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      Alarm as Republican judge who lost election pushes voter-fraud claim

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      Four months after the 2024 election, and after recounts affirmed his loss, a North Carolina judge running for a seat on the state’s high court has yet to concede. Instead, Jefferson Griffin is still trying to remove more than 65,000 voters’ ballots from the count, contending they were not lawfully able to vote.Griffin’s case, closely watched by both political parties for its ability to set a precedent in a swing state, is now before the state’s court of appeals, on which he sits. Griffin, a Republican, lost to Democratic supreme court justice Allison Riggs by 734 votes, affirmed by two recounts. The parties filed briefs in early March, and the Republican-leaning court of appeals is expected to schedule arguments soon.Griffin wants to discard these votes because he alleges their registration information was incomplete, among other arguments, but voting rights advocates say the effort will disenfranchise eligible voters, including new voters and those who have been voting successfully for many years.“We view this case as a harbinger for what could come in other states, if this is viewed as an example to draw upon in future elections, and we also view it as an example of what at least some members of the Republican party are willing to do in order to win at the cost of our democratic system,” said Ann Webb, policy director with Common Cause North Carolina.In January, the North Carolina supreme court prevented the state board of elections from certifying the vote while the court cases play out. Three justices agreed in a concurring opinion defending Griffin’s challenges that election protests were an important legal right and that Griffin was not seeking to disenfranchise voters. Instead, the case was about “preserving the public’s trust and confidence in our elections through the rule of law”, a Republican justice wrote. Riggs has recused herself from the case.There are multiple lawsuits alleging the state board of elections should not have allowed wide swaths of voters to be eligible, attempting to negate their ballots. The Republican National Committee filed a similar suit, in which the Democratic National Committee has intervened.North Carolina citizens, including candidates, can file protests to ballots, and these challenges are not uncommon in the state. Griffin first filed the challenges to the Democratic-majority state board of elections, which denied them, leading him to sue. A federal court said state courts should first decide the state law issues in the case, then federal courts could review federal laws at play. A Wake County Superior Court judge ruled against Griffin, and Griffin appealed.Griffin’s challenge stands out because of its breadth and how it attacks rules in place before the election. He isn’t alleging fraud or that voters erred, but that he didn’t agree with the rules in place at the time of the election, Webb said.“This case that Jefferson Griffin is pursuing is essentially the mass election protest that we expected to see from Trump if he had a narrow loss, and it is clearly being driven by an extremist agenda likely from outside North Carolina to experiment with pushing the limits of election law and making it more possible to challenge elections in this kind of unprecedented way,” said Webb, whose group has opposed Griffin’s challenges and planned rallies around the state.Griffin challenged more than 65,000 voters: about 60,000 of them, he alleges, had incomplete vote registrations, for issues like a missing driver’s license number or social security digits, even if they registered more than a decade ago; more than 5,500 absentee ballots from overseas military members and their families, saying they didn’t provide photo ID, which is not required by law for this group of voters; and a couple hundred ballots of overseas voters who have not resided in the US but have ties to North Carolina.The challenges had a disproportionate impact on young voters – about one-fourth of those in the incomplete registration group are aged 18 to 25, WUNC reported. About one-fourth of the students who voted at Duke University were challenged, as were about 400 ballots at North Carolina Central University, a historically Black college.But voters of all backgrounds and political parties were part of the challenge. A Republican city councilman who was challenged told the New York Times that Griffin was being a “sore loser”.In a brief before the appellate court, Griffin’s lawyers claim the state elections board had “broken the law for decades, while refusing to correct its errors”.“This case presents a fundamental question: who decides our election laws? Is it the people and their elected representatives, or the unelected bureaucrats sitting on the state board of elections?”Lawyers for the state elections board said Griffin “seeks to retroactively change longstanding election rules by bringing novel legal claims”. The board also claims Griffin did not provide adequate notice to voters who were challenged – a postcard with a QR code mass-mailed to challenged voters did not meet legal requirements for notice.Riggs, who currently sits on the Republican-dominated supreme court, made similar arguments. “Judge Griffin’s protests were properly rejected because they pose a risk to the stability and integrity of our elections. His effort to change the rules after an election is unprecedented,” lawyers for Riggs wrote in an appellate brief.Spring Dawson-McClure still doesn’t know if her vote will ultimately count, despite it being counted at least twice so far, because Republicans claim her voter registration wasn’t complete.She received a postcard from the North Carolina Republican Party in November, after she voted, that said her vote “may be affected by one or more protests filed in relation to the 2024 general election”. It directed her to scan a QR code to view the protest filings. She initially thought, given the sparse information, that it was a general notice sent to voters to “stir up the idea that there had been voter fraud”.But she found her name listed on a websiteand reached out to her county and the state board of elections to see what happened. She went to the county elections office in person, where they pulled up a copy of her voter registration application.She credited the “audacity to hyphenate my name when I got married” for her inclusion on the list – her current name did not match up with a social security database, though her maiden name did. Contrary to the characterization that more than 60,000 voters didn’t provide necessary information to register, Dawson-McClure’s application was complete.She has voted in 19 elections since 2012, previously without issue. She joined a rally in her town, attended by hundreds of people, to protest against Griffin’s election challenge.“Truthfully, I’m shocked that this is happening,” she said. “I also actually feel quite scared. I feel scared for the future, that my children will live in this state, in this country, and that if our voting rights are not honored in this case, that we will never have free and fair elections in North Carolina again.” More

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      The pink protest at Trump’s speech shows the Democrats aren’t coming to save us

