More stories

  • in

    Trump says US looking at land attacks in Venezuela after lethal strikes on boats – live

    Asked in the Oval Office if the US is considering strikes on suspected drug cartels inside Venezuela, after lethal strikes on suspected drug smugglers at sea, Donald Trump just said that the administration is “looking at land”.The president also claimed, without citing evidence, that every strike on a suspected drug smuggling speedboat saves thousands of lives in the US. “Every boat that we knock out, we save 25,000 lives,” Trump said.Gavin Newsom, the Democratic governor of California, on Wednesday urged the Republican-led House oversight committee to launch an investigation into the “vile and offensive” text messages exchanged between leaders of Young Republican groups.The request follows a report in Politico that revealed more than 28,000 Telegram messages sent between Young Republican leaders over the course of seven months, in which they refer to Black people as monkeys, praise Hitler, and repeatedly make glib remarks about gas chambers, slavery and rape.“Calling for gas chambers. Expressing love for Hitler. Endorsing rape. Using racist slurs. This is not a ‘joke’, and it is not fringe,” Newsom said in a statement. “If Congress can investigate universities for failing to stop antisemitism, it must also investigate politicians’ own allies who are openly celebrating it.”With Republicans in control of the House, the oversight committee is unlikely to act.In the letter addressed to James Comer, the Republican committee chair and an ally of the president, Newsom notes that while House Republicans have made combating antisemitism a priority, few party leaders have publicly condemned the messages revealed in the report.Democrats such as the New York governor, Kathy Hochul, expressed outrage over the messages, and some GOP groups, like the Young Republican National Federation, have called for resignations.But the vice-president, JD Vance, said that he refused to “join the pearl clutching” over what he inaccurately described as “a college group chat”.Vance recently expressed support for the effort to track down, intimidate and harass people who voiced criticism of Charlie Kirk after his assassination.Donald Trump told reporters in the Oval Office on Wednesday that he might go to the supreme court next month when it hears his administration’s appeal of two prior court rulings against his imposition of sweeping tariffs under an economic emergency that appears to exist only in his mind.A trade court and an appeals court have both found that Trump exceeded his authority by imposing global tariffs citing provisions of the International Emergency Economic Powers Act.On Wednesday, Trump also claimed that he had used the threat of tariffs to stop the escalation of fighting this year between India and Pakistan, two nuclear-armed nations.Indian officials have said that Trump’s intervention had nothing to do with the end of hostilities.Donald Trump has finished speaking in the Oval Office. After he recited a long series of previously aired grievances, he confirmed, for the first time, that he authorized the CIA to conduct covert operations in Venezuela, marking a sharp escalation in the administration’s apparent effort to drive the country’s president, Nicolás Maduro, from power.Donald Trump just claimed that the number of Hamas fighters killed by Israel, with US support, exceeds the entire estimated death toll in the Gaza Strip in the past two years.“We, meaning Israel, but I knew everything they were doing, pretty much, I knew most of the things they were doing,” Trump told reporters in the Oval Office, “they’ve killed probably 70,000 of these people, Hamas.”As the United Nations reported last week, there have been 67,183 fatalities and 169,841 injuries reported to the Gaza ministry of health since 7 October 2023.The dead included 20,179 children, 10,427 women, 4,813 elderly people and 31,754 adult men.In May of this year, a joint investigation by the Guardian, the Israeli-Palestinian publication +972 Magazine and the Hebrew-language outlet Local Call found that Israel’s military intelligence database of Hamas and Palestinian Islamic Jihad fighters had 47,653 names. Of them, 8,900 were marked as killed or probably killed.Trump went on to claim that Hamas had agreed to surrender its weapons, but, while Hamas leaders said earlier this year that they would consider giving up the group’s heavy weapons, such as rockets and missiles, on Saturday a senior Hamas official told Agence France-Presse that disarmament was “out of the question”, adding: “The demand that we hand over our weapons is not up for negotiation.”Nevertheless, Trump said on Wednesday: “We want the weapons to be given up, sacrificed, and they’ve agreed to do it. Now they have to do it, and if they don’t do it, we’ll do it.”Asked by a reporter if that meant the US military might be directly involved in disarming the Palestinian militants, Trump replied, again apparently referring to US support for Israel’s military: “We won’t need the US military … because we’re very much involved.”To defend lethal US military strikes on suspected drug smugglers, Donald Trump just repeated his familiar but baseless claim that Venezuela “emptied” its prisons and “insane asylums” by sending incarcerated people into the United States as undocumented immigrants during the Biden administration.“Many countries have done it,” Trump claimed.As the Marshall Project reported a year ago, before the 2024 election, Trump had already made this claim more than 500 times without a shred of evidence.Asked in the Oval Office if the US is considering strikes on suspected drug cartels inside Venezuela, after lethal strikes on suspected drug smugglers at sea, Donald Trump just said that the administration is “looking at land”.The president also claimed, without citing evidence, that every strike on a suspected drug smuggling speedboat saves thousands of lives in the US. “Every boat that we knock out, we save 25,000 lives,” Trump said.Kash Patel, the FBI director, is speaking to members of the press now.“In just a three-month span, you had 8,700 arrests of violent criminals. You had 2,200 firearms seized off the streets permanently, to safeguard our communities. You had 421kg of fentanyl seized. Just to put that in perspective, that’s enough to kill 55 million Americans alone,” Patel said.He then compared the number of arrests since Trump returned to the White House with the yearly arrests of violent criminals during the Biden administration.“You have 28,600 arrests of violent criminals in just seven months alone, because of your leadership,” Patel said, praising the president in the process.“It’s a mess, and we have great support in San Francisco,” Trump said of the city and California governor Gavin Newsom’s home town.“Every American deserves to live in a community where they’re not afraid of being mugged, murdered, robbed, raped, assaulted or shot, and that’s exactly what our administration is working to deliver.”Trump touted the success of federal law enforcement in Washington DC.“It’s been so nice because so many people, they’re going out to dinner, and they’re having dinners they wouldn’t, they didn’t go out for four years, and now they’re going out three times a week,” he said.He went on to complain that the only thing in his way in other major cities is “radical left governors”.The president begins his press conference saying that he’s here to talk about “Operation Summer Heat”. He’s flanked by the FBI director, Kash Patel.“Over the past few months, FBI offices in all 50 states made crushing violent crime a top enforcement priority. That’s what they did, rounding up and arresting thousands of the most violent and dangerous criminals,” Trump said.Brown University is the latest institution to reject the White House’s offer to join a “Compact of Academic Excellence” – the controversial agreement which would provide preferential treatment to colleges that carry out several of the administration’s education policies, including ending diversity initiatives and capping international student enrollment.In a letter to the education secretary, Linda McMahon, Brown’s president. Christina H Paxson, said she’s concerned the compact would “restrict academic freedom and undermine the autonomy of Brown’s governance”.She added:
    A fundamental part of academic excellence is awarding research funding on the merits of the research being proposed. The cover letter describing the compact contemplates funding research on criteria other than the soundness and likely impact of research, which would ultimately damage the health and prosperity of Americans.
    The Massachusetts Institute of Technology (MIT) became the first university to reject the invitation to join the compact, before the White House extended the option to all higher education institutes across the country.The Senate has rejected a House-passed funding bill to reopen the federal government, as the shutdown enters its 15th day.With a vote of 51-44, this is the ninth time that the funding extension has failed to meet the 60-member threshold needed to advance in the upper chamber.According to Pentagon spokesperson Sean Parnell, the plane carrying the US defense secretary, Pete Hegseth, back from a meeting of Nato ministers in the UK had to make an unscheduled landing “due to a crack in the aircraft windshield”.Parnell added: “The plane landed based on standard procedures and everyone onboard, including Secretary Hegseth, is safe.”

    A federal judge temporarily blocked the Trump administration from carrying out layoffs during the ongoing government shutdown. In a lawsuit brought by the American Federation of Government Employees (AFGE) challenging the reductions in force that the Trump administration enacted last week, Judge Susan Illston said that the mass firings across agencies, which amounted to more than 4,000 layoffs, are an example of the administration taking “advantage of the lapse in government spending, in government functioning, to assume that that all bets are off, that the laws don’t apply to them any more”. Illston blocked the administration from laying off any federal employees because of, or during, the shutdown, and has stopped them from taking action on the already issued reductions in force for at least two weeks.

    While that hearing was under way, the White House budget director maintained that the firings are far from over. Russell Vought, the director of the office of management and budget – has said that the current reductions in force are just a “snapshot”. He added that the total amount could end up being about 10,000.

