Incessant lying and disinformation, Shamelessness” and, of course, “Pursuit of personal and political interest”.The book identifies Trump’s original sin as his refusal to put his businesses in a blind trust, which led to no less than 3,400 conflicts of interest. It didn’t help that the federal conflict of interests statute specifically exempts the president. Under the first president of modern times with no interest in “the legitimacy” or “the appearance of legitimacy of the presidency”, this left practically nothing off limits.The emoluments clause of the constitution forbids every government official accepting “any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State” but lacks any enforcement mechanism. So a shameless president could be paid off through his hotels by everyone from the Philippines to Kuwait while the Bank of China paid one Trump company an estimated $5.4m. (As a fig leaf, Trump gave the treasury $448,000 from profits made from foreign governments during two years of his presidency, but without any accounting.)Trump even got the federal government to pay him directly, by charging the secret service $32,400 for guest rooms for a visit to Mar-a-Lago plus $17,000 a month for a cottage at his New Jersey golf club.The US Office of Special Counsel catalogued dozens of violations of the Hatch Act, which prohibits political activity by federal officials. Miscreants included Peter Navarro, Dan Scavino, Nikki Haley and most persistently Kellyanne Conway. The OSC referred its findings to Trump, who of course did nothing. Conway was gleeful.“Let me know when the jail sentence starts,” she said.There was also the secretary of state, Mike Pompeo, addressing the Republican convention from a bluff overlooking Jerusalem during a mission to Israel. In a different category of corruption were the $43,000 soundproof phone booth the EPA administrator Scott Pruitt installed and the $1m the health secretary Tom Price spent on luxury travel. Those two actually resigned.The book is mostly focused on the four-year Trump crimewave. But it is bipartisan enough to spread the blame to Democrats for creating a climate in which no crime seemed too big to go un-prosecuted.Barack Obama’s strict ethics rules enforced by executive orders produced a nearly scandal-free administration. But Claire O Finkelstein and Richard W Painter argue that there was one scandal that established a terrible precedent: the decision not to prosecute anyone at the CIA for illegal torture carried out under George W Bush.This “failure of accountability” was “profoundly corrosive. The decision to ‘look forward, not back’ on torture … damaged the country’s ability to hold government officials to the constraints of the law”.However, the authors are probably a little too optimistic when they argue that a more vigorous stance might have made the Trump administration more eager to prosecute its own law breakers.The authors point out there are two things in the federal government which are even worse than the wholesale violation of ethical codes within the executive branch: the almost total absence of ethical codes within the congressional and judicial branches.The ethics manual for the House says it is “fundamental that a member … may not use his or her official position for personal gain”. But that is “virtually meaningless” became members can take actions on “industries in which they hold company stock”.Dignity in a Digital Age review: a congressman takes big tech to taskRead moreThe Senate exempts itself from ethical concerns with two brilliant words: no member can promote a piece of legislation whose “principal purpose” is “to further only his pecuniary interest”. So as long as legislation also has other purposes, personal profit is no impediment to passage.The authors argue that since the crimes of Watergate pale in comparison to the corruption of Trump, this should be the greatest opportunity for profound reform since the 1970s. But of course there is no chance of any such reform getting through this Congress, because Republicans have no interest in making government honest.Nothing tells us more about the collapse of our democracy than the primary concern of the House and Senate minority leaders, Kevin McCarthy and Mitch McConnell. Their only goal is to avoid any action that would offend the perpetrator or instigator of all these crimes. Instead of forcing him to resign the way Nixon did, these quivering men still pretend Donald Trump is the only man qualified to lead them.
      Overcoming Trumpery is published in the US by Brookings Institution Press
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      Attempt to bar Marjorie Taylor Greene from Congress can proceed, judge says

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      Attempt to bar Marjorie Taylor Greene from Congress can proceed, judge saysFederal judge cites ‘whirlpool of colliding constitutional interests’ in allowing 14th-amendment challenge to far-right Republican An attempt to bar the far-right Republican Marjorie Taylor Greene from Congress over her support for the January 6 attack can proceed, a federal judge said.‘Election integrity summits’ aim to fire up Trump activists over big lieRead moreCiting “a whirlpool of colliding constitutional interests of public import”, Amy Totenberg of the northern district of Georgia sent the case on to a state hearing on Friday.A coalition of liberal groups is behind the challenge, citing the 14th amendment to the US constitution, passed after the civil war.The amendment says: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”Supporters of Donald Trump attacked the US Capitol on 6 January 2021, seeking to stop certification of his defeat by Joe Biden. A bipartisan Senate committee connected seven deaths to the riot. About 800 people have been charged, some with seditious conspiracy.Trump was impeached for inciting an insurrection. Acquitted, he is free to run again.Organisers of events in Washington on January 6 have tied Greene to their efforts. Greene has denied such links and said she does not encourage violence.In October, however, she told a radio show: “January 6 was just a riot at the Capitol and if you think about what our Declaration of Independence says, it says to overthrow tyrants.”In the immediate aftermath of the Capitol attack, Greene was one of 147 Republicans in Congress who objected to results in battleground states, an effort inspired by Trump’s lies about electoral fraud.An effort to use the 14th amendment against Madison Cawthorn, an extremist from North Carolina, was unsuccessful, after a judge ruled an 1872 civil war amnesty law was not merely retroactive.In her ruling on Greene’s attempt to dismiss her challenge, on Monday, Totenberg said: “This case involves a whirlpool of colliding constitutional interests of public import. Upon a thorough analysis of each of the claims asserted in this case, the court concludes that [Greene] has not carried her burden of persuasion.”Even if a state judge rules against Greene, she could challenge the ruling. The Georgia primary is on 25 May, cutting time short. Greene seems likely to win re-election.Writing for the Guardian this month, the Georgetown University professor Thomas Zimmer said: “Greene’s position within the Republican party seems secure … in fact, Greene is the poster child of a rising group of rightwing radicals … [not] shy about their intention to purge whatever vestiges of ‘moderate’ conservatism might still exist within the Republican party.”Extremists like Marjorie Taylor Greene are the future of the Republican party | Thomas ZimmerRead moreOne of the groups behind the challenge to Greene is Free Speech for the People. In January, the group’s legal director, Ron Fein, told the Guardian the group aimed to set “a line that says that just as the framers of the 14th amendment wrote and intended, you can’t take an oath to support the constitution and then facilitate an insurrection against the United States while expecting to pursue public office”.On Monday, Fein said: “We look forward to asking Representative Greene about her involvement [in January 6] under oath.”Mike Rasbury, an activist with the Bernie Sanders-affiliated Our Revolution group and a plaintiff in the lawsuit against Greene, said he was “elated” by Totenberg’s ruling.Greene, Rasbury said, “took an oath of office to protect democracy from all enemies foreign and domestic, just as I did when I became a helicopter pilot for the US army in Vietnam. However, she has flippantly ignored this oath and, based on her role in the January 6 insurrection, is disqualified … from holding any future public office”.TopicsRepublicansThe far rightUS Capitol attackUS CongressHouse of RepresentativesUS politicsUS constitution and civil libertiesnewsReuse this content More