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      Pretty (pathetic) in pinkHappy International Women’s Day (IWD), everyone! I’ve got some good news and some bad news to mark the occasion.The bad news is that a legally defined sexual predator is leading the most powerful country on earth and we’re seeing a global backlash against women’s rights. “[I]nstead of mainstreaming equal rights, we are seeing the mainstreaming of misogyny,” the UN secretary-general, António Guterres, said in his IWD message.The good news, for those of us in the US at least, is that the Democrats have a plan to deal with all this. Or rather, they have wardrobe concepts of a plan. On Tuesday night, Donald Trump addressed a joint session of Congress at the US Capitol. Some members from the Democratic Women’s Caucus (DWC), including Nancy Pelosi, decided to protest by … wait for it … wearing pink.“Pink is a color of power and protest,” the New Mexico representative Teresa Leger Fernández, chair of the DWC, told Time. “It’s time to rev up the opposition and come at Trump loud and clear.”The pink outfits may have been loud but the message the Democrats were sending was far from clear. They couldn’t even coordinate their colour-coordinating protest: some lawmakers turned up wearing pink while others wore blue and yellow to support Ukraine and others wore black because it was a somber occasion.Still, I’ll give the DWC their due: their embarrassing stunt seems to have garnered at least one – possibly two – fans. One MSNBC columnist, for example, wrote that the “embrace of such a traditionally feminine color [pink] by women with considerable political power makes a stunning example of subversive dressing”.For the most part, however, the general reaction appears to have been that this was yet another stunning example of how spineless and performative the Democrats are. Forget bringing a knife to a gunfight – these people are bringing pink blazers to a fight for democracy. To be fair, there were a few other attempts at protest beyond a pink palette: the Texas representative Al Green heckled the president (and was later censured by some of his colleagues for doing so) and a few Democrats left the room during Trump’s speech. Still, if this is the “opposition”, then we are all doomed.Not to mention: even the pink blazers seemed a little too extreme for certain factions of the Democratic party. House Democratic leadership reportedly urged members not to mount protests and to show restraint during Trump’s address. They also chose the Michigan senator Elissa Slotkin to give the Democratic response to Trump’s speech. While Slotkin tends to be described as a sensible centrist voice by a lot of the media, she’s very Trump-adjacent. Slotkin is one of the Democratic senators who has voted with Trump the most often and, last June, was one of the 42 Democrats to vote with the GOP to sanction the international criminal court (ICC) over its seeking of arrest warrants for Benjamin Netanyahu and other Israeli leaders for destroying Gaza. Human rights advocacy groups have warned that attacking the ICC like this undermines international law and the ability to prosecute or prevent human rights violations across the world. It speaks volumes about the US media and political class that a senator standing against international law can be called a centrist.This whole episode also speaks volumes about the Democrats’ plan for the future: it’s growing increasingly clear that, instead of actually growing a spine and fighting to improve people’s lives, the Democratic party seems to think the smartest thing to do is quietly move to the right and do nothing while the Trump administration implodes. I won’t caution against this strategy myself. Instead, I’ll let Harry Truman do it. Back in 1952, Truman said: “The people don’t want a phony Democrat. If it’s a choice between a genuine Republican, and a Republican in Democratic clothing, the people will choose the genuine article, every time.”Anyway, the upshot of all of this is that the Democrats are not coming to save us. We must save ourselves. That means organizing within our local communities and learning lessons from activists outside our communities. It means being careful not to normalize creeping authoritarianism and it means recognizing the urgency of the moment. The warning signs are flashing red: we need to respond with a hell of a lot more than a pink wardrobe.Make atomic bombings straight again!DEI Derangement Syndrome has reached such a fever-pitch in the US that a picture of the Enola Gay aircraft that dropped an atomic bomb on Japan has been flagged for deletion at the Pentagon. Apparently, it only got the job because it was Gay.Can a clitoris be trained to read braille?The Vagina Museum addressed this very important question on Bluesky.One in eight women killed by men in the UK are over 70A landmark report by the Femicide Census looks at the deaths of 2,000 women killed by men in the UK over the last 15 years and found that the abuse of older women hasn’t had as much attention as it should. “We have to ask why we see the use of sexual and sustained violence against elderly women who are unknown to the much younger men who kill them,” the co-founder of the Femicide Census told the Guardian. “The misogynistic intent in these killings is clear.”Bacterial vaginosis (BV) may be sexually transmitted, research findsWhile this new study is small, its findings are a big deal because BV is super common – affecting up to a third of reproductive-aged women – and has long been considered as a “woman’s issue”. Treating a male partner for it, however, may reduce its recurrence.How astronaut Amanda Nguyen survived rape to fight for other victimsAfter being assaulted at age 22, Nguyen got a hospital bill for $4,863.79 for her rape kit and all the tests and medication that went along with it. She was also informed that it was standard practice for her rape kit to be destroyed after six months. “The statute of limitations is 15 years because it recognises that trauma takes time to process,” Nguyen told the Guardian in an interview. “It allows a victim to revisit that justice. But destroying the rape kit after six months prevents a survivor from being able to access vital evidence.” After her traumatic experience, Nguyen successfully fought for the right not to have your rape kit destroyed until the statute of limitations has expired, and the right not to have to pay for it to be carried out.Female doctors outnumber male peers in UK for first timeIt’s a significant milestone in what has traditionally been a male-dominated profession.There’s an Israeli TikTok trend mocking the suffering of Palestinian childrenThis is one of those things that would be front page of the New York Times if it were directed at Israelis but is getting relatively little attention because of how normalized the dehumanization of Palestinians is. It’s also just the latest in a series of social media trends mocking Palestinian suffering.Florida opens criminal investigation into Tate brothers“These guys have themselves publicly admitted to participating in what very much appears to be soliciting, trafficking, preying upon women around the world,” the state attorney general said.The week in pawtriarchyJane Fonda, a committed activist, has always fought the good fight. But she’s also apparently fought wildlife. The actor’s son recently told a Netflix podcast that Fonda once “pushed a bear out of her bedroom”. While that phrase may mean different things to different people, in this instance it was quite literal. Fonda apparently scared off a bear who had entered her grandson’s room and was sniffing the crib. Too bad nobody was there to snap a photo of the escapade – it would have been a real Kodiak moment. More

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      ‘Major brand worries’: Just how toxic is Elon Musk for Tesla?