    The supreme court heard two and a half hours of oral arguments today in a case that could thwart a key provision of the Voting Rights Act (VRA). The conservative majority on the bench seemed sympathetic to the case, made by lawyers for Louisiana, a group of “non-African American voters” and the Trump administration. They all argue that a 2024 congressional map, which created a second majority-Black district in Louisiana, violates the constitution. If the court rules in their favor, it could ultimately diminish section 2 of the VRA, which prohibits electoral practices that dilute the voting power of minority groups. It would also limit the ability of legislatures from drawing maps with racial demographics in mind, and could cost Democrats several House seats in Republican-led states.

    Also in Washington, the government shutdown enters day 15, with no end in sight. Republicans and Democrats in Congress held press conferences at the US Capitol, and continued to exchange barbs – blaming the other party for the lapse in funding. The House speaker, Mike Johnson, said that he spoke with Donald Trump on Tuesday, adding that Republicans are “forlorn” and not taking “any pleasure” in the length of the shutdown and the mass layoffs implemented by the White House budget office. Meanwhile, Hakeem Jeffries slammed the administration for offering a $20bn cash bailout to Argentina, but not “spending a dime on affordable healthcare for Americans”. CSPAN also reported that Johnson and Jeffries have both accepted an invitation to debate on the network. The date has yet to be announced.

    Today, Johnson also accused a group of Democrats of “storming” his office, showing “disdain for law enforcement” and playing “political games”. On Tuesday evening, a group of Democrats including Adelita Grijalva, the Democratic representative-elect for Arizona, marched to Johnson’s office, chanting “swear her in” and demanding that she be seated after she won a special election in her state over three weeks ago. Arizona’s attorney general, Kris Mayes, has threatened legal action against Johnson for failing to seat Grijalva, and Grijalva said she has also been exploring her legal options for officially claiming her seat.
    In her order, Judge Illston has temporarily blocked the administration from laying off any federal employees because of or during the shutdown, and has stopped them from taking action on the already issued reductions in force for at least two weeks.She’ll lay out further details in her written ruling later today, but said that the administration will need to provide a plan outlining how they have complied with her order within two business days. Illston said that she will schedule a preliminary injunction hearing in roughly two weeks’ time. “It would be wonderful to know what the government’s position is on the merits of this case,” Illston added. “My breath is bated until we find that.”Judge Susan Illston has issued a temporary restraining order, blocking the firing of federal workers during the ongoing government shutdown. More

  • in

    ‘The stakes are quite large’: US supreme court case could gut Voting Rights Act

    The US supreme court is set to hear a case this month that could gut what remains of the Voting Rights Act, effectively killing one of the crown jewels of the civil rights movement and the nation’s most powerful statute to prevent discrimination in voting.The court’s decision in the case, Louisiana v Callais, could be one of the most consequential rulings for the Voting Rights Act since it was enacted in 1965 and is almost certainly the biggest test for the law since its decision in Shelby county v Holder in 2013, when the justices hollowed out a provision of the law, section five, that required certain places to get voting changes approved by the federal government before they go into effect.The supreme court is considering the constitutionality of the most powerful remaining provision of the Voting Rights Act: section two. The measure outlaws election practices that are racially discriminatory and has been the tool that minority voters and voting rights advocates have frequently turned to challenge redistricting plans – from congressional districts to county commissions and school boards – that group voters in such a way to dilute the political influence of a minority group.Getting rid of section two, or severely limiting the ways in which it can be applied, would effectively kill the Voting Rights Act. It would take away the most powerful tool voters have to challenge racially discriminatory districts.“The stakes are potentially quite large,” said Sophia Lin Lakin, the director of the voting rights project at the American Civil Liberties Union. “The outcome of the case will not only determine the next steps for Louisiana’s congressional map, but may also shape the future of redistricting cases nationwide.”The dispute at the court is focused on a challenge by white voters to a majority-Black district in Louisiana that stretches from Shreveport to Baton Rouge. The justices already heard oral argument in the case in March that focused on whether Louisiana Republicans had overly relied on race when they redrew the district in response to a Section 2 lawsuit by Black voters. In an unusual move, the court did not reach a decision at the end of the court’s term this summer, and instead set the case for re-argument this fall.The justices announced in August they wanted the parties to submit briefing on whether Louisiana’s “intentional creation of a second majority-minority congressional district violates the fourteenth or fifteenth amendments to the US constitution”. The 14th amendment guarantees equal protection of law for all US citizens and the 15th amendment prohibits the government from denying someone the right to vote based on their race.The question raised the stakes of the case at the court, giving opponents of the law a chance to argue that the landmark civil rights statute should either be significantly narrowed or struck down entirely.“The challengers and the state do not limit themselves to whether conditions in Louisiana continue to justify application of the Voting Rights Act there,” said Stuart Naifeh, a lawyer with the NAACP Legal Defense and Educational Fund, which is representing voters defending the existing map. “They have attempted to expand the question beyond what the court has asked. And they argue that section two is not constitutional at all, anywhere.”There are many possibilities for how the court could rule. The justices could beat back those arguments and affirm the constitutionality of section two. The court could also say once and for all that the provision is unconstitutional, dealing a fatal blow to the Voting Rights Act. It could also rule somewhere in between, leaving section two intact, but make the test to deploy it much harder, in effect neutering it.“The two key pillars, at least since 1982, were section two and section five,” said Richard Hasen, an election law scholar at the University of California Los Angeles. “Shelby county already knocked down one of those pillars, and this case could potentially either knock it down or render it so weak that you might as well say it’s been knocked down.” He added that weakening but not killing section two might “potentially avoid some of the political cost”.The case arrives at the court after many of the court’s conservative justices have openly expressed skepticism about the continued need for section two. “The authority to conduct race-based redistricting cannot extend indefinitely into the future,” Justice Brett Kavanaugh wrote in a 2023 concurring opinion, a remark that was widely seen as an ominous sign for section two. Justice Clarence Thomas has long publicly said he thinks the statute is unconstitutional when it comes to redistricting.Congress amended section two in 1982 to clarify that it outlawed practices that resulted in discriminations – one did not need to prove intent. Working as an attorney in the justice department, John Roberts advocated strongly against those amendments.The consequences of gutting section two would be drastic, Lakin and other attorneys representing Black voters defending Louisiana’s current map wrote in a brief to the justices.“Without section two, jurisdictions could simply eliminate minority opportunity districts even where they remain necessary for voters of color to have any opportunity to elect candidates of choice, wiping out minority representation and re-segregating legislatures, city councils, and school boards – as some have recently attempted to do,” they wrote. “Districts based in obvious majority-minority communities, like Harlem or Tuskegee, could be divided along obvious racial lines without consequence.” Louisiana legislators reportedly have already been asked to hold dates for a possible special session on redistricting after the oral argument this fall.The case before the court on 15 October involves a long and twisted saga over Louisiana’s congressional map, which Linda Greenhouse, who covered the supreme court for decades for the New York Times, called “without doubt the most complicated voting rights case I have ever encountered”.After the 2020 census, the state drew a congressional map that had only one majority-Black district out of six, even though Black voters make up about a third of eligible voters in the state. Black voters sued the state under the Voting Rights Act. Two courts agreed with their claims and the state eventually drew a new map that created a second majority-minority district. Wanting to protect powerful incumbents in the state, including the House speaker, Mike Johnson, and Representative Julia Letlow, while also being majority-Black, the new district has an extremely odd-shape.But after the new maps went into effect, a group of white voters sued in a different court, arguing the new district improperly sorted voters based on their race. A court agreed with that argument in 2024, but the US supreme court allowed the redrawn map to go into effect for last fall’s election. Cleo Fields, a Black Democrat, won the district by more than 13 points.His win was a big deal for people like Martha Davis, who worked as both a teacher and administrator for 40 years. She still remembers waiting in segregated waiting rooms as a young girl and going to a segregated Catholic school, where she got used books from the white Catholic school. Now, she lives in North Baton Rouge. “It’s like the wrong side of the track. It’s like the forgotten area,” said Davis, who was one of the Black voters who sued Louisiana over its original map. “There are no hospitals nearby, no grocery stores nearby. The streets are deplorable. Nobody could care less what happens in that part of town.“The fact that we were able to choose somebody that looks like me, somebody who knows what our needs are, and fight for us – that made me overjoyed,” she said.Fields’s win also made a difference to Davante Lewis, a member of the Louisiana public service commission who represents the Baton Rouge area. He said that since Fields’s election last year, it had been easier to get help on federal issues like disaster relief.“When we need help for certain areas, you want your member of Congress to know it,” said Lewis, who was also one of the plaintiffs in the original suit challenging Louisiana’s map. “You don’t want them to be 170 miles away, who have no connection to where you are.”When the case was before the supreme court in March, Louisiana defended its redrawn map – saying it had made a good faith effort to comply with the constitution and the Voting Rights Act after judges had blocked their original plan. But after the justices invited further briefing, the state switched its position and now says that its map is unconstitutional.There isn’t the kind of ongoing discrimination that would justify bringing racial considerations into redistricting, the state’s lawyers say. They argue that the supreme court has only recognized two contexts in which it is acceptable for the government to take race-based action: remedying specific past instances of discrimination and avoiding imminent safety risks in prisons, like preventing a race riot.“Those two interests share a critical feature that section two lacks: They turn on a specific harm and permit only a correspondingly narrow, temporary remedy,” they wrote in their own brief to the court. “Race-based redistricting pursuant to section two, by contrast, is nothing of the sort. It presents no imminent danger to human safety. In its heartland application today, it also has nothing to do with remedying past intentional discrimination, let alone specific, identified instances of intentional discrimination.”The US supreme court has allowed mapmakers to use race in drawing districts if it is in service of a “compelling interest” and its use is “narrowly tailored” to that interest. Writing for the court in a 2017 case, Justice Elena Kagan noted the justices had “long assumed” that complying with the Voting Rights Act was a compelling interest.Those defending the maps argue that supreme court precedent already requires them to clear a series of high hurdles to show that race-conscious redistricting is needed in a section two case. It is difficult to win a section two case. From 2012 to 2021 there were 48 section two cases dealing with vote dilution filed and just 21 of them were successful, according to data collected by the Voting Rights Institute at the University of Michigan. Clearing those hurdles, those defending Louisiana’s map say, requires them to show that there is ongoing discrimination.“Section two’s permanent nature does not mean that its application is without limitation. Congress ensured that section two’s results test is appropriately constrained and requires a remedy only where race is already shaping political decision-making,” they wrote in their brief to the court. “Where voting is starkly racially polarized, leading to a pattern of persistent and ongoing electoral losses for candidates preferred by a cohesive minority voting bloc, as is true in Louisiana, those current conditions may give rise to the need for a race conscious remedy for unlawful racial vote dilution.”The Trump administration has filed a brief in the case siding with the white voters challenging the map and urging the supreme court to make it harder to win a section two case. Since Trump’s inauguration, the justice department has withdrawn from all of its pending section two cases and has not filed any new ones. “Too often, section two is deployed as a form of electoral race-based affirmative action to undo a state’s constitutional pursuit of political ends.”Davis, the former teacher who recalled growing up during segregation, expressed disbelief at the argument that the Voting Rights Act was no longer needed. “The fact that they want to take that away, it’s like we just keep fighting and fighting and fighting, when does it end?” More

