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      The Guardian view on the US elections: a nation dangerously divided | Editorial

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      Whoever wins this year’s election, America remains a country bitterly and evenly divided. It has been more than three decades since the last presidential landslide. Despite polls suggesting that Donald Trump was poised to suffer a sweeping rejection by the voters, there was no repudiation of the president. Rather, just a fraction of the popular vote separates Joe Biden and Mr Trump.
      Our view was that Mr Trump deserved to lose and in a big way. His mismanagement of the coronavirus crisis, which cost hundreds of thousands of American lives, was cause enough. But there were numerous reasons for Mr Trump’s ejection from the White House, given he ran the worst administration in modern US history.
      It is small comfort that Americans understood the threat that Mr Trump represented and turned out in record numbers to vote against him. Yet, as this election depressingly revealed, there was an almost equal and opposite reaction from Mr Trump’s base. The president’s appeal, it seems, has only widened and deepened since he took office. Mr Trump received so many more votes than he did in 2016 that his tally is only surpassed by Mr Biden this year, and Barack Obama in 2008.
      Should he depart, and there are few signs he will do so without a fight, Mr Trump’s legacy will be the politics of anger and hate. It is a tragedy for America that a poisonous division is becoming the norm rather than the exception. The concern in the US is that cultural divisions have gone past the point of no return. The priority for Americans must be to work out a way to stop the political rift from yawning so wide that the two hostile, sometimes armed, camps are incapable of talking to each other.
      The national conversation will not be easy to start, especially given the venomous way in which President Trump conducts politics. If there was any idea that the country could pick up after the election where it left off in 2016, it vanished the moment Mr Trump declared a victory he obviously had not yet won. His claim that his legal team would attempt to block states from counting all the votes that have already been cast, ballots which are widely viewed as certain to skew Democratic, was as outrageous as it was expected.
      Republicans have embraced their inner Trump, which is why democracy itself was on the ballot in 2020. Under Republican control, the US Congress, for the first two years of Trump’s presidency, did not check Mr Trump’s assault on the norms of democratic governance as much as enable it. The Grand Old Party has increasingly turned to policies designed to constrain the majority electorate. Faced with unfavourable demographic change, Republicans have cemented minority rule across American political institutions. The question that Mr Trump now poses is whether Republicans would go as far in their pursuit of power to undo a presidential election.
      The president may be counting on Republicans to subvert longstanding election norms or hope that the supreme court, to which he appointed three justices, will make the final call. If permitted, the ensuing constitutional crisis would dwarf Trumpism’s outrages. It would also play out against a background of heightened political mobilisation, which would bring with it the threat of civic strife.
      There is a real worry that the two main US parties appear locked in a dangerous and ferocious power struggle for control of the government. Mr Trump’s divisive politics have seen elections become a source of volatility in the world’s leading democracy. The margin of control of the Senate is so narrow that it would be foolish to predict who may end up in charge. Democrats retain their hold on the House of Representatives, but with a looser grip than before. This is a zero-sum game, where one party’s loss is another’s gain. Government in America, and its people, will be the losers. More

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      'The American way': Mitch McConnell defends Trump threat to challenge election results – video

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      ‘We don’t know who won the presidential race yet,’ said Senate majority leader Mitch McConnell as he defended Trump’s threat to challenge election results in the supreme court, a statement that drew wide criticism.
      McConnell on Wednesday said Trump should not be criticised for threatening to bring in his lawyers, adding the Biden campaign would do the same.
      ‘In a close election you can anticipate in some of these states you are going to end up in court, (it’s) the American way,’ McConnell said during a news conference in Louisville, Kentucky
      US election 2020 Trump v Biden: Democrats say ‘results indicate we’re on clear path to victory today’ – live More

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      in Elections

      US election 2020 live: Trump and Biden pick up wins as votes counted in Florida

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      Key events

      Show

      10.23pm EST22:23
      Republicans pick up Senate seat in Alabama

      10.17pm EST22:17
      Biden underperforming in Florida and Georgia compared to polls

      10.09pm EST22:09
      Cornyn wins Senate race in Texas

      10.06pm EST22:06
      Trump wins Kansas

      10.02pm EST22:02
      Lindsey Graham wins re-election

      10.00pm EST22:00
      Polls close in four more states

      9.49pm EST21:49
      Democrats pick up first Senate seat with Hickenlooper win

      Live feed

      Show

      10.23pm EST22:23

      Republicans pick up Senate seat in Alabama

      Republican Tommy Tuberville has been declared the winner of the Alabama Senate race, defeating Democratic incumbent Doug Jones.