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      Globally renowned brands would not, ordinarily, want to be associated with Germany’s far-right opposition. But Tesla, one of the world’s biggest corporate names, does not have a conventional chief executive.After Elon Musk backed Alternative für Deutschland (AfD) – calling the party Germany’s “only hope” – voters are considering an alternative to Tesla. Data released on Thursday showed that registrations of the company’s electric cars in Germany fell 76% to 1,429 last month. Overall, electric vehicle registrations rose by 31%.Tesla’s biggest shareholder, who has voiced support for rightwing leaders around the world, is now a de facto US cabinet member under Donald Trump’s administration.Tesla’s valuation has become inextricably tied to Musk’s politics. After he spent $288m backing Trump’s 2024 election victory, Tesla’s valuation passed $1tn. Yet Musk’s political involvements – unprecedented for the head of a company that size – could also be having a negative effect.On Friday, a group of Extinction Rebellion activists occupied a Tesla store in central Milan. Activists chained themselves to the cars’ tyres, and others glued themselves to the windows along with the slogans “Make millionaires pay again” and “Ecology for all, no ecofascism”.Analysts are openly wondering if Musk is causing lasting damage to a brand he has made synonymous with electric cars and, by extension, liberal aspirations to tackle climate change.Tesla was approached for comment.Tesla was the world’s biggest producer of battery electric cars in 2024, but sales dropped to 1.79m, the first time the company has endured a sales decline since 2011 after years of rapid growth that made it the world’s most valuable carmaker.The manufacturer said in January that global sales would grow during 2025, and Wall Street analysts expect Tesla to sell more than 2m cars this year. But even those forecasts would hardly represent a blazing return to form. As recently as October, Musk said he expected 20% to 30% annual sales growth, implying as many as 2.3m cars sold.“Customer retention will be key in 2025 as customers may begin to look for an ‘Alternative for Tesla’,” said Matthias Schmidt, a Berlin-based electric car analyst.View image in fullscreenOther analysts are more optimistic. Dan Ives, of Wedbush Securities, a US financial firm, is a longstanding Tesla supporter. Ives believes the company’s share price could rise from its current level of about $280 to hit $550. However, he acknowledged the negative perception created by Musk’s partnership with Trump and his work on the so-called department of government efficiency (Doge) – an issue he described as the “elephant in the room” for the brand.Calling them “major brand worries for Tesla”, he added in a note to investors that the direct impact on sales should be relatively small. “We estimate less than 5% of Tesla sales globally are at risk from these issues despite the global draconian narrative for Musk.”Ives said that Tesla was on the verge of making a new, cheaper vehicle – costing less than $35,000 – and would “own” the autonomous vehicle market, factors that would help push Tesla to a valuation of more than $2tn.Nonetheless there are clear signs in the US, Tesla’s biggest market, that would-be buyers are wavering, according to Strategic Vision, a market research company. Its new vehicle experience study tracks the buying preferences of up to 250,000 car buyers in the US, and it shows a sharp decline in regard for Tesla since Musk bought Twitter (now X) in 2022.Shortly before the multibillionaire bought the social media platform, 22% of new vehicle buyers would have “definitely” considered buying a Tesla. By the end of 2024 it was just under 8%. The proportion who would not consider buying a Tesla has risen from 39% over the same period to 63%.According to Strategic Vision, approximately half of non-Tesla EV buyers identify as Democrat or liberal, compared with about 20% identifying as Republican or conservative. Among Tesla owners, the Democrat owner group has fallen from 40% during the Biden administration to 29% now, with the Republican group averaging about 30% since 2021.“Democrats, the majority party of EV owners, are now actively rejecting Tesla and choosing other options,” said Alexander Edwards, president of Strategic Vision.Meanwhile, global protests against Musk and Tesla are intensifying. In America, there have been demonstrations outside dozens of Tesla showrooms, while in the UK a guerrilla poster campaign – “0 to 1939 in 3 seconds” – has emphasised Musk’s fascist-style salute at an inauguration rally. In Germany, he was recently caricatured on a carnival float as “Napo-Elon”.Ross Gerber, chief executive of the US investment management firm Gerber Kawasaki, which holds shares in Tesla, said Musk had given people an outlet to express their disdain for his politics.skip past newsletter promotionafter newsletter promotionHe said: “He has left himself open to a direct way for people to attack him if they don’t like his politics. It’s ironic because the vehicles were made for liberals who care about the environment and it has become a symbol of the conservative movement.”Tesla is valued at about $847bn – still more than the next 10 carmakers combined. Few investment banks have included any effect from Musk in their work trying to accurately value Tesla. Still, there are further reports of falling sales. In Australia, February sales were down about 72% compared with the same month in 2024, according to data released this week.View image in fullscreenSeveral analysts have raised concerns that the current valuation is much too high. JP Morgan is among the most pessimistic of the investment banks, suggesting that Tesla’s share price could fall as low as $135 – or a valuation closer to $400bn. Musk is the largest shareholder in Tesla, a key contributor to his status as the world’s wealthiest person.“Tesla shares continue to strike us as having become completely divorced from the fundamentals,” wrote JP Morgan in January, pointing out that 2025 profit expectations were down 70% since 2022. The share price has more than doubled since then – something that would not usually happen when investors expect lower profits.Analysts at UBS, a Swiss investment bank, concur, saying that Tesla’s valuation “continues to confound us”, with big risks in its efforts to make money from self-driving cars or humanoid robots.While sales declined steeply in January in several markets, several analysts have warned against relying on numbers for a single month. Schmidt said: “Some consumers are likely holding back purchase decisions and waiting for the updated Model Y which arrives this month. The big question though is, are these just the die-hard Tesla enthusiasts which remain in line while other potential consumers jump ship?”There have also been positive signs elsewhere. UK Tesla sales fell in January, but bounced back by a fifth in February to leave sales up year-on-year for 2025 so far. In the US there were also signs of a recovery after a fall in January, with preliminary data for February indicating rebound sales of about 42,000 cars, up 14% year-on-year, according to Wards Intelligence.But the UK sales figures also highlight another concern for investors: that Tesla’s lead on rivals could be narrowing as a flood of new models arrive. Tesla’s electric market share for the first two months of 2025 was 11%, down from 14% in 2024, according to New Automotive, a research group.Ben Nelmes, New Automotive’s chief executive, said: “The impact of Elon Musk’s political views on Tesla’s sales may have been overstated, but Tesla is gradually losing its position as the dominant EV seller in the UK as other carmakers bring more up-to-date and cheaper models to market.”In China Tesla is under big pressure from a slew of cheaper competitors, most notably BYD. In Tesla’s second-biggest market, sales of its China-made EVs dropped 49% year-on-year in February, to the lowest level since August 2022.Edward Niedermeyer, author of Ludicrous – a 2019 book about Tesla which focuses on Musk’s habit of making bold claims about the business that don’t stack up – argues that the prospect for new business like robotaxis and robots are distant. “The unique moment that we’re in now is the business has peaked,” he said.The worry for Tesla investors is whether Musk has turned that peak into a cliff-edge.Additional reporting Lorenzo Tondo More