  • in

    Schumer rejects Trump’s claim that bipartisan government shutdown negotiations are under way – live

    Senate Democratic leader Chuck Schumer rejected President Donald Trump’s claim that negotiations with Democrats are underway.“Trump’s claim isn’t true — but if he’s finally ready to work with Democrats, we’ll be at the table,” Schumer said in a statement. “For months, Democrats have been calling on Donald Trump and Congressional Republicans to come to the table and work with us to deliver lower costs and better healthcare for the American people.”He added: “If President Trump and Republicans are finally ready to sit down and get something done on healthcare for American families, Democrats will be there — ready to make it happen.”Earlier today, Trump told reporters that “we are speaking with Democrats” regarding the ongoing government shutdown and that “some good things could happen with health care.”“Just hang in there, because I think a lot of good things could happen, and that could also pertain to health care,” Trump said.Donald Trump signed an executive order to allow construction of an access road to the Ambler mining district in Alaska and unlock domestic supplies of copper and other minerals, reversing an order from former President Joe Biden.The Biden administration had rejected a 211-mile road intended to enable mine development in the north central Alaskan region. Biden’s Interior Department had cited risks to caribou and fish populations that dozens of native communities rely on for subsistence.“This is something that should have been long operating and making billions of dollars for our country and supplying a lot of energy and minerals and everything else that we are talking about,” Trump said earlier today.“On day one, he signed a very important executive order unleashing Alaska’s extraordinary resource potential,” the interior secretary, Doug Burgum, said on Monday. “And this is part of the continuation. There’s a number of things that have already happened with Alaska that are moving forward. There’s more to come. But big milestone today in reversing this Biden-era decision about the Ambler Road.”Senate Democratic leader Chuck Schumer rejected President Donald Trump’s claim that negotiations with Democrats are underway.“Trump’s claim isn’t true — but if he’s finally ready to work with Democrats, we’ll be at the table,” Schumer said in a statement. “For months, Democrats have been calling on Donald Trump and Congressional Republicans to come to the table and work with us to deliver lower costs and better healthcare for the American people.”He added: “If President Trump and Republicans are finally ready to sit down and get something done on healthcare for American families, Democrats will be there — ready to make it happen.”Earlier today, Trump told reporters that “we are speaking with Democrats” regarding the ongoing government shutdown and that “some good things could happen with health care.”“Just hang in there, because I think a lot of good things could happen, and that could also pertain to health care,” Trump said.While speaking to reporters on Monday, President Donald Trump said that “Puff Daddy” has contacted him about a pardon.He’s referring to Sean “Diddy” Combs, who was sentenced on Friday to more than four years in prison on federal prostitution-related charges. Trump made these remarks while answering questions about the possibility of pardoning Ghislaine Maxwell, who was convicted on sex trafficking charges, after the Supreme Court declined to hear her appeal.“I have a lot of people who have asked me for pardons,” President Trump said. “Puff Daddy has asked me for a pardon.”Regarding Maxwell’s appeal, Trump said: “I’m gonna have to take a look at it. I have to ask DOJ. I didn’t know they rejected it. I didn’t know she was even asking for it.”Voting is officially underway in California, the final step of lightning speed campaign to temporarily redraw the state’s Congressional districts.Proposition 50, known as the Election Rigging Response Act, was brought by Governor Gavin Newsom and California Democrats to offset Texas’s gerrymander, drawn at Donald Trump’s behest, that aims to safeguard Republicans’ fragile House majority next year.Unlike Texas and Missouri, where the Republican legislature approved a new map carved up in their favor, the effort in California will be decided by voters.Ballots have been mailed and the “yes” and “no” campaigns are in full swing. Polling suggests the yes campaign has the edge in the blue state that has been tormented by Trump since his return to office.Proponents have put the president at the center of their campaign, arguing that it is the best chance Democrats – and the country – has to put a check on Trump’s second term. Opponents argue that the new maps – designed to help elect five more Democrats to Congress – disenfranchise the millions of Republican voters in the state, while dismantling the work of the state’s independent commission, long considered a gold standard in fair map-drawing.While surveys consistently find that voters prefer independent redistricting and do not trust politicians to control the process, Newsom and Democrats have argued that their plan is both temporary and necessary to respond to Trump’s “powergrabs” in red states.The measure asks voters to amend the state constitution to adopt a new congressional map for 2026 through 2030. Election Day is 4 November.Michael Ellis, the deputy director of the CIA, unexpectedly removed a career lawyer who had been serving as the agency’s acting general counsel since January and appointed himself to the position, The New York Times reports.Ellis, who was involved in a number of controversies during President Trump’s first term, is keeping his role as the agency’s second-highest official while assuming responsibility for the agency’s top legal decisions.The reason behind his move remains unclear, but it has raised concern among current and former intelligence officials, according to the Times.President Donald Trump on Monday said that he would be open to striking a deal on Affordable Care Act subsidies that are at the heart of the government shutdown fight.But he also noted that “billions and billions” of dollars are being wasted, nodding to arguments from conservatives who do not want the health subsidies extended.“We are speaking with the Democrats,” Trump said, adding: “some very good things” could happen.Trump, who had been teasing layoffs for the last several days, said that if a Senate vote later Monday to reopen the government fails, “it could” trigger mass firings.“It could,” he said. “At some point it will.”A CBS News/YouGov survey shows that more Americans blame President Trump and congressional Republicans for the government shutdown than congressional Democrats.According to the poll, 39% of US adults say Trump and the GOP deserve most of the blame, compared to 30% who fault Democrats and 31% who place equal blame on both sides.A majority (52%) disapprove of how Trump and Republicans are handling the shutdown, while 49% disapprove of Democrats.Social Security Administration commissioner Frank Bisignano was named to the newly created position of CEO of the IRS today, making him the latest member of the Trump administration to be put in charge of multiple federal agencies.As IRS CEO, Bisignano will report to Treasury secretary Scott Bessent, who currently serves as acting commissioner of the IRS, the Treasury Department says. It is unclear whether Bisignano’s newly created role at the IRS will require Senate confirmation.The Treasury Department said in a statement that Bisignano will be responsible for overseeing all day-to-day IRS operations while also continuing to serve in his role as commissioner of the Social Security Administration.JB Pritzker, Illinois’ Democratic governor, said today that the federal immigration agents have “terrorized” people in his state in recent months.“They aren’t receiving any orders from Trump to cease and desist their aggressive behavior. Remember, they answer only to Trump, not to the people of Illinois,” Pritzker said. “Their plan all along has been to cause chaos that and then they can use that chaos to consolidate Donald Trump’s power. They think they can fool us all into thinking that the way to get out of this crisis that they created is to give them free rein.”Addressing reporters today, Illinois governor JB Pritzker said today that he plans to use “every lever” to resist the “power grab” from the Trump administration to quell protests in Chicago by deploying national guard troops.The state has now filed a lawsuit to block the president’s move to federalize troops. Earlier, a federal judge did not block the deployment immediately, but has given the justice department two days to respond in writing to the state’s temporary restraining order motion. The next hearing is set for Thursday.Per my earlier post, noting that the Chicago mayor has signed an executive order which prevents federal immigration agents from using city property for immigration staging, the White House has responded, calling the move “a sick policy” that “coddles criminal illegal alien killers, rapists, and gangbangers who prey on innocent Americans”. Donald Trump has announced that all “Medium and Heavy Duty Trucks” coming to the US from other countries will be subject to a 25% tariff starting 1 November.

