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      ‘It would be glorious’: hopes high for Biden to nominate first Black woman to supreme court

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      Joe Biden’s promise to nominate an African American woman to the supreme court for the first time holds broad symbolic significance for Darlene McDonald, an activist and police reform commissioner in Salt Lake City, Utah.But McDonald has specific reasons for wanting a Black woman on the court, too.When Chief Justice John Roberts asserted in 2013 that federal oversight of voting in certain southern states was no longer needed because “things have changed dramatically” since the civil rights era, McDonald said, he revealed a blindness to something African American women have no choice but to see.“I believe that if Chief Justice Roberts had really understood racism, he would never have voted to gut the Voting Rights Act,” McDonald said, adding that hundreds of voter suppression bills introduced by Republicans in recent months suggest things have not “changed dramatically” since 1965.“Myself, as an African American woman, having that representation on the supreme court will be huge,” McDonald said, “especially in the sense of having someone that really understands racism.”The gradual diversification of US leadership, away from the overwhelming preponderance of white men, towards a mix that increasingly reflects the populace, was accelerated by the election last November of Kamala Harris, a woman of color, as vice-president.Black women have been overlooked in terms of their values and what they have to bring to society as well as to the benchNow enthusiasm is building around a similarly historic leap that activists, academics and professionals expect is just around the corner: the arrival on the court of a justice who would personify one of the most historically marginalized groups.“Black women have been overlooked for decades and decades in terms of their values and what they have to bring to society as well as to the bench,” said Leslie Davis, chief executive of the National Association of Minority and Women Owned Law Firms. “We should be able to look at our highest court in the land and see the reflection of some of the folks who have made America great. And that absolutely includes Black women.”Out of 115 justices in its history, the supreme court has counted two African American justices, one Latina and just five women. The court has no vacant seats but calls are growing for Stephen Breyer, a liberal who turns 83 this year, to retire. Last month, White House press secretary Jen Psaki said Biden’s campaign commitment to nominating a Black woman “absolutely” holds.“This is a big moment in the making,” said Ben Jealous, president of People For the American Way, which recently launched the Her Fight Our Fight campaign to support and promote women of color in government and public service roles.“The presumption is that whomever Biden nominates, the first Black woman to the supreme court would be filling both the shoes of Ruth Bader Ginsburg and Thurgood Marshall,” said Jealous.The late Ginsburg, a pioneering lawyer for women’s rights, was succeeded last fall by the conservative justice Amy Coney Barrett. Marshall was succeeded in 1991 by the George HW Bush appointee Clarence Thomas, who “is anathema to everything that the civil rights community stands for”, Jealous said.“It would be both glorious and a relief to have a Black woman on the supreme court who actually represents the values of the civil rights community, and the most transformative lawyers in our nation’s history.”Tomiko Brown-Nagin, a civil rights historian, dean of the Harvard Radcliffe Institute and professor of constitutional law, said having qualified federal judges who “reflect the broad makeup of the American public” would strengthen democracy and faith in the courts.“It’s an important historical moment that signifies equal opportunity,” Brown-Nagin said. “That anyone who is qualified has the chance to be considered for nomination, notwithstanding race, notwithstanding gender. That is where we are. In some ways, we shouldn’t be congratulating ourselves, right?”Brown-Nagin pointed out that a campaign was advanced in the 1960s to nominate Constance Baker Motley, the first Black woman to sit as a federal judge, but some Democratic allies of President Lyndon Johnson opposed such a nomination because they saw it as too politically risky.“This moment could have happened 50 years ago,” Brown-Nagin said.Daniel L Goldberg, legal director of the progressive Alliance For Justice, said to call the moment “overdue” did not capture it.“It is stunning that in the entire history of the republic, that no African American woman has sat on the highest court in the country,” Goldberg said. “For way too long in our nation’s history, the only people who were considered suitable and qualified for the court happened to be white males.”The first Black woman supreme court justice is likely to be nominated at a time when a renewed push for racial justice brings renewed focus on the court, which has played a key role in enforcing desegregation and reinforcing anti-discrimination laws.I would like to see someone like Sherrilyn Ifill or Lia Epperson – a woman who comes out of Thurgood Marshall’s old law firmThe killing of Daunte Wright, a 20-year-old Black man, by a white police officer outside Minneapolis last weekend during the murder trial of former police officer Derek Chauvin has sharpened cries for a national answer to serial injustice at the local level – precisely the kind of conflict that typically lands before the supreme court.“As we sit here today, and watch the trial of Derek Chauvin’s murder of George Floyd, that precipitated a summer of protests for the lives of Black people to matter – it feels that it is time for there to be a Black woman on the supreme court, because of the moment that we are in right now,” said McDonald, the Utah activist.Davis said it was “imperative” the country make strides toward racial justice after the invasion of the Capitol in January by white supremacists intent on overturning the 2020 presidential election, goaded on by a former president.“That shows that there are folks who are intentional about not seeing diversity, equity and inclusion thrive,” Davis said. “Now is the time for us as a country to recognize that until we value the voices of everyone, including Black women, we are silencing a very important part of the fabric of America.”‘A significant pool’The percentage of Black women who are federal judges – a common stepping-stone to a high court nomination – is extraordinarily small.According to the federal judicial center, the US circuit courts count only five African American women among sitting judges out of 179. There are 42 African American women judges at the district court level, out of 677.Those numbers are partly owing to Republican obstruction of Black women nominated by Barack Obama, including former seventh circuit nominee Myra Selby. She was denied a hearing in the Senate for the entirety of 2016 – a year later Republicans filled the seat with Donald Trump’s nominee: Amy Coney Barrett.“There is a significant pool of lawyers, law professors, public officials who would be viable nominees for the federal courts,” said Brown-Nagin. “The problem is not the pool.”Last month, Brown-Nagin co-signed a letter to the Senate judiciary committee supporting the nomination of district court Judge Ketanji Brown Jackson to the court of appeals for the DC district, sometimes informally referred to as the second-highest court in the land.“Her resumé virtually screams that she is an ideal nominee for an appellate court or even the supreme court, and that is because she has the combination of educational and professional experience on the federal courts that feasibly fits the mold of typical supreme court nominees,” Brown-Nagin said.“I would say it goes beyond what we’ve seen, frankly, in recent nominees to the court.”Jealous, a former president of the National Association for the Advancement of Colored People (NAACP), said he would like to see a nominee “who cut their teeth defending the people, not corporations”.“I would like to see someone like Sherrilyn Ifill or Lia Epperson – a woman who comes out of Thurgood Marshall’s old law firm, the NAACP legal defense fund, with a courageous commitment to defending the rights of all Americans,” he said.McDonald said having a Black woman on the supreme court would mean American history had “come full circle”.“I feel in my heart that it’s time,” she said. “Everything takes its time. And everything happens at its time. I was raised in a church, so I’m just going to say it like that.” More