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      Will Trump put a Fox News host on the US supreme court? Mark Tushnet can’t rule it out

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      Should Donald Trump get the chance to nominate a new justice to the supreme court, to join the three rightwingers he installed in his first term, he might pick “the equivalent of Pete Hegseth”, Mark Tushnet said, referring to the Fox News host who is now US secretary of defense.“Trump as a person has his idiosyncrasies, I’ll put it that way,” Tushnet said, from Harvard, where he is William Nelson Cromwell professor of law, emeritus. “And … I have thought about potential Trump nominees, and actually, what comes to mind is the equivalent of Pete Hegseth: a Fox News legal commentator.”Justice Jeanine Pirro? It’s a thought. Perhaps future historians will debate “The Box of Wine that Saved Nine”. Perhaps not.“I wouldn’t rule it out,” Tushnet said, of his Fox News theory, if not of Pirro, per se. “I don’t think it’s highly likely, but given the way those things work, and given the idea that you want people who aren’t simply judges, it’s not a lunatic thought, I guess.”The reference to “people who aren’t simply judges” is to arguments laid out in Tushnet’s new book, Who Am I to Judge?, in which he makes his case against the prevalence of judicial theories, particularly originalism, to which conservatives adhere, and calls for a rethink of how justices are selected.Tushnet is a liberal voice. Provocatively, he writes that Amy Coney Barrett, the third Trump justice who in 2022 helped remove the federal right to abortion, at least has a hinterland different from most court picks, as a member of People of Praise, a hardline Catholic sect.“I think her involvement in that group has exposed her to a much wider range of human experience than John Roberts’s background, for example,” Tushnet said, referring to the chief justice who was a Reagan White House aide and a federal judge. “And so if you’re looking for people who have been exposed to human experience across the board, I think she’s a reasonable candidate for that.”View image in fullscreenConey Barrett cemented the 6-3 rightwing majority that has given Trump wins including rejecting attempts to exclude him from the ballot for inciting an insurrection and ruling that presidents have some legal immunity. Now, as Trump appears to imagine himself a king and oversees an authoritarian assault on the federal government, reading Tushnet and talking to him generates a sort of grim humor.Looking ahead, to when Trump’s executive orders might land before the justices, Tushnet suggests “the court will put … speed bumps in the way of the administration. They won’t say: ‘Absolutely you can’t do it,’ except the birthright citizenship order.”That order, signed on Trump’s first day back in power, seeks to end the right to citizenship for all children born on American soil and subject to US jurisdiction, as guaranteed under the 14th amendment since 1868.On 23 January, a federal judge said Trump’s order was so “blatantly unconstitutional” that it “boggled” his mind. Should it reach the supreme court, Tushnet can see the rightwing justices “saying: ‘Look, yeah, if you want to do this, we’re not saying you can, but if you want to do it, you got to get Congress to go along. You can’t just do it on your own.’ So that would be a speed bump.”That said, Tushnet sometimes thinks “about how in the US, there are these traffic-calming measures that are literally speed bumps but sometimes, if you go over too fast, you fly”. Trump, he said, has licensed rightwing justices to take decisions that “may not count as speed bumps if you fly off them”.Tushnet was happy to answer a question he thinks all supreme court nominees should be asked: what’s your favorite book and favorite movie?Tushnet’s favorites are Middlemarch by George Eliot and Heaven, a 2002 film directed by Tom Tykwer from a script co-written by Krzysztof Kieślowski. He wrote his book containing such questions, he said, “because I had this longstanding sense that the [supreme court] nomination process has gotten off the rails, mostly by focusing exclusively on judges as potential nominees, and secondarily by focusing on constitutional theory.“For the past 20 years, the court … has been dominated by people whose background was as judges or appellate advocates, and historically that was quite unusual. There are always some judges but there always had been people with much broader kinds of experience, including a former president, William H Taft [chief justice between 1921 and 1930], and several candidates for the presidency, including Charles Evans Hughes [1916], Earl Warren [a vice-presidential pick in 1948], senators like Hugo Black. And those people had disappeared from consideration for the court, and that seemed to be a bad idea.”Tushnet describes a “political reconstitution of the nomination process provoked in large measure by the Republican reaction to the Warren court”, which sat from 1953 to 1969, the era of great civil rights reforms.“I think their view was the Warren court was not composed of judges, they were politicians, some called them ‘politicians in robes’, and Republicans sort of thought the way to get away from the substantive jurisprudence of the Warren court was to put judges on the court, rather than people with what I call broad experience,” Tushnet said.One justice on the current court was not previously a judge: Elena Kagan, one of the three besieged liberals, was dean of Harvard Law School, then solicitor general under Barack Obama.Tushnet “went into the project thinking that I would find more great justices who had been a politician than I actually did. When I was teaching, I would do this thing about who the justices were who decided Brown v Board of Education”, the 1954 ruling that ended segregation in public schools, “and I think it’s fair to say that not one of them’s primary prior experience was as a judge, and like seven or eight of their prior primary experiences were as a politician. And if Brown v Board is the premier achievement of the supreme court, the fact that it was decided by a court primarily made up of politicians counts in favor of thinking about politicians when appointing to the court.”