    The White House criticized a Trump-appointed judge’s ruling, which temporarily blocked the deployment of national guard troops from Oregon and California. At a press briefing today, Karoline Leavitt said Judge Karin Immergut’s decision was “untethered in reality”, and said the administration was hopeful that the ninth US circuit court of appeals would rule in the president’s favor. Immergut said there was no evidence that persistent protests outside the immigration facility in Portland constituted an “invasion” – which could allow Trump to federalize guardsmen. The White House said that the facility is “under siege” by “anarchists”.

    In the midwest, Illinois has sued the Trump administration to block the deployment of hundreds of national guard troops to the streets of Chicago. In the lawsuit, leaders in the state say that Trump is using a “flimsy pretext”, which alleges an Immigration and Customs Enforcement (Ice) facility in a Chicago suburb needs protecting as protests outside the building over Trump’s immigration crackdown continue. A reminder that over the weekend, the president sought to federalize up to 300 members of the Illinois national guard, despite the objections of the Democratic governor JB Pritzker. Trump sent another 400 from Texas, which Republican governor Greg Abbott has said he authorized.

    It is the sixth day of the government shutdown, and both parties continue to trade barbs over who is to blame. Congressional republicans say and the White House say that the ball is in the Democrats’ court, to pass a “clean” funding bill, and tackle healthcare negotiations once the government reopens. Meanwhile, Democrats say that their colleagues across the aisle have stonewalled any attempts at compromise. Earlier today, Karoline Leavitt said that any layoffs would be an “unfortunate consequence” of the shutdown, again laying blame at Democrats’ feet.

    The Senate will hold votes later today on the dueling stopgap funding bills, which are set to fail … yet again. The House of Representatives remains out of session, after Republican speaker Mike Johnson said that he wouldn’t be calling lawmakers back to Capitol Hill until the Senate advances the House-passed extension, known as a continuing resolution.

    The supreme court rejected Ghislaine Maxwell’s challenge of her criminal conviction for recruiting and grooming minors who were sexually abused by her former boyfriend Jeffrey Epstein. Maxwell is serving a 20-year sentence for sex trafficking crimes. Two lower federal courts have ruled that a plea deal Epstein struck in 2007, which protected his co-conspirators, didn’t extend to Maxwell’s federal conviction.

    Beyond the beltway, delegations from Israel, Hamas and the US began negotiations in Egypt today. The White House said that it hopes for a swift release of all remaining Israeli hostages and Palestinian prisoners so that a lasting peace deal can be reached in the region.
    The cause of a huge fire at the beachfront home of a South Carolina judge who had reportedly been subjected to death threats is being investigated by state law enforcement investigators.The blaze at the home of Diane Goodstein – a Democrat-appointed circuit court judge – erupted on Saturday, sending three members of her family to the hospital, including her husband, a former state senator.However, Goodstein, 69, was walking her dogs at the time the blaze erupted at the three-story home in the luxury gated community on Edisto Beach in Colleton county.A spokesperson for the South Carolina state law enforcement division (Sled) confirmed it was investigating a fire in the county. “The investigation is active and ongoing. More information may be available as the investigation continues,” a Sled spokesperson told FITSNews.For his part, John Kittredge, the South Carolina chief justice, told the outlet: “At this time, we do not know whether the fire was accidental or arson. Until that determination is made, Sled chief Mark Keel has alerted local law enforcement to provide extra patrols and security.”Goodstein, who has served on the state judicial bench since 1989, in September issued a temporary injunction on the release of the state’s voter files to the Trump administration-led US justice department.Goodstein’s ruling was later publicly criticized by an assistant attorney general for the justice department’s civil rights division, Harmeet Dhillon. The division has been at the forefront of efforts to acquire information, including names, addresses, driver’s license numbers and social security numbers, of more than 3 million registered voters under an executive order targeting “non-citizen voter registration”. More