      AP Politics
      (@AP_Politics)
      BREAKING: Republican Tommy Tuberville wins election to U.S. Senate from Alabama, beating incumbent Sen. Doug Jones. #APracecall at 9:10 p.m. CST. #Election2020 #ALelection https://t.co/lGfinjTqT4

      November 4, 2020

      Jones had been widely expected to lose his race, after narrowly winning the seat in a 2017 special election.
      Combined with Democrats flipping Cory Gardner’s seat in Colorado, the two parties have canceled out their Senate gains so far tonight.

      10.17pm EST22:17

      Biden underperforming in Florida and Georgia compared to polls

      We still have a long night ahead of us, but the results so far indicate Joe Biden has underperformed in Florida and Georgia in comparison to his polling there.
      With about 91% of the Florida vote in, Donald Trump leads Biden by about 3 points, 51%-48%.
      In Georgia, where 54% of the vote is in, Trump leads by 13 points, 56%-43%.
      Florida was seen as a toss-up, although a recent poll showed Biden ahead there by 5 points. The Democratic nominee was also seen as slightly favored to win Georgia. More

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      in US Politics

      Section 230: tech CEOs to defend key internet law before Congress

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      [embedded content]
      The CEOs of Facebook, Twitter and Google are expected to tell lawmakers in a rare appearance before Congress that a federal law protecting internet companies is crucial to free expression online.
      Wednesday’s hearing with Mark Zuckerberg, Jack Dorsey and Sundar Pichai will take place less than a week before election day and was convened to address section 230 of the Communications Decency Act, a law underpinning US internet regulation that exempts platforms from legal liability for content generated by its users.
      The hearing will investigate “how best to preserve the internet as a forum for open discourse”, according to the Senate judiciary committee, and it comes largely in response to allegations of anti-conservative bias in the tech world.
      Senate Republicans indicated they wanted to question Pichai and Zuckerberg in October to discuss issues related to section 230. Dorsey was added to the mix after Twitter restricted the circulation of a controversial New York Post article that featured potentially hacked materials relating to Joe Biden’s son Hunter.
      In prepared testimony for Wednesday’s hearing, Dorsey, CEO of Twitter, said eroding the foundation of section 230 “could collapse how we communicate on the internet, leaving only a small number of giant and well-funded technology companies”.
      Facebook’s Zuckerberg warned that tech companies were likely to censor more content to avoid legal risks if section 230 were repealed. “Without section 230, platforms could potentially be held liable for everything people say,” he said.
      The Facebook executive also argued that without the law, tech companies could face liability for doing even basic moderation, such as removing hate speech and harassment. He said he supported “updating” the rules for the internet if it were done with the potential consequences in mind.
      Pichai said Google approached its work without political bias and was able to offer the information it did because of existing legal frameworks such as section 230. “I would urge the committee to be very thoughtful about any changes to section 230 and to be very aware of the consequences those changes might have on businesses and consumers,” Pichai’s written testimony said.
      Republicans’ allegations that tech companies unfairly silence conservative voices is unsubstantiated. In fact, a recent report alleged that Facebook had suppressed progressive content to appease Republican lawmakers.
      Still, Donald Trump has repeatedly accused Twitter and Facebook of censoring him and has zeroed in on section 230 as one of the culprits. Trump has stepped up his criticism since the companies began to label or even remove posts by the president or his campaign that spread misinformation or call for violence.
      “Repeal section 230!!!” Trump tweeted on 6 October, after Twitter added a misinformation warning label to one of his tweets claiming the flu is more deadly than Covid-19.
      Ironically, the repeal of section 230 protections would probably lead social media platforms to take more, not less, action over Trump’s posts, as it would hold them legally liable for any falsehoods he posts. Experts say the effects would be comparable to what was seen with the passage of Fosta/Sesta, legislation that held platforms responsible for sexual service advertisements posted on their sites. The passage of those bills led to the removal of Craigslist personal ads and upended content policies on sites like Tumblr.
      Privacy advocates have long called for the protection of section 230, saying it is integral to internet freedom. The Electronic Frontier Foundation, a non-profit civil liberties group, called section 230 “the most important law protecting internet speech”.
      The Internet Society, another non-profit organization advocating for internet access, warned that poorly informed policy decisions on section 230 could bring “dire consequences” for what we are able to do online.
      That is because the law applies not only to platforms like Facebook and Twitter but to other internet infrastructure like domain name registries and internet service providers. Without section 230, these entities may have to approve content prior to posting or take other action that would significantly slow the flow of the internet as we know it.
      Despite the warnings, the modification of existing regulations has become a major point of contention in the run-up to the election, with both presidential candidates proposing section 230’s repeal. There have been an additional 20 attempts to amend or revoke the law in the past two years.
      In addition to discussions on reforming the law, the hearing will bring up issues about consumer privacy and media consolidation. On Tuesday, Senator Maria Cantwell, the top Democrat on the Senate commerce panel, released a report on how big tech platforms have decimated the local news industry, including newspapers and broadcasters.
      The tech executives will begin their testimony at 10am ET and all three will appear remotely.
      Reuters contributed reporting More