“Why not do it? For me, the main feature of having been a politician is not that you’ve taken stances aligned with one or another political party at the time, but that you’ve provided reasons in many different ways, you’ve grown up amongst people with a wide range of life experiences that you’ve had to think about, as a politician, in order to get their votes, in order to get your way,” he said.Tushnet’s ideal might be Charles Evans Hughes, an associate justice from 1910 to 1916 and chief justice between 1930 and 1941, but also governor of New York, Republican candidate for president and US secretary of state.On the page, Tushnet imagines asking Hughes a question – “What constitutional theories do you use?” – and getting an appealing answer: “I try to interpret the constitution to make it a suitable instrument for governance in today’s United States.”Tushnet says modern judges and justices should say the same, rather than reach for judicial theories. His new book is in part an answer to a demolition of originalism by Erwin Chemerinsky, dean of UC Berkeley law school: “I distinguish, I think, more clearly than other people have, including Erwin, between what I call academic originalism and judicial originalism.”Either form of originalism concerns working out what the founders meant when they wrote the constitution, then advocating its application to modern-day questions. Tushnet “think[s] a good chunk of academic originalism is not subject to many of the criticisms that Erwin levels. It’s not perfect but it’s an academic enterprise, and people work out difficulties, and there’s controversy within the camp and so on.View image in fullscreen“Judicial originalism is different because it has a couple of components. One is, we now know it’s quite selective. To get originalism into the TikTok decision, for example, you have to do an enormous amount of work. It’s not impossible, but it’s not an originalist opinion, fundamentally. So [justices are] selectively originalist, or, as my phrase is, opportunistically originalist. They use it when the sources that they’re presented with support conclusions they would want to reach anyway, and the adversary process at the supreme court isn’t a very good way of finding out what they say they’re trying to find out. And so as a judicial enterprise, originalism just doesn’t do what it purports to do.”To Tushnet, the late Antonin Scalia, an arch-conservative and originalist, is “the leading candidate to be placed on a list of great justices” of the past 50 years, “because of his influence and his contributions to the court.“But one bad contribution was his widely admired writing style. Now, writing styles change over time. And having read an enormous number of opinions of the 1930s, I know there’s an improvement in readability since the 1930s. But the idea that [opinions] become more readable, accessible and memorable by including Scalia-like zingers, short phrases that are quotable and memorable, seems to be just a mistake. But he’s very influential, and so people try to emulate him … Justice Kagan does it in a gentler way. I guess my inclination would be to say: ‘If you’re going to do it, do it the way Justice Kagan does, rather than the way Justice Scalia did.’”Tushnet agrees that some of Scalia’s pugilistic spirit seems to have passed into Samuel Alito, the arch-conservative author of the Dobbs v Jackson ruling, which removed abortion rights, if while shedding all vestiges of humor.In his book, Tushnet shows how Alito’s Dobbs ruling contained a clear mistake, the sort of thing that is largely down to the role clerks play in drafting opinions, as Tushnet once did for Thurgood Marshall, the first Black American justice.“Times were quite different then,” Tushnet said. “The year I was there, the court decided 150 cases. Now they’re deciding under 50 a year … the year I was there was the year Roe v Wade was decided [1973, establishing the right to abortion, now lost]. It had been resolved fundamentally the year before, so they were just cleaning things up, but we knew these were consequential decisions.”The court will soon have more consequential decisions to make. In the meantime, talk of a constitutional crisis, of a president defying the courts, grows increasingly heated.“My sense is that we’re not at the crisis point yet,” Tushnet said. “Like many administrations before it, the Trump administration is taking aggressive legal positions, which may or may not be vindicated. If they’re not vindicated, they’re muttering about what they’ll do. That’s happened before.“My favorite example is that in the 1930s, Franklin Roosevelt, while a major decision was pending, had his staff prepare two press releases, one saying: ‘Actually the court has upheld our position,’ the other saying: ‘The court mistakenly rejected our position, and we’re going to go ahead with it anyway.’ Now, they didn’t have to issue that press release, because the court went with the administration. But, you know, muttering about resistance is not historically unusual. Resisting would be quite, quite dramatic, but we’re not there yet.”

      Who Am I to Judge? is published by Yale University Press More

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      What will it take for a former president to speak out against Trump?