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      Existential challenges from China, climate and more demand new US industrial policy | Robert Reich

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      America is about to revive an idea that was left for dead decades ago. It’s called industrial policy and it’s at the heart of Joe Biden’s plans to restructure the US economy.When industrial policy was last debated, in the 1980s, critics recoiled from government “picking winners”. But times have changed. Devastating climate change, a deadly pandemic and the rise of China as a technological powerhouse require an active government pushing the private sector to achieve public purposes.The dirty little secret is that the US already has an industrial policy, but one that’s focused on pumping up profits with industry-specific subsidies, tax loopholes and credits, bailouts and tariffs. The practical choice isn’t whether to have an industrial policy but whether it meets society’s needs or those of politically powerful industries.Consider energy. The fossil fuel industry has accumulated “billions of dollars in subsidies, loopholes and special foreign tax credits”, in Biden’s words. He intends to eliminate these and shift to non-carbon energy by strengthening the nation’s electrical grid, creating a new “clean electricity standard” that will force utilities to end carbon emissions by 2035 and providing research support and tax credits for clean energy.It’s a sensible 180-degree shift of industrial policy.A proper industrial policy requires that industries receiving public benefits act in the public interestThe old industrial policy for the automobile industry consisted largely of bailouts – of Chrysler in 1979 and General Motors and Chrysler in 2008.Biden intends to shift away from gas-powered cars entirely and invest $174bn in companies making electric vehicles. He’ll also create 500,000 new charging stations.This also makes sense. Notwithstanding the success of Tesla, which received $2.44bn in government subsidies before becoming profitable, the switch to electric vehicles still needs pump priming.Internet service providers have been subsidized by the states and the federal government and federal regulators have allowed them to consolidate into a few giants. But they’ve dragged their feet on upgrading copper networks with fiber, some 30 million Americans still lack access to high-speed broadband, and the US has among the world’s highest prices for internet service.Biden intends to invest $100bn to extend high-speed broadband coverage. He also threatens to “hold providers accountable” for their sky-high prices – suggesting either price controls or antitrust enforcement.I hope he follows through. A proper industrial policy requires that industries receiving public benefits act in the public interest.The pharmaceutical industry exemplifies the old industrial policy at its worst. Big pharma’s basic research has been subsidized through the National Institutes of Health. Medicare, Medicaid and the Affordable Care Act bankroll much of its production costs. The industry has barred Americans from buying drugs from abroad. Yet Americans pay among the highest drug prices in the world.Biden intends to invest an additional $30bn to reduce the risk of future pandemics – replenishing the national stockpile of vaccines and therapeutics, accelerating the timeline for drug development and boosting domestic production of pharmaceutical ingredients currently made overseas.That’s a good start but he must insist on a more basic and long-overdue quid pro quo from big pharma: allow government to use its bargaining power to restrain drug prices.A case in point: the US government paid in advance for hundreds of millions of doses of multiple Covid-19 vaccines. The appropriate quid pro quo here is to temporarily waive patents so manufacturers around the world can quickly ramp up. Americans can’t be safe until most of the rest of the world is inoculated.Some of Biden’s emerging industrial policy is coming in response to China. Last week’s annual intelligence report from the Office of the Director of National Intelligence warns that Beijing threatens American leadership in an array of emerging technologies.Expect more subsidies for supercomputers, advanced semiconductors, artificial intelligence and other technologies linked to national security. These are likely to be embedded in Biden’s whopping $715bn defense budget – larger even than Trump’s last defense budget.Here again, it’s old industrial policy versus new. The new should focus on cutting-edge breakthroughs and not be frittered away on pointless projects like the F35 fighter jet. And it should meet human needs rather than add to an overstuffed arsenal.Biden’s restructuring of the American economy is necessary. America’s old industrial policy was stifling innovation and gouging taxpayers and consumers. The challenges ahead demand a very different economy.But Biden’s new industrial policy must avoid capture by the industries that dominated the old. He needs to be clear about its aims and the expected response from the private sector, and to reframe the debate so it’s not whether government should “pick winners” but what kind industrial policy will help the US and much of the world win. More