  • in

    Why does the supreme court keep bending the knee to Trump? | Steven Greenhouse

    Two 0f the world’s best-known authoritarian leaders – Viktor Orbán, Hungary’s prime minister, and Recep Tayyip Erdoğan, Turkey’s president – have each had at least 15 years at their country’s helm to pack the courts with loyalists and to pressure and intimidate judges. And no surprise, judges in those countries have repeatedly done what Orbán and Erdoğan want.Donald Trump has not had the opportunity to pack the US supreme court to nearly the same degree. Nor has he, despite his brash, bullying ways, done much to pressure or browbeat the court’s nine justices. Nevertheless, the court’s conservative supermajority has ruled time after time in favor of Trump since he returned to office. The six conservative justices have fallen into line much like Hungary’s and Turkey’s judges, even though the supreme court’s justices have life tenure to insulate them from political pressures.With the court’s new term beginning on Monday, many Americans are dismayed that the conservative justices have been so submissive to Trump, the most authoritarian-minded president in US history. Notwithstanding the US’s celebrated system of checks and balances, the justices have utterly failed to provide the checks on Trump that many legal scholars had expected. In ruling for Trump, the chief justice, John Roberts, and the other conservatives have let him gut the Department of Education, fire Federal Trade Commission and National Labor Relations Board members, and strip temporary protected status from hundreds of thousands of immigrants. The rightwing supermajority has also let Trump halt $4bn in foreign aid, fire tens of thousands of federal employees despite contractual protections and deport people to countries where they have no connection.In these and other cases, the supermajority has ceded huge power to Trump, for instance, by greatly reducing Congress’s constitutional power over spending as it let Trump unilaterally gut agencies and halt funding approved by Congress. What’s more, the court seems eager to snuff out independent, nonpartisan federal agencies by letting Trump fire agency chairs and commissioners without giving any reason, even though Congress approved laws explicitly saying those officials could only be dismissed for cause. (Pleasing corporate America, the court ordered last Wednesday that Lisa Cook can remain on the Federal Reserve Board, at least temporarily, while litigation proceeds over whether Trump can fire her as part of his effort to end the central bank’s independence.)“The chief justice is presiding over the end of the rule of law in America,” said J Michael Luttig, a highly regarded conservative former federal appellate judge.The conservative justices have repeatedly done Trump’s bidding even though they don’t begin to face the intense pressures that Hungary’s and Turkey’s judges face. Erdoğan has sometimes purged and blackballed judges seen as insufficiently loyal, while Orbán’s high-ranking allies have berated less obedient judges as “traitors”.The US supreme court has ruled for Trump in a startlingly high percentage of cases this year. It has issued 24 decisions from its emergency docket (often without giving any reasons) and ruled in Trump’s favor about 90% of the time.In doing so, the court has repeatedly vacated injunctions that lower courts had issued after concluding that Trump, with his 209 executive orders, had egregiously broken the law. Adam Bonica, a Stanford political science professor, found that in Trump administration cases decided between 1 May and 23 June, federal district courts ruled against Trump 94.3% of the time (82 out of 87 cases), often after looking closely at the facts. In contrast, the supreme court ruled 93.7% of the time for Trump (15 out of 16 cases), often without taking a close look at the facts.“The supreme court has pulled the rug out from under the lower federal courts, and it has done so deliberately and knowingly,” Luttig said, adding that the court is “acquiescing in and accommodating the president’s lawlessness”.With the court siding so often with Trump, a new Gallup poll found that a record high 43% of Americans think the court is too conservative, higher than the 36% who think the court is “about right”. Moreover, the court’s overall approval rating has fallen to its lowest level since Gallup began measuring, dropping below 40% for the first time in August (before climbing slightly) – and down from nearly 60% in the early 2000s.Steven Levitsky, a political science professor at Harvard and co-author of How Democracies Die, voiced bewilderment that the court has been so obliging toward a president who he says is a clear threat to democracy. According to Levitsky, courts come under the thumb of authoritarian governments in several ways. One way is “ideological agreement”. He said the court’s most rightwing members, Samuel Alito and Clarence Thomas, seem in fundamental agreement with Trump, but he said the other conservatives do not love Trump even if they often rule for him. Levitsky suggested that those justices are so hostile toward liberals and liberal arguments that they gravitate towards Trump’s side in case after case.Court packing is another way courts fall under an authoritarian’s sway. Orbán, Erdoğan and their legislative allies have appointed the overwhelming majority of their countries’ judges, while Trump has appointed three of the nine justices. With life tenure, the justices should in theory feel free from political pressure and able to rule against Trump. In the past, many justices have ruled against the presidents and parties that appointed them.Levitsky sees another phenomenon at work: abdication. Pointing to both Congress and the supreme court, he said: “The major institutions that have the authority and responsibility to stand up and stop an authoritarian have declined to do so.”In his view, the conservative justices may have made a major miscalculation. “They are overconfident about the strength of our institutions,” Levitsky said. “They don’t really think our democracy is in danger. They don’t think it can really happen here. I really think a majority of members of the US establishment are in that camp.”The conservative justices have increasingly embraced the unitary executive theory, a once fringe, four-decade-old notion that the president has sole, unlimited authority over the executive branch and should, for instance, be free to fire members of independent agencies along with hundreds of thousands of federal employees. “If they really believed that Trump was a threat to democracy, they wouldn’t be giving him so much power,” Levitsky said.skip past newsletter promotionafter newsletter promotionThe court’s conservatives, Levitsky and many legal scholars say, are also engaged in appeasement. Roberts and the conservatives are “scared out of their minds that they will have to play chicken with Trump”, Levitsky said. “The worst thing for them is if the government ignores them and they don’t have any authority. They’re just terrified that Trump will trample on them and undermine their authority. Trump is not someone you want to play chicken with. They’re terrified of a big, high-profile fight with Trump.”In other words, the conservative justices are so eager to save face and avoid confrontation that they have often given a green light to what lower courts have seen as Trump’s lawlessness. Meanwhile, the three liberal justices – Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson – have written repeated, often angry dissents that chastise the supermajority for acquiescing to Trump’s lawlessness and steamrolling over parts of the constitution.One theory is that the conservative justices are deliberately giving Trump small victories – vacating lower courts’ injunctions and letting the president’s executive orders proceed and do their damage – as the justices wait for those cases to return to the supreme court, perhaps in a year or two. At that point, those cases would be fully briefed and argued, and the court would issue formal, longer rulings. Legal scholars hope, but are not optimistic, that the thus far compliant court will be more willing to defy Trump when the cases are fully briefed and argued, with the birthright citizenship and tariff cases most often mentioned.“What they’re doing,” Levitsky said, “is giving Trump small victories in an effort to placate him or preserve as much political capital for when the big fights come. It’s appeasement. Appeasement usually doesn’t work when you cede power to an authoritarian executive. It sends signals to society that no one is going to stop the guy. Ceding power to someone like Trump is really dangerous.”After Jair Bolsonaro, a rightwing Trump ally, was elected Brazil’s president in 2019, Alexandre de Moraes, a prominent member of Brazil’s supreme court, feared what he saw as Bolsonaro’s authoritarian tendencies. De Moraes cracked down on Bolsonaro’s efforts to spread disinformation on social media to undermine his opponents. When a mob of Bolsonaro’s allies stormed government buildings in January 2023, pushing for a coup d’etat, de Moraes led efforts to prosecute Bolsonaro. (Last month, Bolsonaro was sentenced to 27 years in prison after being convicted of plotting a coup.)“When Bolsonaro got elected, de Moraes realized that he’s a threat to democracy,” Levitsky said. “He thought that the Brazilian supreme court could be Chamberlain or Churchill.” (Neville Chamberlain, a British prime minister, agreed to let Adolf Hitler take over a German-speaking part of Czechoslovakia in 1938, as part of the Munich agreement, infamously declaring that the agreement would assure “peace for our time”.)“The [US] supreme court hasn’t wanted to be Churchill.” Levitsky said. “John Roberts has been Chamberlain. I think that is incredible destructive behavior.”

    Steven Greenhouse is a journalist and author, focusing on labor and the workplace, as well as economic and legal issues More

  • in

    Justice Ketanji Brown Jackson is trying to warn us about something. Are we listening?

