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      Rushing to replace Ruth Bader Ginsburg, McConnell shows power trumps principle | Robert Reich

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      People in public life tend to fall into one of two broad categories – those motivated by principle, and those motivated by power.Justice Ruth Bader Ginsburg, who died on Friday night at the age of 87, exemplified the first.When he nominated her in 1993, Bill Clinton called her “the Thurgood Marshall of gender-equality law”, comparing her advocacy and lower-court rulings in pursuit of equal rights for women to the work of the great jurist who advanced the cause of equal rights for Black people. Ginsburg persuaded the supreme court that the 14th amendment’s guarantee of equal protection applied not only to racial discrimination but to sex discrimination as well.For Ginsburg, principle was everything – not only equal rights, but also the integrity of democracy. Always concerned about the consequences of her actions for the system as a whole, she advised young people “to fight for the things you care about but do it in a way that will lead others to join you”.My most fervent wish is that I will not be replaced until a new president is installedRuth Bader GinsburgMitch McConnell, the Senate majority leader, exemplifies the second category. He couldn’t care less about principle. He is motivated entirely by the pursuit of power.McConnell refused to allow the Senate to vote on Barack Obama’s nominee to the supreme court, Merrick Garland, in February 2016 – almost a year before the end of Obama’s second term – on the dubious grounds that the “vacancy should not be filled until we have a new president”.McConnell’s move was a pure power grab. No Senate leader had ever before asserted the right to block a vote on a president’s nominee to the supreme court.McConnell’s “principle” of waiting for a new president disappeared on Friday evening, after Ginsburg’s death was announced.Just weeks before one of the most consequential presidential elections in American history, when absentee voting has already begun in many states (and will start in McConnell’s own state of Kentucky in 25 days), McConnell announced: “President Trump’s nominee will receive a vote on the floor of the United States Senate.”This is, after all, the same Mitch McConnell who, soon after Trump was elected, ended the age-old requirement that supreme court nominees receive 60 votes to end debate and allow for a confirmation vote, and then, days later, pushed through Trump’s first nominee, Neil Gorsuch.Ginsburg and McConnell represent the opposite poles of public service today. The distinction doesn’t depend on whether someone is a jurist or legislator – I’ve known many lawmakers who cared more about principle than power, such as the late congressman John Lewis. It depends on values.Ginsburg refused to play power politics. As she passed her 80th birthday, near the start of Obama’s second term, she dismissed calls for her to retire in order to give Obama plenty of time to name her replacement, saying she planned to stay “as long as I can do the job full steam”, adding: “There will be a president after this one, and I’m hopeful that that president will be a fine president.”She hoped others would also live by principle, including McConnell and Trump. Just days before her death she said: “My most fervent wish is that I will not be replaced until a new president is installed.”Her wish will not be honored.McConnell’s ‘principle’ of waiting for a new president disappeared on Friday eveningIf McConnell cannot muster the Senate votes needed to confirm Trump’s nominee before the election, he’ll probably try to fill the vacancy in the lame-duck session after the election. He’s that shameless.Not even with Joe Biden president and control over both the House and Senate can Democrats do anything about this – except, perhaps, by playing power politics themselves: expanding the size of the court or restructuring it so justices on any given case are drawn from a pool of appellate judges.The deeper question is which will prevail in public life: McConnell’s power politics or Ginsburg’s dedication to principle?The problem for America, as for many other democracies at this point in history, is this is not an even match. Those who fight for power will bend or break rules to give themselves every advantage. Those who fight for principle are at an inherent disadvantage because bending or breaking rules undermines the very ideals they seek to uphold.Over time, the unbridled pursuit of power wears down democratic institutions, erodes public trust and breeds the sort of cynicism that invites despotism.The only bulwark is a public that holds power accountable – demanding stronger guardrails against its abuses, and voting power-mongers out of office.Ruth Bader Ginsburg often referred to Justice Louis Brandeis’s famous quote, that “the greatest menace to freedom is an inert people”. Indeed. More

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      Biden: successor to 'giant' Ginsburg should be decided by US election winner – video

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      Joe Biden says there is no doubt the next US supreme court justice should be chosen by the winner of the country’s presidential election, following the death of Ruth Bader Ginsburg on Friday.
      ‘She was fierce and unflinching in her pursuit of the civil legal rights of everyone,’ Biden said of Ginsburg, who had sat on the supreme court since 1993. ‘Her opinions and her dissent are going to continue to shape the basis for law for a generation.’
      Biden said her replacement should be selected by the winner of the election in November, citing precedent established by Senate Republicans in 2016, when they blocked Barack Obama’s attempt to replace justice Antonin Scalia in an election year
      McConnell vows to push on with Trump’s pick to replace Ginsburg
      Ruth Bader Ginsburg, supreme court justice, dies aged 87

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      Trump and Biden head for Minnesota as early voting begins in three states