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      Are US corporations really taking a stand for voting rights?

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      Despite a wave of public statements by corporations opposing legislation that would make it harder for people to vote, election reform advocates doubt American capitalism is really coming to the rescue of American democracy.Activists are welcoming corporate involvement in the fight against bills introduced by Republicans in state legislatures across the US to erect barriers to voting that disproportionately affect people of color and other groups that often vote Democratic.Hundreds of companies and business leaders lent their names this week to a two-page ad declaring “we must ensure the right to vote for all of us”, published in the country’s biggest papers.But past corporate interventions in social justice campaigns, including statements of solidarity with Black Lives Matter protesters last summer, did not go far beyond words, activists say.The pursuit of lower taxes and lax regulations, meanwhile, has led corporations to continuously finance the Republican party’s most corrosive projects, from voter suppression to the takeover of the judiciary to the big election lie that led to the sacking of the Capitol in January, they say.“Of course we welcome corporate support against outrageous voter suppression efforts by GOP state legislatures that make it harder for voters, particularly from communities of color and other historically marginalized communities, to vote,” said Ben Jealous, president of People For the American Way.It does feel, on this one, that some of these companies are getting out ahead of a potential boycott from consumers“That reaction is no doubt driven by their fears of losing business from their customers in the midst of heated public anger over such aggressive and targeted voter suppression, and we hope they will put their money where their mouth is and take real action to stop such proposals.”Thenewspaper ad was organized by two African American business leaders – Kenneth Frazier, chief executive of Merck, and Kenneth Chenault, former head of American Express – who have said such bills are racially discriminatory, even as Republicans insist election security is their deepest concern.The corporate decision to speak out created a rare moment of discombobulation for the Senate minority leader, Mitch McConnell, who warned chief executives to “stay out of politics” before clarifying a day later, with no hint of self-consciousness: “I’m not talking about political contributions.”But the surface friction between McConnell and his erstwhile patrons belies the mildness of most corporate criticism of anti-voter laws and obscures companies’ ambivalence when it comes to taking a stand on voting rights, activists said.Large Georgia-based companies including AT&T, Delta Airlines and Coca-Cola did not voice concerns last month about legislation to restrict voting in the state until they came under public pressure. Their eventual statements were measured.“We are working together with other businesses through groups like the Business Roundtable to support efforts to enhance every person’s ability to vote,” said AT&T’s chief executive, John Stankey. “In this way, the right knowledge and expertise can be applied to make a difference on this fundamental and critical issue.”The same three companies declined to sign the ad published in the New York Times and Washington Post last week, referring media to their statements about Georgia, though similar high-profile clashes are playing out in Michigan, Arizona, Texas and elsewhere.Walmart declined to sign the ad, with its chief executive, Doug McMillon, who chairs the Business Roundtable, telling employees: “We are not in the business of partisan politics.”Walmart’s reticence was spotlighted by LaTosha Brown and Cliff Albright, co-founders of Black Voters Matter, in a statement that praised the newspaper ad as a “righteous decision to stand up to racism, disenfranchisement, and voter suppression” and criticized those who did not sign.“They – and all of these other companies – continue to issue misleading statements that create a false equivalency between securing elections and attacking voting rights,” Black Voters Matter said. “These corporations are pandering to a big lie that is being used to justify voter suppression. That’s partisan.”Michael Serazio, a professor of communications at Boston College, said corporations appeared to be taking a “proactive” approach on voting rights to protect their bottom lines.“It does feel, on this one, that some of these companies are getting out ahead of a potential boycott from consumers, before the boycott around the laws was going to kick off,” Serazio said.Corporations increasingly feel pressure from consumers and in some cases employees on social and political issues, Serazio said.“Without question, the broader trend over the last decade has been corporations responding to a perceived or real sense that consumers want them to take a stand on political issues that they wouldn’t have done before.”But corporations simultaneously shovel money into the coffers of the very politicians who engineer the policies the companies claim to detest.A report this month by Public Citizen, a government watchdog, found corporations had given more than $50m in campaign donations in recent years to legislators who advanced anti-voter laws and promoted Donald Trump’s big election lie.Josh Silver, director of Represent.us, a non-partisan elections reform group, said corporations have “an extraordinarily important role” to play in the struggle over voting rights and there was “cause for hope”.“But it’s also practical for them,” Silver said. “They have to choose whether to side with an increasingly authoritarian [Republican party], or the majority of their workers and their consumers.“This is not just altruism.” More