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      The stadium announcer called on the crowd to give a warm welcome to “a very special guest”. A cheer went up as basketball fans realised that Barack Obama was in their midst. The former US president rose to his feet, smiled and waved before watching the Los Angeles Clippers take on the Detroit Pistons on Wednesday night.It was a jarringly normal scene at a profoundly abnormal time. The previous evening, Donald Trump had delivered the longest-ever presidential address to Congress, a dark, divisive tirade strewn with lies and insults – he called Joe Biden the “worst president in American history” and the senator Elizabeth Warren “Pocahontas”.Yet Biden did not respond and Obama remained silent. Former presidents Bill Clinton and George W Bush were similarly mute. Six weeks into a Trump second term that has shattered democratic norms and ruptured diplomatic alliances, it remains unclear what – if anything – might prompt the former presidents to speak out.Larry Sabato, director of the Center for Politics at the University of Virginia, said: “Let’s look only at Clinton and Obama: it’s almost as though they’ve washed their hands of it.View image in fullscreen“I’ve been calling them Pontius and Pilate,” he said, referring to the Roman governor who allowed Jesus to be crucified. “You can understand why because when you challenge Trump, he goes after you and never lets up. It’s hell every single day, multiple times a day.”Trump’s barnstorming first six weeks in office have left millions of Americans reeling. He has pardoned January 6 insurrectionists, punished journalists, imposed tariffs, sided with Russia over Ukraine, expanded presidential power and unleashed the tech billionaire Elon Musk to slash the federal government. Critics say it is time to break the emergency glass.Struggling to find a coherent strategy, Democrats used delaying tactics to stall Trump’s cabinet nominees and heckled his address to Congress. Grassroots activists have expressed their anger and fear at town halls while demanding more direct action. Notably, former senior government officials have gone public with their concerns.Last month, a group of five former treasury secretaries wrote a joint essay for the New York Times warning that the nation’s payment system was under attack by political actors from Musk’s so-called “department of government efficiency”, or Doge.Then, five former defence secretaries signed a joint letter calling on Congress to hold immediate hearings on Trump’s recent firings of the chair of the joint chiefs of staff and several other senior military leaders.The presidents’ club has its own etiquette, however. The five men have gathered twice recently, first at the Washington national cathedral for Jimmy Carter’s state funeral, where Obama and Trump were seen conversing and even sharing a joke. Then, they reunited at Trump’s inauguration, where Biden was forced to listen to his presidency being described as “a horrible betrayal”.Since then, all the ex-presidents have resisted the temptation to stage a significant intervention. Sabato believes that one factor is an awareness that Trump – and his vituperative supporters – would be sure to strike back, including at family members such as Hillary Clinton, a former first lady and secretary of state who ran against Trump in the 2016 election.“Bill Clinton is close to 80 and he’s been attacked a lot in his lifetime,” Sabato said. “I’m not sure he wants any more of it and then there’s Hillary – he has to realise that Trump would go after her, too. With Obama, the more I think about it, the more I believe that little friendly chat at Jimmy Carter’s funeral either was part of Obama’s plan or, once it happened, he decided to capitalise on it and keep his mouth shut so that he wouldn’t be the target again.”He added: “It’s unpleasant. Trump unleashes this army of assholes and we’ve all experienced them on Twitter and in other ways. I get it. But I think they have an obligation to do more.”View image in fullscreenCertainly the former presidents’ feeds on the X social media platform do not convey a sense of a nation in crisis. Bill Clinton has posted tributes to political figures who died in recent weeks, although Hillary Clinton has been more combative – for example, by responding to the suspension of offensive cyber operations against Russia with sarcasm: “Wouldn’t want to hurt Putin’s feelings.”Bush does not have an X account, although his Texas-based presidential centre this week posted an article headlined, “America First should not put Russia second”, condemning Trump and JD Vance for attacking Volodymyr Zelenskyy.Obama’s X account, which has more than 130 million followers, did post a New York Times article by Samantha Power, former administrator of USAid, decrying Trump’s cuts to the international development agency. But it then offered congratulations to the Philadelphia Eagles on their Super Bowl win and a Valentine’s Day message to his wife, Michelle, who did not accompany him to Carter’s funeral, the inauguration or Wednesday’s basketball game in California.Biden has kept a low profile since flying out of Washington on 20 January apart from signing with a Los Angeles talent agency. His X feed includes congratulations to the new Democratic National Committee chair, Ken Martin, reactions to the release of Hamas hostages, a Valentine’s message to wife Jill, reflections on Black History Month, a picture of his beloved Amtrak train service and a tribute to the late representative Sylvester Turner.It is not hard to imagine how Biden must have seethed as Trump bullied and berated Zelenskyy in the Oval Office last week and threatened to tear up the 80-year transatlantic alliance that Biden had striven to renew. Yet he offered no public reaction.skip past newsletter promotionafter newsletter promotionDavid Litt, an author and former Obama speechwriter, said: “There’s the question of, is this protocol or is this patience. Protocol is pretty clearly out the window at this point, including Trump spending a good chunk of his address to Congress bashing Joe Biden. That is just not done and yet it’s done now.“Certainly Trump was not shy about criticising the current administration when he was an ex-president. I suspect that in 2029, if he is still physically able to tweet what he thinks about whoever’s in office, he will do so.”View image in fullscreenThe death of George HW Bush in 2018 left his son, George W Bush, as the only living Republican president apart from Trump himself, raising the question of when Bush could join Clinton, Obama and Biden in a powerfully symbolic show of bipartisanship.Litt added: “You get one moment when that has the greatest impact so you want to pick that moment carefully. Trump going further in selling out our allies and also forging a new alliance with Putin and Russia to me sounds like the kind of thing that might cross a line where a bipartisan group of former presidents would say this isn’t right.”There is traditionally reluctance among presidents to criticise a successor, especially during the opening honeymoon period. However, history is littered with exceptions to the rule.Theodore Roosevelt lambasted William Taft in a series of speeches, even though Roosevelt had promoted Taft as his successor in 1909. Carter eviscerated Ronald Reagan, who beat him in 1980, for sending arms to Iran in hopes that Americans held captive in Lebanon would be released.Clinton had a dig at his successor, George W Bush, for failing to achieve democratic progress in Iraq, saying in a 2007 interview: “The point is, that there is no military victory here.” Bush, in turn, reportedly told a closed-door meeting in 2015 that Obama’s decision to lift sanctions on Iran was a mistake.Obama denounced his successor Trump’s handling of the coronavirus pandemic in 2020 as an “absolute chaotic disaster” during a conversation with ex-members of his administration. He also warned that the “rule of law is at risk” under the 45th president.But none of it compared with Trump’s constant and vicious attacks on Biden during the Democrat’s four years in the White House. Trump mocked his successor as “Crooked Joe” and “Sleepy Joe” and claimed that he had caused “more damage than the last 10 worst presidents combined”.Whether a return of fire from Biden, who left office with an approval rating in the 30s and could be accused of being a sore loser, would benefit his party at this moment is questionable. Kurt Bardella, a Democratic strategist, said: “The answer for Democrats is not backwards. It’s not in the past. It’s got to be somewhere forward-looking and that’s what they’ve got to figure out here.”Bardella said of the former presidents: “If I were them, I would get behind someone right now and say this is the guy or girl that I believe in. Stop playing the: ‘I don’t want to step on anyone’s toes or prematurely step out of line.’ We don’t have time for that crap. Get in the game or don’t ever talk again. If you don’t have anything to say now, while this is going before our very eyes, I don’t want to hear from you ever again.” More