    @font-face{font-family:Guardian Headline Full;src:url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Light.woff2) format(“woff2”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Light.woff) format(“woff”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Light.ttf) format(“truetype”);font-weight:300;font-style:normal}@font-face{font-family:Guardian Headline Full;src:url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-LightItalic.woff2) format(“woff2”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-LightItalic.woff) format(“woff”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-LightItalic.ttf) format(“truetype”);font-weight:300;font-style:italic}@font-face{font-family:Guardian Headline Full;src:url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Regular.woff2) format(“woff2”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Regular.woff) format(“woff”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Regular.ttf) format(“truetype”);font-weight:400;font-style:normal}@font-face{font-family:Guardian Headline Full;src:url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-RegularItalic.woff2) format(“woff2”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-RegularItalic.woff) format(“woff”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-RegularItalic.ttf) format(“truetype”);font-weight:400;font-style:italic}@font-face{font-family:Guardian Headline Full;src:url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Medium.woff2) format(“woff2”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Medium.woff) format(“woff”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Medium.ttf) format(“truetype”);font-weight:500;font-style:normal}@font-face{font-family:Guardian Headline Full;src:url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-MediumItalic.woff2) format(“woff2”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-MediumItalic.woff) format(“woff”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-MediumItalic.ttf) format(“truetype”);font-weight:500;font-style:italic}@font-face{font-family:Guardian Headline Full;src:url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Semibold.woff2) format(“woff2”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Semibold.woff) format(“woff”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Semibold.ttf) format(“truetype”);font-weight:600;font-style:normal}@font-face{font-family:Guardian Headline Full;src:url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-SemiboldItalic.woff2) format(“woff2”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-SemiboldItalic.woff) format(“woff”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-SemiboldItalic.ttf) format(“truetype”);font-weight:600;font-style:italic}@font-face{font-family:Guardian Headline Full;src:url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Bold.woff2) format(“woff2”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Bold.woff) format(“woff”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Bold.ttf) format(“truetype”);font-weight:700;font-style:normal}@font-face{font-family:Guardian Headline Full;src:url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-BoldItalic.woff2) format(“woff2”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-BoldItalic.woff) format(“woff”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-BoldItalic.ttf) format(“truetype”);font-weight:700;font-style:italic}@font-face{font-family:Guardian Headline Full;src:url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Black.woff2) format(“woff2”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Black.woff) format(“woff”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Black.ttf) format(“truetype”);font-weight:900;font-style:normal}@font-face{font-family:Guardian Headline Full;src:url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-BlackItalic.woff2) format(“woff2”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-BlackItalic.woff) format(“woff”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-BlackItalic.ttf) format(“truetype”);font-weight:900;font-style:italic}@font-face{font-family:Guardian Titlepiece;src:url(https://assets.guim.co.uk/static/frontend/fonts/guardian-titlepiece/noalts-not-hinted/GTGuardianTitlepiece-Bold.woff2) format(“woff2”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-titlepiece/noalts-not-hinted/GTGuardianTitlepiece-Bold.woff) format(“woff”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-titlepiece/noalts-not-hinted/GTGuardianTitlepiece-Bold.ttf) format(“truetype”);font-weight:700;font-style:normal}@media (min-width: 71.25em){.content__main-column–interactive{margin-left:160px}}@media (min-width: 81.25em){.content__main-column–interactive{margin-left:240px}}.content__main-column–interactive .element-atom{max-width:620px}@media (max-width: 46.24em){.content__main-column–interactive .element-atom{max-width:100%}}.content__main-column–interactive .element-showcase{margin-left:0}@media (min-width: 46.25em){.content__main-column–interactive .element-showcase{max-width:620px}}@media (min-width: 71.25em){.content__main-column–interactive .element-showcase{max-width:860px}}.content__main-column–interactive .element-immersive{max-width:1100px}@media (max-width: 46.24em){.content__main-column–interactive .element-immersive{width:calc(100vw – var(–scrollbar-width));position:relative;left:50%;right:50%;margin-left:calc(-50vw + var(–half-scrollbar-width))!important;margin-right:calc(-50vw + var(–half-scrollbar-width))!important}}@media (min-width: 46.25em){.content__main-column–interactive .element-immersive{transform:translate(-20px);width:calc(100% + 60px)}}@media (max-width: 71.24em){.content__main-column–interactive .element-immersive{margin-left:0;margin-right:0}}@media (min-width: 71.25em){.content__main-column–interactive .element-immersive{transform:translate(0);width:auto}}@media (min-width: 81.25em){.content__main-column–interactive .element-immersive{max-width:1260px}}.content__main-column–interactive p,.content__main-column–interactive ul{max-width:620px}.content__main-column–interactive:before{position:absolute;top:0;height:calc(100% + 15px);min-height:100px;content:””}@media (min-width: 71.25em){.content__main-column–interactive:before{border-left:1px solid #dcdcdc;z-index:-1;left:-10px}}@media (min-width: 81.25em){.content__main-column–interactive:before{border-left:1px solid #dcdcdc;left:-11px}}.content__main-column–interactive .element-atom{margin-top:0;margin-bottom:0;padding-bottom:12px;padding-top:12px}.content__main-column–interactive p+.element-atom{padding-top:0;padding-bottom:0;margin-top:12px;margin-bottom:12px}.content__main-column–interactive .element-inline{max-width:620px}@media (min-width: 61.25em){figure[data-spacefinder-role=inline].element{max-width:620px}}:root{–dateline: #606060;–headerBorder: #dcdcdc;–captionText: #999;–captionBackground: hsla(0, 0%, 7%, .72);–feature: #c70000;–new-pillar-colour: var(–primary-pillar, var(–feature))}.content__main-column–interactive .element.element-atom,.element.element-atom{padding:0}#article-body >div .element-atom:first-of-type+p:first-of-type,#article-body >div .element-atom:first-of-type+.sign-in-gate+p:first-of-type,#article-body >div .element-atom:first-of-type+#sign-in-gate+p:first-of-type,#article-body >div hr:not(.last-horizontal-rule)+p,.content–interactive >div .element-atom:first-of-type+p:first-of-type,.content–interactive >div .element-atom:first-of-type+.sign-in-gate+p:first-of-type,.content–interactive >div .element-atom:first-of-type+#sign-in-gate+p:first-of-type,.content–interactive >div hr:not(.last-horizontal-rule)+p,#comment-body .element-atom:first-of-type+p:first-of-type,#comment-body .element-atom:first-of-type+.sign-in-gate+p:first-of-type,#comment-body .element-atom:first-of-type+#sign-in-gate+p:first-of-type,#comment-body hr:not(.last-horizontal-rule)+p,[data-gu-name=body] .element-atom:first-of-type+p:first-of-type,[data-gu-name=body] .element-atom:first-of-type+.sign-in-gate+p:first-of-type,[data-gu-name=body] .element-atom:first-of-type+#sign-in-gate+p:first-of-type,[data-gu-name=body] hr:not(.last-horizontal-rule)+p,#feature-body .element-atom:first-of-type+p:first-of-type,#feature-body .element-atom:first-of-type+.sign-in-gate+p:first-of-type,#feature-body .element-atom:first-of-type+#sign-in-gate+p:first-of-type,#feature-body hr:not(.last-horizontal-rule)+p{padding-top:14px}#article-body >div .element-atom:first-of-type+p:first-of-type:first-letter,#article-body >div .element-atom:first-of-type+.sign-in-gate+p:first-of-type:first-letter,#article-body >div .element-atom:first-of-type+#sign-in-gate+p:first-of-type:first-letter,#article-body >div hr:not(.last-horizontal-rule)+p:first-letter,.content–interactive >div .element-atom:first-of-type+p:first-of-type:first-letter,.content–interactive >div .element-atom:first-of-type+.sign-in-gate+p:first-of-type:first-letter,.content–interactive >div .element-atom:first-of-type+#sign-in-gate+p:first-of-type:first-letter,.content–interactive >div hr:not(.last-horizontal-rule)+p:first-letter,#comment-body .element-atom:first-of-type+p:first-of-type:first-letter,#comment-body .element-atom:first-of-type+.sign-in-gate+p:first-of-type:first-letter,#comment-body .element-atom:first-of-type+#sign-in-gate+p:first-of-type:first-letter,#comment-body hr:not(.last-horizontal-rule)+p:first-letter,[data-gu-name=body] .element-atom:first-of-type+p:first-of-type:first-letter,[data-gu-name=body] .element-atom:first-of-type+.sign-in-gate+p:first-of-type:first-letter,[data-gu-name=body] .element-atom:first-of-type+#sign-in-gate+p:first-of-type:first-letter,[data-gu-name=body] hr:not(.last-horizontal-rule)+p:first-letter,#feature-body .element-atom:first-of-type+p:first-of-type:first-letter,#feature-body .element-atom:first-of-type+.sign-in-gate+p:first-of-type:first-letter,#feature-body .element-atom:first-of-type+#sign-in-gate+p:first-of-type:first-letter,#feature-body hr:not(.last-horizontal-rule)+p:first-letter{font-family:Guardian Headline,Guardian Egyptian Web,Guardian Headline