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      Clyburn offers Manchin history lesson to clear Senate path for Biden reforms

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      Jim Clyburn, the House majority whip, said on Sunday he intends to give Joe Manchin a lesson in US history as he attempts to clear a path for Joe Biden on voting rights and infrastructure.Manchin, a moderate Democratic senator from West Virginia, has emerged as a significant obstacle to the president’s ambitious proposals by insisting he will not vote to reform or end the Senate filibuster, which demands a super-majority for legislation to pass, to allow key measures passage through the 50-50 chamber on a simple majority basis.His stance has drawn praise from Republicans: Mitch McConnell, the Senate minority leader, hailed Manchin as the politician “almost singlehandedly preserving the Senate”.But Democrats appear to be losing patience – and none more vociferously than Clyburn.“I’m going to remind the senator exactly why the Senate came into being,” Clyburn, from South Carolina, told CNN’s State of the Union, refreshing criticism of Manchin that has included saying he feels “insulted” by his refusal to fully embrace voting rights reform.“The Senate was not always an elective office. The moment we changed and made it an elective office [was because] the people thought a change needed to be made.“The same thing goes for the filibuster. The filibuster was put in place to extend debate and give time to bring people around to a point of view. The filibuster was never put in place to suppress voters … It was there to make sure that minorities in this country have constitutional rights and not be denied.”Clyburn has assailed Manchin for promoting a bipartisan approach to voting rights and refusing to endorse the For the People Act, a measure passed by the US House and intended to counter restrictive voting laws targeting minorities proposed by Republicans in 47 states and passed in Georgia last month.“You’re going to say it’s more important for you to protect 50 Republicans in the Senate than for you to protect your fellow Democrat’s seat in Georgia? That’s a bunch of crap,” Clyburn told Huffpost this month, referring to Senator Raphael Warnock’s 2022 re-election battle that supporters feel has become much harder due to the new voting laws.On Sunday Clyburn also reached into history to repeat his contention that the Georgia law is “the new Jim Crow”, a claim repeated by Biden but which Republicans say is unfair.“When we first started determining who was eligible to vote and who was not,” Clyburn said, “they were property owners. They knew that people of colour, people coming out of slavery did not own property.“…And then they went from that to having disqualifiers. And they picked those offences that were more apt to be committed by people of colour to disqualify voters.“The whole history in the south of putting together those who are eligible to vote is based upon the practices and the experiences of people based upon their race. So, I would say to anybody, ‘Come on, just look at the history … and you will know that what is taking place today is a new Jim Crow. It’s just that simple.”Despite the urging of Clyburn and others, Manchin remains steadfast in his belief bipartisanship is Biden’s best path to implementing his agenda. In a CNN interview last week, the senator said the 6 January insurrection at the US Capitol “changed me”, and said he wanted to use his power as a swing vote in the 50-50 Senate “to make a difference” by working with Republicans and Democrats.“Something told me, ‘Wait a minute. Pause. Hit the pause button.’ Something’s wrong. You can’t have this many people split to where they want to go to war with each other,” he said, of watching a riot mounted by supporters of Donald Trump seeking to overturn his election defeat on the grounds it was caused by voter fraud – a lie without legal standing.Manchin said he had a good relationship with the White House and wanted to meet Warnock and Georgia’s other Democratic senator, Jon Ossoff, to discuss voting rights.On Sunday, Clyburn said the riot also had “a tremendous effect” on him.“When I saw that Capitol policeman complain about how many times he was called the N-word by those people, who were insurrectionists out there, when I see [the civil rights leader] John Lewis’s photo torn to pieces and scattered on the floor, that told me everything I need to know about those insurrectionists, and I will remind anybody who reflects on 6 January to think about these issues as well,” he said.Clyburn was among the first major figures to endorse Biden last year, helping nurse him through bleak times after rejections in early primaries.The congressman has Biden’s ear and in an interview with the Guardian in December promised to keep pressure on his friend to fulfill a promise in his victory speech directed to African Americans: “They always have my back, and I’ll have yours.”“I think he will,” Clyburn said. “I’m certainly going to work hard to make sure that he remembers that he said it.” More