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      ‘Musk? He’s horrendous’: Martha Lane Fox on diversity, tech bros and International Women’s Day

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      As Elon Musk grinned in the Oval Office, one of Britain’s most influential tech investors looked on in horror. “He is absolutely horrendous. I have said it multiple times: I think it is horrifying what is happening,” says Martha Lane Fox.For the British peer and ex-Twitter board member, the sight of Musk holding forth from the bully pulpit of Donald Trump’s White House shows the Silicon Valley dream has gone sour.“The richest man in the world, who can stand there alongside the president, and kind of carte blanche make jokes about how he’s carving up people’s jobs in the government. Then he can be there with a chainsaw laughing on stage…“It is really, really alarming, and I find it extremely unpleasant at a values-based level – but also, just how can we be watching this in plain sight? It makes me feel very anxious. I think it is gross.”In an interview with the Observer to mark International Women’s Day, the president of the British Chambers of Commerce (BCC) warned the diversity pushback orchestrated by Trump and his tech bro acolytes will not only damage society, but also the economy at large.Since his return to the White House, the US president has shut down all federal diversity, equity and inclusion (DEI) initiatives, while Musk’s “department of government efficiency” (Doge) is ripping up funding schemes.Some of the world’s biggest companies are following suit. Amid a wider pushback against everything from environmental targets to sustainable development, among the most prominent taking part are US finance and tech companies, including Goldman Sachs, Accenture and Amazon, while UK businesses such as GSK have also fallen in line.“He needs to be contained,” Lady Lane Fox says of Musk’s role in the rollback. “I find it extraordinary that the richest man in the world is trampling all over these things and that we still have kind of fanboying from the tech sector. It’s already been corrosive for society, and I would argue it is going to continue to be.”For businesses, she says the bottom line is that companies that take diversity seriously appeal to the widest possible employee talent pool and are better placed to target a broad range of customers. This, she adds, is about profit as much as social justice. However, she has a broader concern about the future.“The first thing, it’s financial. But the second thing, it’s about power and money – like everything, right?“If you’re looking at a sector like the digital sector, where there’s the growth in jobs, growth in opportunity – it is the growth sector in the economy. Yet you are not including a whole bunch of people in that. Then you are going to be creating inequality. Full stop. So it’s financial and it’s a question of social justice.”Given the close ties between Britain and the US, there is a view that where corporate America treads, the UK naturally follows. But there are signs that some UK businesses – and even the British operations of some US companies – are prepared to stand apart.The accountancy firm Deloitte instructed staff working on contracts for the US government to remove pronouns from their emails, while also announcing the end of its DEI programme. But its UK boss told staff its British operations remained “committed to [its] diversity goals”.“It feels as though global companies rooted in the US are making a politically motivated slight shift in emphasis and tilt, through to rowing back everything. And it does feel a bit more tempered here,” says Lane Fox.UK businesses have an opportunity to do something different, she says, which could bring financial benefits. “I think we’ll build more robust companies, attract talent and have a much better shot at building the most resilient companies of the future.”For almost three decades, Lane Fox has built a career – and multimillion-pound fortune – in tech. She made her first big money floating Lastminute.com, the online travel site co-founded alongside fellow Oxford graduate Brent Hoberman in 1998.View image in fullscreenShe joined the board of Twitter – now X – in 2016, landing herself a huge payday in Musk’s $44bn hostile takeover in 2022, before he dissolved the board and appointed himself the sole director.Seeing Musk in the Oval Office, parading his son X on his shoulders, made her question the gender divide. “Can you imagine if that was a woman? Can you imagine what that would look like? I mean, I just think the whole thing is really gross.”But while railing against Musk in a personal capacity, the BCC president does not suggest this approach is for everyone. “It is really tricky to navigate. You have a responsibility to your customers and your employees that might be different to our personal view sometimes.”Government regulation to enshrine diversity targets is also a bad idea, she says, preferring instead that companies report their progress. “Keeping it in the light, keeping up the reporting, is important – keeping up good investors, looking at the right metrics and investing in the right companies all helps.”However, not enough progress is being made. Analysis this week showed that worsening unemployment and workforce participation for women has pushed the UK behind Canada to its lowest global ranking for workplace equality among large economies in a decade.The gender pay gap has been declining slowly over time, but average pay is still 7% less for women than for men. It is a challenge Lane Fox is all too aware of. “Look at the data and it is really freaking depressing – and it is not moving,” she says.“What worries me is that it’s far too easy to find numbers that I thought we were moving on from.“In this week of International Women’s Day, we see representation at the executive level has gone back. I see progress on boards is still good at the FTSE 100 level, but bad at FTSE 250 and 350 level.“I know there will be people in the sector thinking: ‘Oh, here she goes again.’ That’s true of many women [that people think that]. But it is so important to keep making these arguments.” More