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      Amy Coney Barrett confirmed to supreme court in major victory for US conservatives

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      The US Senate has confirmed Amy Coney Barrett to the supreme court, delivering Donald Trump a huge but partisan victory just eight days before the election and locking in rightwing domination of the nation’s highest court for years to come.

      The vote was a formality, with senators divided almost entirely along party lines, voting 52 to 48 with just one Republican breaking ranks. But it still marked a seismic moment for Trump, for the supreme court and for American democracy.
      For the president, it meant his legacy on judicial appointees is secure whatever the outcome of next week’s election. Trump will have placed three conservative justices on the court, albeit in highly contentious circumstances.
      For the supreme court, it sealed an unassailable six to three balance between conservatives and liberal justices. The oldest of those conservatives, Clarence Thomas, is 72 and still has potentially many years to serve within his lifetime appointment.
      Mitch McConnell, the Republican majority leader, underlined the political importance of the moment when he said on Sunday: “A lot of what we’ve done over the last four years will be undone sooner or later by the next election. They won’t be able to do much about this for a long time to come.”
      For US democracy, the confirmation gives the conservative justices the upper hand on such hot-button issues as abortion, same-sex marriage and the climate crisis – areas where public opinion is firmly in favor of progressive change.

      Following the vote, a swearing-in ceremony was held at the White House. Trump introduced Barrett saying that her addition to the court carried forward “the cause of freedom”. In her speech, Barrett said she would conduct her new job “independently of both branches [of government] and of my own preferences”.
      She thanked the senate for “the confidence you have placed in me”, ignoring the inconvenient truth that half the political composition of the chamber had turned its back on her.
      The sole rebel from party ranks was the Republican senator Susan Collins who voted against Barrett’s confirmation. Earlier in the day Collins said she had based her decision not on the judge’s qualifications but on a sense of fairness, though Collins’s tough re-election fight in Maine no doubt focused her attention.
      The confirmation will leave a residue of bitter partisan rancor given the Republican rush to push Barrett through days before the election – the closest confirmation to a presidential election in US history – having refused four years ago to countenance Barack Obama’s pick for the supreme court on grounds that the people should decide.
      Chuck Schumer, the top Democrat in the Senate cast Barrett’s confirmation as one of the “darkest days in the 231-year history” of the Senate in his party’s closing arguments. Addressing his Republican peers, he said: “You may get Amy Coney Barrett on to the supreme court but you will never, never get your credibility back.”
      Joe Biden also protested the confirmation. During a campaign stop in Pennsylvania, he tweeted: “More than 60 million Americans have already voted. They deserve to have their voices heard on who replaced justice Ginsburg.”
      McConnell was dismissive of Democratic laments, deriding them as a 50-year-old tactic. “What they want is activist judges, a small panel of lawyers with elite education to reason backwards from outcomes and enlighten all the rest of us,” he said shortly before the Senate vote was called.
      Barrett, 48, becomes only the fifth woman to sit on the supreme court. Trump moved quickly to nominate her to succeed the liberal justice Ruth Bader Ginsburg, who died on 18 September at age 87. More