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      National debt: critics cry hypocrisy as Republicans oppose Biden spending

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      The response was as uniform as it was predictable.When Joe Biden unveiled an audacious $1.9tn coronavirus relief package, Senator Rick Scott of Florida warned: “I think one thing the Biden administration really has to focus on is the risk of what all this debt is going to do to us.”When the president followed up with $2tn for infrastructure, Mitch McConnell, the Senate minority leader, made clear his opposition: “If it’s going to have massive tax increases and trillions more added to the national debt, it’s not likely.”Republicans are beating the drum of small government and fiscal responsibility. Critics say they are only doing so because Democrats control the purse strings. They argue that past Republican administrations have shown little regard for the spiralling national debt.The charge of hypocrisy could hamper efforts to stall or pare down Biden’s ambitions. After Donald Trump’s cavalier spending, and tax cuts for the rich, the GOP faces a battle for credibility.“Republicans spent the better part of the Obama presidency talking about ‘tax and spend liberals’ and ‘living within our means’ and balancing budgets and debt and deficits and then, as soon as they got the reins of power, all of that went out the window and they spent money like drunken sailors,” said Kurt Bardella, a former Republican aide, now a Democrat.“…They spent it on the rich, on the wealthy, on corporate interests. The hypocrisy of the Republican party when it comes to spending and deficits is just another example of how almost every facet of traditional conservatism has been abandoned during this Trump era … if Donald Trump released the same plan Joe Biden did, they would be all for it.”Republicans talk a good game on debt but their record tells a different story. Ronald Reagan, worshipped by many as the patron saint of “responsible” spending, left office having almost tripled the national debt and having cut taxes for the rich. George W Bush doubled the debt with military spending after 9/11 – and more tax cuts.In 2016, Trump promised to eliminate the debt within eight years. It was then about $20tn. By October 2020 it had reached $27tn – up almost 36% – thanks in large part to more tax cuts for the rich.This reality, combined with Biden’s plans, has stirred debate over whether the national debt actually matters. Experts disagree over how much debt is too much. Last year the debt exceeded GDP, but interest rates remain low.Janet Yellen, the treasury secretary, is most concerned about the need to stimulate recovery. She told Congress: “Right now, short-term, I feel we can afford what it takes to get the economy back on its feet, to get us through the pandemic, and to relieve the burdens that it is placing on households and small businesses.”Gus Faucher, chief economist at PNC Bank, agrees.“We have been through an unprecedented crisis, it makes sense that we would spend heavily to get out of it and the interest costs are so low right now it makes sense to spend heavily now so that we can return to normal,” he said.The debt does need to be addressed, he said, and hopefully better economic activity will bring it down: “We still need to figure out how to pay for the retirement of the baby boomers over the longer run but that’s a longer issue.”If rates move up quickly or if financial markets grow concerned about ability to pay back the debt “that would be a big concern”, Faucher added. “But I don’t see that on the horizon. I don’t think it’s a crisis right now.”For Maya MacGuineas, president of the non-partisan Committee for a Responsible Federal Budget, the national debt is a crisis waiting to happen.“Our debt is the highest it has been relative to the economy since the second world war and it is about to be the highest it has been ever,” she said. “It’s growing faster than the economy, that’s the definition of unsustainable.”That leaves the US “dangerously vulnerable” to economic and geopolitical challenges, she added, arguing that spending is not the problem so much as how borrowing is paid for. Washington has increasingly attempted to enact an agenda that is not paid for. Biden’s infrastructure plan is an exception, said MacGuineas, with a plan to pay in part by increasing corporate taxes.But too often the politics of borrowing are “dangerously shortsighted and there is always a political justification not to deal with it because paying for your priorities is much harder than pretending they pay for themselves”.The situation has been exacerbated by polarization that has left Washington “unable to do anything hard … the hypocrisy during the Trump era, where we massively grew the debt, massively grew spending and refused to deal with social security and Medicare challenges, was truly problematic.“Both sides see it so differently and they need to talk to each other. Republicans keep putting in irresponsible tax cuts pretending that they will pay for themselves, which they won’t. On the Democrat side there is a denial that we have a number of programs that are growing faster than the overall economy … for seniors, retirement and healthcare. There is an unwillingness to even acknowledge that those programs have to be fixed.”It is a situation that is unlikely to change in an era when “bipartisan” is a dirty word. “They have completely different stories they tell themselves,” she said.Biden has insisted he is open to talks on infrastructure and will meet Democrats and Republicans. But if Republicans attempt to play the national debt card, they are likely to be given short shrift.Larry Sabato, director of the Center for Politics at the University of Virginia, said: “Nobody even takes it seriously. When I see it, and I think there are millions of people like me, I just laugh. Do they really think our memories are that short?” More