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      Lines formed at polling stations in three states on Friday, 46 days out from 3 November, election day itself, as early voting began. Concern about ballot access under the pandemic has been widespread, particularly as Donald Trump continues to attack voting by mail with baseless claims of widespread fraud.In Minnesota, a state Hillary Clinton won by just 1.5 points in 2016 and which the Trump campaign is targeting, the president and Joe Biden were both on the campaign trail.In Virginia, the state’s two Democratic US senators were among early voters. At one site in Richmond, the state capital, dozens lined up before a polling station opened. CNN reported local officials as saying “they’ve never seen this many people show up on the first day”.Virginia was until recently a swing state but now leans firmly Democratic. Voting also began on Friday in South Dakota, which is solidly Republican.Trump has repeatedly said he wants to flip Minnesota in November, in hopes that it could offset losses elsewhere. He has visited regularly and has tailored policy moves to rural parts of the state, including reversing an Obama policy prohibiting the development of copper-nickel mining and bailing out soya bean, corn and other farmers hurt by Trump’s trade clashes with China.More recently, Trump has embraced a “law and order” message aimed at white voters concerned by protests against racism and police brutality which have sometimes turned violent. Minnesota saw unrest after the killing of George Floyd in Minneapolis in May.However, polls indicate Biden has a significant edge in the state. According to a Washington Post-ABC News poll this week, Biden leads by 16 points among likely voters, 57% to 41%.On Friday, Trump was scheduled to speak in Bemidji while Biden traveled to Duluth for a tour of a union training center. Duluth mayor Emily Larson told the Associated Press: “One of the things the Trump campaign has been very good about is visibility in Duluth, but also in areas around Duluth.”In Michigan, meanwhile, a judge handed down a key ruling concerning mail-in voting, writing that the state must accept ballots postmarked the day before election day, 3 November, which arrive in the weeks following.The decision will probably result in thousands more voters having their ballots counted in a key battleground state.In 2016, Trump won Michigan by about 10,000 votes. One of the top reasons mail-in ballots are rejected is because they arrive past the deadline to be counted: 6,405 ballots were rejected for that reason in Michigan’s August primary. Jocelyn Benson, a Democrat who is the state’s top election official, called for extending the deadline.The Covid-19 pandemic, coupled with reports of mail delays, have made that deadline unrealistic, wrote Judge Cynthia Diane Stevens of the Michigan court of claims.“Some flexibility must be built into the deadline in order to account for the significant inability of mail to arrive on what would typically be a reliable, predictable schedule,” the judge wrote, ordering ballots counted as long as they are postmarked by 2 November and arrive within 14 days of election day.The ruling was the second in two days extending ballot deadlines in a key state. On Thursday, the Pennsylvania supreme court blocked the state from enforcing an election night deadline for absentee ballots, instead ordering it to count them as long as they are postmarked by election day and arrive by the following Friday.The Michigan ruling was in a suit filed by Priorities USA, a Democratic group. Michigan also restricts who can return an absentee ballot on behalf of a voter. Stevens, citing the pandemic, said the state could not enforce those restrictions from the Friday before election day through election night. More

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      Republican memo warns US Senate ‘at risk’ of falling into Democratic control

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      A memo by Senate Republicans’ campaign arm has admitted that control of the upper chamber is “at risk” and that Democrats could win the Senate in November’s elections.The September 2020 political update from the National Republican Senatorial Committee summarizes the state of the race of 10 states with Senate races around the country and how the outcome of each could factor into whether Republicans or Democrats control the chamber in January.The memo, obtained by the Guardian, has been circulating among political operatives, donors and interested parties. It comes just shy of 50 days before the November 2020 elections.“The next few weeks will define the future of our country for generations to come,” the NRSC memo reads.Memos like these are often shaped like dispassionate updates but in actuality they are often used to convince interested parties that races slipping out of reach are still in play. They are also often used to juice donations to lagging candidates and counter trending narratives.Democrats need to pick up three or four seats to take control of the Senate. The fact that the NRSC memo categorizes seven Senate races as ones that simply can’t be lost or deserve serious attention suggests that it’s possible, but not certain that Democrats can take control of the Senate.“Make no mistake: the Senate Majority is at risk. Beyond the four battleground states of Colorado, North Carolina, Arizona and Maine, Democrats are going on offense in historically red states like Montana, Iowa and Georgia,” the memo continues. “They’re even eyeing states like South Carolina, where [Democrat] Jaime Harrison just reported raising a staggering $10.6m in August alone.”The memo goes on to list four states under its “firewall” rubric: Iowa, Montana, Georgia and Kansas. Those states generally trend red but Democrats have staked their hopes on candidates with track records of appealing to both Republicans and Democrats or can rally key voting blocs.All four of those states, though, are usually more fertile ground for Republicans. Georgia, in particular, has been a state Democrats have hoped to flip for the last few presidential cycles.Three states fall under the memo’s “battleground” rubric and they have all been trending toward Democrats in the past few cycles. The Arizona Democrat Mark Kelly, in particular, has consistently maintained a low double-digit or high single-digit lead over the incumbent Republican senator Martha McSally.The memo also warns that “North Carolina will be a knife fight in a phone booth until the end …”Still, the memo urges Republicans to take solace that despite the “defensive map” all is not lost. Republicans are highly likely to flip at least one Senate seat: Alabama.Notably, two major Senate races are not on this list; Kentucky and Texas. For years Democrats have vainly promised that one day Texas would flip in a statewide race. But its leaning remains toward Republicans. In Kentucky, the Senate majority leader, Mitch McConnell, is up for re-election. That race’s omission from the memo suggests that the Senate leader’s re-election is not a pressing concern for Republicans. More