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      Trump plans new White House event for Amy Coney Barrett swearing-in

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      Senate expected to confirm supreme court nominee on MondayPrevious Barrett reception was branded a ‘superspreader event’US politics – live coverageDonald Trump was planning on Monday to dismiss public health concerns and hold a swearing-in ceremony within hours of Amy Coney Barrett’s expected Senate confirmation to the supreme court. Related: Amy Coney Barrett’s past calls into question her pledges of impartiality Continue reading… More

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      Trump assaulted American democracy – here's how Democrats can save it | Robert Reich

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      Barring a miracle, Amy Coney Barrett will be confirmed on Monday as the ninth justice on the US supreme court.
      This is a travesty of democracy.
      The vote on Barrett’s confirmation will occur just eight days before election day. By contrast, the Senate didn’t even hold a hearing on Merrick Garland, who Barack Obama nominated almost a year before the end of his term. Majority leader Mitch McConnell argued at the time that any vote should wait “until we have a new president”.
      Barrett was nominated by a president who lost the popular vote by nearly 3m ballots, and who was impeached by the House of Representatives. When Barrett joins the court, five of the nine justices will have been appointed by presidents who lost the popular vote.
      The Republican senators who will vote for her represent 15 million fewer Americans than their Democratic colleagues.
      Once on the high court, Barrett will join five other reactionaries who together will be able to declare laws unconstitutional, for perhaps a generation.
      Barrett’s confirmation is the culmination of years in which a shrinking and increasingly conservative, rural and white segment of the US population has been imposing its will on the rest of America. They’ve been bankrolled by big business, seeking lower taxes and fewer regulations.
      In the event Joe Biden becomes president on 20 January and both houses of Congress come under control of the Democrats, they can reverse this trend. It may be the last chance – both for the Democrats and, more importantly, for American democracy.
      How?
      For starters, increase the size of the supreme court. The constitution says nothing about the number of justices. The court changed size seven times in its first 80 years, from as few as five justices under John Adams to 10 under Abraham Lincoln.
      Biden says if elected he’ll create a bipartisan commission to study a possible court overhaul “because it’s getting out of whack”. That’s fine, but he’ll need to move quickly. The window of opportunity could close by the 2022 midterm elections.
      Second, abolish the Senate filibuster. Under current rules, 60 votes are needed to enact legislation. This means that if Democrats win a bare majority there, Republicans could block any new legislation Biden hopes to pass.
      The filibuster could be ended with a rule change requiring 51 votes. There is growing support among Democrats for doing this if they gain that many seats. During the campaign, Biden acknowledged that the filibuster has become a negative force in government.
      The filibuster is not in the constitution either.
      The most ambitious structural reform would be to rebalance the Senate itself. For decades, rural states have been emptying as the US population has shifted to vast megalopolises. The result is a growing disparity in representation, especially of nonwhite voters.
      For example, both California, with a population of 40 million, and Wyoming, whose population is 579,000, get two senators. If population trends continue, by 2040 some 40% of Americans will live in just five states, and half of America will be represented by 18 Senators, the other half by 82.
      This distortion also skews the electoral college, because each state’s number of electors equals its total of senators and representatives. Hence, the recent presidents who have lost the popular vote.
      This growing imbalance can be remedied by creating more states representing a larger majority of Americans. At the least, statehood should be granted to Washington DC. And given that one out of eight Americans now lives in California – whose economy, if it were a separate country, would be the ninth-largest in the world – why not split it into a North and South California?
      The constitution is also silent on the number of states.
      Those who recoil from structural reforms such as the three I’ve outlined warn that Republicans will retaliate when they return to power. That’s rubbish. Republicans have already altered the ground rules. In 2016, they failed to win a majority of votes cast for the House, Senate or the presidency, yet secured control of all three.
      Barrett’s ascent is the latest illustration of how grotesque the power imbalance has become, and how it continues to entrench itself ever more deeply. If not reversed soon, it will be impossible to remedy.
      What’s at stake is not partisan politics. It is representative government. If Democrats get the opportunity, they must redress this growing imbalance – for the sake of democracy.
      Robert Reich, a former US secretary of labor, is professor of public policy at the University of California at Berkeley and the author of Saving Capitalism: For the Many, Not the Few and The Common Good. His new book, The System: Who Rigged It, How We Fix It, is out now. He is a columnist for Guardian US More