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      ‘Putin-style democracy’: how Republicans gerrymander the map

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      Republicans believe they have a great chance to win control of the US House of Representatives in 2022, needing a swing of about six seats to depose Nancy Pelosi as speaker and derail Joe Biden’s agenda.To help themselves over the top, they are advancing voter suppression laws in almost every state, hoping to minimize Democratic turnout.But Republicans are also preparing another, arguably more powerful tool, which experts believe could let them take control of the House without winning a single vote beyond their 2020 tally, or for that matter blocking a single Democratic voter.That tool is redistricting – the redrawing of congressional boundaries, undertaken once every 10 years – and Republicans have unilateral control of it in a critical number of states.“Public sentiment in 2020 favored Democrats, and Democrats retained control of the House of Representatives,” said Samuel Wang, a professor of neuroscience and director of the Princeton gerrymandering project. “[But] because of reapportionment and redistricting, those factors would be enough to cause a change in control of the House even if public opinion were not to change at all.”While redistricting gives politicians in some states the opportunity to redraw political boundaries, reapportionment means there are more districts to play with. After each US census, each of the 50 states is awarded a share of the 435 House seats based on population. States gain or lose seats in the process.The threat of extreme gerrymandering is more acute today than it has ever beenOwing to population growth, Republican states including Texas, Florida and North Carolina are expected to gain seats before 2022, although the breakdown has not been finalized, with the 2020 census delayed by the coronavirus pandemic.Republican-controlled legislatures will have the power to wedge the new districts almost wherever they see fit, with a freedom they would not have enjoyed only 10 years ago, owing to a pair of controversial supreme court rulings.“The threat of extreme gerrymandering is more acute today than it has ever been because of the combination of an abandonment of oversight by the courts and the Department of Justice, combined with new supercomputing powers,” said Josh Silver, director of Represent.us. The non-partisan group issued a report this month warning that dozens of states “have an extreme or high threat of having their election districts rigged for the next decade”.“Frankly,” Silver said, “what we’re seeing around gerrymandering by the authoritarian wing of the Republican party is part of the Putin-style managed democracy they are promoting – that combination of voter suppression and gerrymandering.”Rules for who controls redistricting vary from state to state. The process can involve state legislatures acting alone, governors or independent commissions. Maps are meant to stand for 10 years, although they are subject to legal challenges that can result in their being thrown out.The new Republican gerrymandering efforts are expected to focus on urban areas in southern states that are home to a disproportionate number of voters of color – meaning those voters are more likely to be disenfranchised.In Texas, mapmakers could try to add districts to the growing population centers of Houston and Dallas-Fort Worth without increasing representation of the minority and Democratic voters who account for that growth. In Florida they might add Republican voters to a growing Democratic district north of Orlando. In North Carolina, where the Democratic governor is shut out of the process, Republican mapmakers might seek to add a district in the Democratic-leaning Research Triangle, in a way that elects more Republicans.Republicans could also seek to repay voters of colors in Atlanta who boosted Biden to victory and drove the defeat of two Republican senators in special elections in Georgia in January, by cracking and packing those voters into new districts.“Republicans could net pick up one seat by rearranging the lines around Black people and other Democrats in the Atlanta area,” Wang said.Racial gerrymandering – or using race as the central criterion for drawing district lines, as opposed to party identification or some other signifier – remains vulnerable to federal court challenges, unlike gerrymandering along partisan lines, which was declared “beyond the reach of the federal courts” by the supreme court chief justice, John Roberts, in 2019.A separate decision by Roberts’s court, in Shelby County v Holder from 2013, is seen as adding to the likelihood of gerrymandering. The ruling released counties with acute histories of racial discrimination against voters from federal oversight imposed by the 1965 Voting Rights Act. That means that in 2021, some southern legislators will draw district boundaries without such oversight for the first time in 50 years.‘Much more national awareness’Potential legal challenges aside, the success of Republican mapmakers is not a given. Turnout in future elections – higher or lower – could foil expectations based on historic patterns. The partisan mix of voters in any district can change unpredictably. And stretching a map to wring out an extra seat could leave incumbents vulnerable.Public awareness of such anti-democratic efforts has grown, said Wang, since a 2010 Republican effort called Redmap harvested dozens of “extra” seats.“There’s much more national awareness of gerrymandering,” Wang said. “And citizen groups are now much more in the mix than they were 10 years ago.”Silver said the gerrymandering threat has redoubled the urgency of advancing voting rights legislation that passed the US House but has stalled in the Senate.“This is why we have to pass the For the People Act, which is federal legislation that with one pen stroke by the president would create independent commissions in all 50 states, end voter suppression and restore representative democracy in the United States,” he said.“We have to stop gerrymandering, or there will be no representative democracy in America, period – only preordained and symbolic election results.” More