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      Trump fires two DoJ senior career officials including pardon attorney

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      Donald Trump’s administration on Friday fired at least two senior career officials at the US justice department, including the head of the office that handles presidential pardon requests, according to a social media post and sources familiar with the matter.Liz Oyer served as pardon attorney since 2022, a career justice department position. Oyer was fired “effective immediately,” according to a memo she shared on LinkedIn, which cited Trump’s executive authority under the US constitution.Oyer, who was appointed by Biden in 2022, posted on LinkedIn: “I’m sad to share that I was fired today from the job I have poured my heart and soul into for the last three years. I am so proud of the team we built in the Office of the Pardon Attorney, who will carry on our important work. I’m very grateful for the many extraordinary people I’ve had the opportunity to connect with on this journey. Thank you for your partnership, your support, and your belief in second chances.”Oyer’s former office reviews requests for clemency from people convicted of federal offenses and makes recommendations to the White House on whom the president should pardon.Oyer’s termination comes two weeks after Trump appointed Alice Marie Johnson as “pardon czar”, a role in which she will recommend people for presidential commutations.Bobak Talebian, the head of the justice department’s Office of Information Policy, which handles public records requests under the US Freedom of Information Act, was also fired, according to a source familiar with the matter.The moves mark the latest instance of the Trump administration removing or sidelining career justice department officials, who typically keep their positions across presidential administrations.A justice department spokesperson did not immediately respond to a request for comment on the moves.Trump-appointed officials previously reassigned several veteran national security and criminal prosecutors to a newly created immigration office. The top career ethics official left the justice department after facing a similar reassignment.About eight senior career FBI officials also were forced out before the confirmation of Trump-nominated FBI director Kash Patel by the Senate.Justice department leaders have generally not given reasons for the dismissals, but have broadly emphasized that career officials must be trusted to enforce Trump’s agenda.skip past newsletter promotionafter newsletter promotionA union said on Friday the US Department of Labor reinstated about 120 employees who had been facing termination as part of the Trump administration’s mass firings of recently hired workers.The American Federation of Government Employees, the largest federal employee union, told Reuters that the probationary employees had been reinstated immediately and that the department was issuing letters telling them to report back to duty on Monday.Coral Murphy Marcos contributed to this report More

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      Trump administration briefing: defending Putin, Columbia cuts and Doge’s power over EPA spending

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      Donald Trump has said he finds it it “easier” to work with Russia than Ukraine and that Vladimir Putin was “doing what anybody would do” after Russia launched a massive missile and drone strike on Ukraine days after the US cut off vital intelligence and military aid to Kyiv.“I’m finding it more difficult, frankly, to deal with Ukraine. And they don’t have the cards,” Trump said in his latest attack on Kyiv. “In terms of getting a final settlement, it may be easier dealing with Russia.“I think he [Putin] wants to get it stopped and settled and I think he’s hitting them harder than he’s been hitting them, and I think probably anybody in that position would be doing that right now.”Trump says it is ‘easier’ to deal with Russia than Ukraine Donald Trump has said he finds it “easier” to work with Russia than Ukraine and that Putin “wants to end the war”, days after the US administration cut off military assistance and intelligence to Kyiv.Read the full storyTrump administration cancels $400m in funds to ColumbiaThe president’s administration announced it had canceled $400m in federal grants and contracts to Columbia University in New York because of what it alleges as the college’s repeated failure to protect students from antisemitic harassment.Read the full storyEPA: spending $50,000 or more must gain Doge approvalThe US Environmental Protection Agency issued new guidance directing that spending items greater than $50,000 now require approval from Elon Musk’s so-called “department of government efficiency”, even as Donald Trump began putting some distance between Musk’s reach and the power of government department heads – at least over job cuts.Read the full storyTrans women transferred to men’s prisonsTransgender women incarcerated in the US prison system have been transferred to men’s facilities under Donald Trump’s executive order, despite multiple court rulings blocking the president’s policy, according to civil rights lawyers and accounts from behind bars.Read the full storyUS job market grows but below expectationsThe US labor market continued to grow in February, even as threats of mass layoffs in the federal government and uncertainty around Donald Trump’s tariff policies rattle the US economy. Last month 151,000 jobs were added to the economy – but economists had been expecting 170,000 new jobs to be added.Read the full story26,000 images flagged for deletion in Trump DEI purgeReferences to a second world war Medal of Honor recipient, the Enola Gay aircraft that dropped an atomic bomb on Japan, and the first women to pass US marine infantry training are among the tens of thousands of photos and online posts marked for deletion at the Pentagon.Read the full storyWhat else happened today:

      The US economy faces a potential slowdown in consumer spending amid “heightened uncertainty about the economic outlook” among businesses, said Federal Reserve chair Jerome Powell.

      The Trump administration has formally agreed to drop a landmark environmental justice case in Louisiana’s “Cancer Alley” region, marking a blow to clean air advocates in the region.

      The Trump administration has withdrawn the US from a global agreement under which the developed nations most responsible for the climate crisis pledged to partly compensate developing countries for irreversible harms caused by global heating.

      A court-appointed lawyer has advised a federal judge to let the Department of Justice drop corruption charges against New York city mayor Eric Adams but prevent prosecutors from ever reviving the case so it doesn’t hang over him “like the proverbial Sword of Damocles”. More