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      Trump told Republican donors holding Senate will be 'tough' – report

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      Shortly after Donald Trump insisted to reporters in Ohio he expected a “red wave” on election day, 3 November, it was reported on Saturday that he told Republican donors this week it would be “tough” for the party to hold on to the Senate.Trump trails Joe Biden in most national and battleground state polls. Democrats hold the House of Representatives and expect to keep it, while many forecasters think they have a good chance of re-taking the Senate, which Republicans hold 53-47, thereby achieving unified government.“I think the Senate is tough actually,” the Washington Post said Trump told donors in Nashville, Tennessee, on Thursday, before his last debate against Biden, according to an anonymous attendee. “The Senate is very tough.”The Post said Trump also insisted Republicans “are going to take back the House”. As Democrats hold that chamber by 232-197, few forecasters think there is much chance of that.Senate Republicans face defeat in Colorado, Maine, Arizona and perhaps North Carolina. Supposedly safer seats in Georgia, Iowa and Montana look far from secure. Trump reportedly told donors North Carolina would hold and Alabama would be taken back, but said there were “a couple” of senators he did not want to help.“There are a couple senators I can’t really get involved in,” the Post quoted him as saying. “I just can’t do it. You lose your soul if you do. I can’t help some of them. I don’t want to help some of them.”Trump has clashed with senators including Ben Sasse of Nebraska, who offered harsh criticism and predicted “a Republican bloodbath in the Senate”.Sasse is among conservatives eyeing post-Trump presidential runs. Others usually loyal but under pressure at the polls, such as John Cornyn in Texas and Martha McSally in Arizona, have mounted cautious bids to be seen as independent.Even Mitch McConnell, the ruthless architect of the Republicans’ push to install federal judges under Trump, has said he thinks his party has a “50-50” chance of keeping control. The majority leader, 78, set for re-election despite a tough fight in Kentucky, has rebuffed questions about his health after he appeared with severe bruising to his hands and face.Control of the Senate has allowed Republicans to rush through the nomination of Amy Coney Barrett to succeed Ruth Bader Ginsburg on the supreme court, thereby tipping it 6-3 in favour of conservatives.If the White House and Senate are lost, a reactionary court would be Republicans’ bulwark against a Biden legislative agenda that could include reform to the court and the Senate.The court is due to hear a challenge to the Affordable Care Act, also known as Obamacare, on 10 November. Trump has said he wants the justices to bring the ACA down, thereby depriving millions of healthcare in a pandemic and kneecapping his own drive to defeat HIV.One senator who initially stood against the push for Barrett said during debate on Saturday she would vote to confirm. When the nomination comes to the floor on Monday, said Lisa Murkowski of Alaska, “I will be a yes. I have no doubt about her intellect … I have no doubt about her capability to do the job.”Generally a defender of abortion rights Democrats say Barrett will threaten, Murkowksi had said no new justice should be named before the election. More