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      The Observer view on Joe Biden’s audacious spending plans | Observer editorial

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      The dramatic scale and ambition of Joe Biden’s public spending and tax plans came into sharper focus last week. The emerging picture is breathtaking. As expected, the US president aims to repair the damage done by the pandemic. But huge, longer-term investments in jobs, education and clean energy, and his new insistence on the social responsibilities of big business, point to something far more momentous: a watershed in American economic policymaking.Comparisons abound with Franklin D Roosevelt’s 1930s New Deal. Progressive politicians hail an end to the post-2008 age of austerity. Neoliberalism’s divisive grip is at last being broken; free market dogmas are in retreat, they say. Biden is re-legitimising the power of government and the state to equally serve the interests of all its citizens. This revolution, it is claimed, will dent populism’s appeal and may save democracy itself. Such optimism is rare in contemporary politics and is not to be discouraged. The prospect that a leader – any leader – can and will achieve a decisive change for the better in ordinary people’s lives is almost a novel idea these days. The absence of such hope and trust accounts for much that has gone wrong within western democracies in recent years. It has encouraged political extremism and the rise, beyond Europe, of authoritarian regimes.Yet Biden has set himself an enormous task, or series of tasks, which he knows will prove difficult to fulfil. Take, for example, his plan for a global minimum corporate tax rate of 21% that could raise an extra $300bn annually for governments around the world. Setting such a minimum would help curb tax avoidance and profit-shifting, especially by multinationals, and potentially end the controversies over rival national digital taxes.This bold idea has the backing of tax-fairness campaigners and European members of the G20 group of finance ministers. But it is already under attack from corporate lobbyists and Republicans in Washington, who claim it would place American companies at a competitive disadvantage. Countries such as Ireland that benefit from the current system may also object. As with any proposal that requires global adherence, China’s attitude will be crucial.Reversing normal practice, he ran from the centre, yet now he governs from the leftBiden already has one big win under his belt: the $1.9tn Covid recovery stimulus bill passed by Congress last month. This package by itself is mould-breaking, by recent American standards, in facilitating a vast expansion of the country’s social safety net. It extends federal benefits, allocates funds to tackle child poverty and provides help for states, tribal governments and small businesses damaged by the pandemic.Hot on the heels of that landmark success comes his $2.3tn initiative for a longer-term boost for the economy, by creating jobs and repairing and upgrading roads and other infrastructure. Biden calls it a “once in a generation investment in America”. He says the plan will address climate change and pollution through a systemic shift to cleaner energy sources. Beating the climate crisis will henceforth be a “whole of government” endeavour.Yet more plans are in the offing, including substantial new federal spending on healthcare and early years education, and investment in green technologies and scientific research. Some of these proposals were contained in last week’s 2022 federal budget outline. If agreed – and that’s a big “if” – they represent a whopping 16% overall rise in discretionary government spending.And the huge investments required will be paid for from two sources – borrowing and higher taxes on the wealthy. Biden argues these and other programmes are essential to reverse a decade of underinvestment in American society. That’s a criticism of Donald Trump, who consistently tried to slash federal spending, but also of Biden’s cautious old boss, Barack Obama, whose record he has begun to eclipse. Republicans, predictably, are opposed, complaining, for example, that military spending is neglected.Yet like many Americans right across the political spectrum, they appear dumbstruck by Biden’s sheer audacity. Over a long career, he was many things but never a radical. Reversing normal practice, he ran from the centre, yet now he governs from the left. Perhaps, at 78, he feels he has little to lose and the nation much to gain. Biden is a man in a hurry and spurring him is not only an older man’s zeal but a crude calculation. The Democrats’ majority in Congress is wafer-thin and the 2022 midterms loom.If Biden pulls off only half of what he plans, it will be a remarkable achievement. Whatever happens, he has already changed the conversation. Economically, the essential, leading role of the state has been forcefully reasserted. This holds true for the US, and also for Britain and Europe, in the transformative age of Covid. Politically, Biden is in the process of demonstrating that liberal democracies, when ably led, can both reform themselves and outperform authoritarian regimes.Positive US global leadership, based on revived prosperity and multilateralism, is returning. More than Trump ever did, Biden is making America great again. Yet even as they cheer him and urge even grander feats, those on the British left, in particular, should take careful note. If you want to “do a Biden” and enact great change, you must first forge alliances and win an election. More

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      Republican ‘attacks’ on corporations over voting rights bills are a hypocritical sham | Robert Reich

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      For four decades, the basic deal between big American corporations and politicians has been simple. Corporations provide campaign funds. Politicians reciprocate by lowering corporate taxes and doing whatever else corporations need to boost profits.The deal has proven beneficial to both sides, although not to the American public. Campaign spending has soared while corporate taxes have shriveled.In the 1950s, corporations accounted for about 40% of federal revenue. Today, they contribute a meager 7%. Last year, more than 50 of the largest US companies paid no federal income taxes at all. Many haven’t paid taxes for years.Both parties have been in on this deal although the GOP has been the bigger player. Yet since Donald Trump issued his big lie about the fraudulence of the 2020 election, corporate America has had a few qualms about the GOP.After the storming of the Capitol, dozens of giant corporations said they would no longer donate to the 147 Republican members of Congress who objected to the certification of Biden electors on the basis of the big lie.Then came the GOP’s wave of restrictive state voting laws, premised on the same big lie. Georgia’s are among the most egregious. The chief executive of Coca-Cola, headquartered in the peach tree state, calls those laws “wrong” and “a step backward”. The chief executive of Delta Airlines, Georgia’s largest employer, says they’re “unacceptable”. Major League Baseball decided to take its annual All-Star Game away from the home of the Atlanta Braves.The basic deal between the GOP and corporate America is still very much aliveThese criticisms have unleashed a rare firestorm of anti-corporate Republican indignation. The Senate minority leader, Mitch McConnell, warns corporations of unspecified “serious consequences” for speaking out. Republicans are moving to revoke MLB’s antitrust status. Georgia Republicans threaten to punish Delta by repealing a state tax credit for jet fuel.“Why are we still listening to these woke corporate hypocrites on taxes, regulations and antitrust?” asks the Florida senator Marco Rubio.Why? For the same reason Willie Sutton gave when asked why he robbed banks: that’s where the money is.McConnell told reporters corporations should “stay out of politics” but then qualified his remark: “I’m not talking about political contributions.” Of course not. Republicans have long championed “corporate speech” when it comes in the form of campaign cash – just not as criticism.Talk about hypocrisy. McConnell was the top recipient of corporate money in the 2020 election cycle and has a long history of battling attempts to limit it. In 2010, he hailed the supreme court’s Citizens United ruling, which struck down limits on corporate political donations, on the dubious grounds that corporations are “people” under the first amendment to the constitution.“For too long, some in this country have been deprived of full participation in the political process,” McConnell said at the time. Hint: he wasn’t referring to poor Black people.It’s hypocrisy squared. The growing tsunami of corporate campaign money suppresses votes indirectly by drowning out all other voices. Republicans are in the grotesque position of calling on corporations to continue bribing politicians as long as they don’t criticize Republicans for suppressing votes directly.The hypocrisy flows in the other direction as well. The Delta chief criticized the GOP’s voter suppression in Georgia but the company continues to bankroll Republicans. Its Pac contributed $1,725,956 in the 2020 election, more than $1m of which went to federal candidates, mostly Republicans. Oh, and Delta hasn’t paid federal taxes for years.Don’t let the spat fool you. The basic deal between the GOP and corporate America is still very much alive.Which is why, despite record-low corporate taxes, congressional Republicans are feigning outrage at Joe Biden’s plan to have corporations pay for his $2tn infrastructure proposal. Biden isn’t even seeking to raise the corporate tax rate as high as it was before the Trump tax cut, yet not a single Republicans will support it.A few Democrats, such as West Virginia’s Joe Manchin, don’t want to raise corporate taxes as high as Biden does either. Yet almost two-thirds of Americans support the idea.The basic deal between American corporations and American politicians has been a terrible deal for America. Which is why a piece of legislation entitled the For the People Act, passed by the House and co-sponsored in the Senate by every Democratic senator except Manchin, is so important. It would both stop states from suppressing votes and also move the country toward public financing of elections, thereby reducing politicians’ dependence on corporate cash.Corporations can and should bankroll much of what America needs. But they won’t, as long as corporations keep bankrolling American politicians. More