Full,Georgia,serif;font-weight:700;font-size:111px;line-height:92px;float:left;text-transform:uppercase;box-sizing:border-box;margin-right:8px;vertical-align:text-top;color:var(–drop-cap, var(–new-pillar-colour))}#article-body >div hr+p,.content–interactive >div hr+p,#comment-body hr+p,[data-gu-name=body] hr+p,#feature-body hr+p{padding-top:0}#article-body >div [data-gu-name=pullquote],.content–interactive >div [data-gu-name=pullquote],#comment-body [data-gu-name=pullquote],[data-gu-name=body] [data-gu-name=pullquote],#feature-body [data-gu-name=pullquote]{max-width:620px}#maincontent .element.element–showcase.element-showcase figcaption,#feature-article-container .element.element–showcase.element-showcase figcaption,#standard-article-container .element.element–showcase.element-showcase figcaption,#comment-article-container .element.element–showcase.element-showcase figcaption{position:static!important;width:100%;max-width:620px}.element.element–immersive.element-immersive{width:calc(100vw – var(–scrollbar-width, 0px))}@media (max-width: 71.24em){.element.element–immersive.element-immersive{max-width:978px}.element.element–immersive.element-immersive figcaption{padding-inline:10px}}@media (max-width: 71.24em) and (min-width: 30em){.element.element–immersive.element-immersive figcaption{padding-inline:20px}}@media (min-width: 46.25em) and (max-width: 61.24em){.element.element–immersive.element-immersive{max-width:738px}}@media (max-width: 46.24em){.element.element–immersive.element-immersive{margin-left:-10px!important;margin-right:0!important;left:0}}@media (max-width: 46.24em) and (min-width: 30em){.element.element–immersive.element-immersive{margin-left:-20px!important}.element.element–immersive.element-immersive figcaption{padding-inline:20px}}.furniture-wrapper{position:relative}@media (min-width: 61.25em){.furniture-wrapper{display:grid;grid-column-gap:20px;grid-row-gap:0px;grid-template-columns:[title-start headline-start meta-start standfirst-start] repeat(5,1fr) [title-end headline-end meta-end standfirst-end portrait-start] repeat(5,1fr) [portrait-end];grid-template-rows:[title-start portrait-start] .25fr [title-end headline-start] 1fr [headline-end standfirst-start] .75fr [standfirst-end meta-start] auto [meta-end portrait-end]}.furniture-wrapper #headline >div:first-child,.furniture-wrapper [data-gu-name=headline] >div:first-child,.furniture-wrapper .headline >div:first-child{border-top:1px solid var(–headerBorder)}.furniture-wrapper #meta,.furniture-wrapper [data-gu-name=meta]{position:relative;padding-top:2px;margin-right:0}.furniture-wrapper .standfirst .content__standfirst,.furniture-wrapper #standfirst .content__standfirst,.furniture-wrapper [data-gu-name=standfirst] .content__standfirst{margin-bottom:4px}.furniture-wrapper .standfirst ul li,.furniture-wrapper #standfirst ul li,.furniture-wrapper [data-gu-name=standfirst] ul li{font-size:20px}.furniture-wrapper .standfirst li a,.furniture-wrapper .standfirst a,.furniture-wrapper #standfirst li a,.furniture-wrapper #standfirst a,.furniture-wrapper [data-gu-name=standfirst] li a,.furniture-wrapper [data-gu-name=standfirst] a{border-bottom:none;background-image:none!important;text-decoration:underline;text-underline-offset:6px;text-decoration-color:var(–headerBorder, #dcdcdc)}.furniture-wrapper .standfirst li a:hover,.furniture-wrapper .standfirst a:hover,.furniture-wrapper #standfirst li a:hover,.furniture-wrapper #standfirst a:hover,.furniture-wrapper [data-gu-name=standfirst] li a:hover,.furniture-wrapper [data-gu-name=standfirst] a:hover{text-decoration-color:var(–new-pillar-colour)}.furniture-wrapper .standfirst p:first-of-type,.furniture-wrapper #standfirst p:first-of-type,.furniture-wrapper [data-gu-name=standfirst] p:first-of-type{border-top:1px solid var(–headerBorder);padding-bottom:0}}@media (min-width: 61.25em) and (min-width: 71.25em){.furniture-wrapper .standfirst p:first-of-type,.furniture-wrapper #standfirst p:first-of-type,.furniture-wrapper [data-gu-name=standfirst] p:first-of-type{border-top:unset}}@media (min-width: 61.25em){.furniture-wrapper figure{margin:0 0 0 -10px}.furniture-wrapper figure[data-spacefinder-role=inline].element{max-width:630px}}@media (min-width: 71.25em){.furniture-wrapper{grid-template-columns:[title-start headline-start meta-start] repeat(2,1fr) [meta-end standfirst-start] repeat(5,1fr) [title-end headline-end standfirst-end portrait-start] repeat(7,1fr) [portrait-end];grid-template-rows:[title-start portrait-start] 80px [title-end headline-start] auto [headline-end standfirst-start meta-start] auto [standfirst-end meta-end portrait-end]}.furniture-wrapper #meta:before,.furniture-wrapper [data-gu-name=meta]:before{content:””;width:540px;position:absolute;top:0;background-color:var(–headerBorder);height:1px}.furniture-wrapper .standfirst p,.furniture-wrapper #standfirst p,.furniture-wrapper [data-gu-name=standfirst] p{border-top:unset}.furniture-wrapper .standfirst:before,.furniture-wrapper #standfirst:before,.furniture-wrapper [data-gu-name=standfirst]:before{content:””;width:1px;background-color:var(–headerBorder);height:100%;position:absolute;top:0;left:.5px}}@media (min-width: 81.25em){.furniture-wrapper{grid-template-columns:[title-start headline-start meta-start] repeat(3,1fr) [meta-end standfirst-start] repeat(5,1fr) [title-end headline-end standfirst-end portrait-start] repeat(8,1fr) [portrait-end];grid-template-rows:[title-start portrait-start] .25fr [title-end headline-start] 1fr [headline-end standfirst-start meta-start] .75fr [standfirst-end meta-end portrait-end]}.furniture-wrapper #meta:before,.furniture-wrapper [data-gu-name=meta]:before{width:620px}.furniture-wrapper .standfirst:before,.furniture-wrapper #standfirst:before,.furniture-wrapper [data-gu-name=standfirst]:before{left:-.5px}}.furniture-wrapper .article-header .content__labels >div,.furniture-wrapper [data-gu-name=title] .content__labels >div{padding-top:2px}.furniture-wrapper #headline h1,.furniture-wrapper [data-gu-name=headline] h1,.furniture-wrapper .headline h1{font-weight:600;max-width:620px;font-size:32px}@media (min-width: 71.25em){.furniture-wrapper #headline h1,.furniture-wrapper [data-gu-name=headline] h1,.furniture-wrapper .headline h1{max-width:540px;font-size:50px}}@media (min-width: 46.25em){.furniture-wrapper .keyline-4,.furniture-wrapper [data-gu-name=lines]{margin-right:0}}@media (min-width: 61.25em){.furniture-wrapper .keyline-4,.furniture-wrapper [data-gu-name=lines]{display:none}}.furniture-wrapper .keyline-4 svg,.furniture-wrapper [data-gu-name=lines] svg{stroke:var(–headerBorder)}@media (min-width: 46.25em){.furniture-wrapper #meta,.furniture-wrapper [data-gu-name=meta]{margin-right:0}}.furniture-wrapper #meta .meta__social,.furniture-wrapper #meta .meta__social ul li a span,.furniture-wrapper #meta .meta__comment,.furniture-wrapper [data-gu-name=meta] .meta__social,.furniture-wrapper [data-gu-name=meta] .meta__social ul li a span,.furniture-wrapper [data-gu-name=meta] .meta__comment{border-color:var(–headerBorder)}.furniture-wrapper #meta .content__meta-container_dcr >div >gu-island,.furniture-wrapper [data-gu-name=meta] .content__meta-container_dcr >div >gu-island{display:none}.furniture-wrapper .standfirst,.furniture-wrapper #standfirst,.furniture-wrapper [data-gu-name=standfirst]{margin-left:-10px;padding-left:10px;position:relative}@media (min-width: 46.25em){.furniture-wrapper .standfirst,.furniture-wrapper #standfirst,.furniture-wrapper [data-gu-name=standfirst]{padding-top:2px}}.furniture-wrapper .standfirst p,.furniture-wrapper #standfirst p,.furniture-wrapper [data-gu-name=standfirst] p{font-weight:400;font-size:20px;padding-bottom:14px}.furniture-wrapper #main-media,.furniture-wrapper [data-gu-name=media]{position:relative;margin-top:0;margin-bottom:2px;grid-area:portrait}.furniture-wrapper #main-media div div,.furniture-wrapper [data-gu-name=media] div div{width:100%;margin-inline:0}@media (min-width: 61.25em){.furniture-wrapper #main-media,.furniture-wrapper [data-gu-name=media]{margin-bottom:0}}@media (max-width: 46.24em){.furniture-wrapper #main-media,.furniture-wrapper [data-gu-name=media]{width:calc(100vw – var(–scrollbar-width, 0px));margin-left:-10px}}@media (max-width: 46.24em) and (min-width: 30em){.furniture-wrapper #main-media,.furniture-wrapper [data-gu-name=media]{margin-left:-20px}}.furniture-wrapper figcaption{position:absolute;bottom:0;padding:4px 10px 12px;background-color:var(–captionBackground);color:var(–captionText);max-width:unset;width:100%;margin-bottom:0;min-height:46px}.furniture-wrapper figcaption span{color:var(–headerBorder)}.furniture-wrapper figcaption span svg{fill:var(–headerBorder)}.furniture-wrapper figcaption span:nth-of-type(1){display:none}.furniture-wrapper figcaption span:nth-of-type(2){display:block;max-width:90%}@media (min-width: 30em){.furniture-wrapper figcaption{padding:4px 20px 12px}}.furniture-wrapper figcaption.hidden{opacity:0}.furniture-wrapper #caption-button{display:block;position:absolute;bottom:10px;right:8px;z-index:30;background-color:var(–captionBackground);border:none;border-radius:50%;padding:6px 5px 5px}.furniture-wrapper #caption-button svg{transform:scale(.85)}@media (min-width: 30em){.furniture-wrapper #caption-button{right:10px}}@media (min-width: 71.25em){.content__main-column–interactive:before{top:-12px!important;height:calc(100% + 24px)!important}}.content__main-column–interactive h2{max-width:620px}:root:has(.ios,.android){–darkBackground: #1a1a1a;–feature: #c70000;–darkmodeFeature: #ff5943;–new-pillar-colour: var(–primary-pillar, var(–feature))}@media (prefers-color-scheme: dark){:root:has(.ios,.android){–new-pillar-colour: var(–darkmode-pillar, var(–darkmodeFeature))}}body.ios #feature-article-container .element-atom:first-of-type+p:first-of-type:first-letter,body.ios #feature-article-container .element-atom:first-of-type+.sign-in-gate+p:first-of-type:first-letter,body.ios #feature-article-container .element-atom:first-of-type+#sign-in-gate+p:first-of-type:first-letter,body.ios #standard-article-container .element-atom:first-of-type+p:first-of-type:first-letter,body.ios #standard-article-container .element-atom:first-of-type+.sign-in-gate+p:first-of-type:first-letter,body.ios #standard-article-container .element-atom:first-of-type+#sign-in-gate+p:first-of-type:first-letter,body.ios #comment-article-container .element-atom:first-of-type+p:first-of-type:first-letter,body.ios #comment-article-container .element-atom:first-of-type+.sign-in-gate+p:first-of-type:first-letter,body.ios #comment-article-container .element-atom:first-of-type+#sign-in-gate+p:first-of-type:first-letter,body.android #feature-article-container .element-atom:first-of-type+p:first-of-type:first-letter,body.android #feature-article-container .element-atom:first-of-type+.sign-in-gate+p:first-of-type:first-letter,body.android #feature-article-container .element-atom:first-of-type+#sign-in-gate+p:first-of-type:first-letter,body.android #standard-article-container .element-atom:first-of-type+p:first-of-type:first-letter,body.android #standard-article-container .element-atom:first-of-type+.sign-in-gate+p:first-of-type:first-letter,body.android #standard-article-container .element-atom:first-of-type+#sign-in-gate+p:first-of-type:first-letter,body.android #comment-article-container .element-atom:first-of-type+p:first-of-type:first-letter,body.android #comment-article-container .element-atom:first-of-type+.sign-in-gate+p:first-of-type:first-letter,body.android #comment-article-container .element-atom:first-of-type+#sign-in-gate+p:first-of-type:first-letter{color:var(–secondary-pillar, #000)}body.ios #feature-article-container .article__header,body.ios #standard-article-container .article__header,body.ios #comment-article-container .article__header,body.android #feature-article-container .article__header,body.android #standard-article-container .article__header,body.android #comment-article-container .article__header{height:0}body.ios #feature-article-container .furniture-wrapper,body.ios #standard-article-container .furniture-wrapper,body.ios #comment-article-container .furniture-wrapper,body.android #feature-article-container .furniture-wrapper,body.android #standard-article-container .furniture-wrapper,body.android #comment-article-container .furniture-wrapper{padding:4px 10px 0}body.ios #feature-article-container .furniture-wrapper .content__labels,body.ios #standard-article-container .furniture-wrapper .content__labels,body.ios #comment-article-container .furniture-wrapper .content__labels,body.android #feature-article-container .furniture-wrapper .content__labels,body.android #standard-article-container .furniture-wrapper .content__labels,body.android #comment-article-container .furniture-wrapper .content__labels{font-weight:700;font-family:Guardian Headline,Guardian Egyptian Web,Guardian Headline Full,Georgia,serif;color:var(–new-pillar-colour);text-transform:capitalize}body.ios #feature-article-container .furniture-wrapper h1.headline,body.ios #standard-article-container .furniture-wrapper h1.headline,body.ios #comment-article-container .furniture-wrapper h1.headline,body.android #feature-article-container .furniture-wrapper h1.headline,body.android #standard-article-container .furniture-wrapper h1.headline,body.android #comment-article-container .furniture-wrapper h1.headline{font-size:32px;font-weight:700;padding-bottom:12px;color:#121212!important}body.ios #feature-article-container .furniture-wrapper figure.element-image,body.ios #standard-article-container .furniture-wrapper figure.element-image,body.ios #comment-article-container .furniture-wrapper figure.element-image,body.android #feature-article-container .furniture-wrapper figure.element-image,body.android #standard-article-container .furniture-wrapper figure.element-image,body.android #comment-article-container .furniture-wrapper figure.element-image{position:relative;margin:14px 0 0 -10px;width:calc(100vw – var(–scrollbar-width, 0px));height:auto}body.ios #feature-article-container .furniture-wrapper figure.element-image .figure__inner,body.ios #feature-article-container .furniture-wrapper figure.element-image img,body.ios #feature-article-container .furniture-wrapper figure.element-image a,body.ios #standard-article-container .furniture-wrapper figure.element-image .figure__inner,body.ios #standard-article-container .furniture-wrapper figure.element-image img,body.ios #standard-article-container .furniture-wrapper figure.element-image a,body.ios #comment-article-container .furniture-wrapper figure.element-image .figure__inner,body.ios #comment-article-container .furniture-wrapper figure.element-image img,body.ios #comment-article-container .furniture-wrapper figure.element-image a,body.android #feature-article-container .furniture-wrapper figure.element-image .figure__inner,body.android #feature-article-container .furniture-wrapper figure.element-image img,body.android #feature-article-container .furniture-wrapper figure.element-image a,body.android #standard-article-container .furniture-wrapper figure.element-image .figure__inner,body.android #standard-article-container .furniture-wrapper figure.element-image img,body.android #standard-article-container .furniture-wrapper figure.element-image a,body.android #comment-article-container .furniture-wrapper figure.element-image .figure__inner,body.android #comment-article-container .furniture-wrapper figure.element-image img,body.android #comment-article-container .furniture-wrapper figure.element-image a{background-color:transparent;width:calc(100vw – var(–scrollbar-width, 0px));height:auto!important}body.ios #feature-article-container .furniture-wrapper .standfirst,body.ios #standard-article-container .furniture-wrapper .standfirst,body.ios #comment-article-container .furniture-wrapper .standfirst,body.android #feature-article-container .furniture-wrapper .standfirst,body.android #standard-article-container .furniture-wrapper .standfirst,body.android #comment-article-container .furniture-wrapper .standfirst{padding-top:4px;padding-bottom:24px;margin-right:-10px}body.ios #feature-article-container .furniture-wrapper .standfirst__inner p,body.ios #standard-article-container .furniture-wrapper .standfirst__inner p,body.ios #comment-article-container .furniture-wrapper .standfirst__inner p,body.android #feature-article-container .furniture-wrapper .standfirst__inner p,body.android #standard-article-container .furniture-wrapper .standfirst__inner p,body.android #comment-article-container .furniture-wrapper .standfirst__inner p{font-family:Guardian Headline,Guardian Egyptian Web,Guardian Headline Full,Georgia,serif}body.ios #feature-article-container .furniture-wrapper .standfirst__inner li a,body.ios #feature-article-container .furniture-wrapper .standfirst__inner a,body.ios #standard-article-container .furniture-wrapper .standfirst__inner li a,body.ios #standard-article-container .furniture-wrapper .standfirst__inner a,body.ios #comment-article-container .furniture-wrapper .standfirst__inner li a,body.ios #comment-article-container .furniture-wrapper .standfirst__inner a,body.android #feature-article-container .furniture-wrapper .standfirst__inner li a,body.android #feature-article-container .furniture-wrapper .standfirst__inner a,body.android #standard-article-container .furniture-wrapper .standfirst__inner li a,body.android #standard-article-container .furniture-wrapper .standfirst__inner a,body.android #comment-article-container .furniture-wrapper .standfirst__inner li a,body.android #comment-article-container .furniture-wrapper .standfirst__inner a{color:var(–new-pillar-colour)!important;background-image:none!important;text-decoration:underline;text-underline-offset:6px;text-decoration-color:var(–headerBorder, #dcdcdc);border-bottom:none}body.ios #feature-article-container .furniture-wrapper .standfirst__inner li a:hover,body.ios #feature-article-container .furniture-wrapper .standfirst__inner a:hover,body.ios #standard-article-container .furniture-wrapper .standfirst__inner li a:hover,body.ios #standard-article-container .furniture-wrapper .standfirst__inner a:hover,body.ios #comment-article-container .furniture-wrapper .standfirst__inner li a:hover,body.ios #comment-article-container .furniture-wrapper .standfirst__inner a:hover,body.android #feature-article-container .furniture-wrapper .standfirst__inner li a:hover,body.android #feature-article-container .furniture-wrapper .standfirst__inner a:hover,body.android #standard-article-container .furniture-wrapper .standfirst__inner li a:hover,body.android #standard-article-container .furniture-wrapper .standfirst__inner a:hover,body.android #comment-article-container .furniture-wrapper .standfirst__inner li a:hover,body.android #comment-article-container .furniture-wrapper .standfirst__inner a:hover{text-decoration-color:var(–new-pillar-colour)}body.ios #feature-article-container .furniture-wrapper .meta,body.ios #standard-article-container .furniture-wrapper .meta,body.ios #comment-article-container .furniture-wrapper .meta,body.android #feature-article-container .furniture-wrapper .meta,body.android #standard-article-container .furniture-wrapper .meta,body.android #comment-article-container .furniture-wrapper .meta{margin:0}body.ios #feature-article-container .furniture-wrapper .meta .byline,body.ios #feature-article-container .furniture-wrapper .meta .byline__author,body.ios #feature-article-container .furniture-wrapper .meta span.byline__author a,body.ios #feature-article-container .furniture-wrapper .meta .meta__byline span,body.ios #standard-article-container .furniture-wrapper .meta .byline,body.ios #standard-article-container .furniture-wrapper .meta .byline__author,body.ios #standard-article-container .furniture-wrapper .meta span.byline__author a,body.ios #standard-article-container .furniture-wrapper .meta .meta__byline span,body.ios #comment-article-container .furniture-wrapper .meta .byline,body.ios #comment-article-container .furniture-wrapper .meta .byline__author,body.ios #comment-article-container .furniture-wrapper .meta span.byline__author a,body.ios #comment-article-container .furniture-wrapper .meta .meta__byline span,body.android #feature-article-container .furniture-wrapper .meta .byline,body.android #feature-article-container .furniture-wrapper .meta .byline__author,body.android #feature-article-container .furniture-wrapper .meta span.byline__author a,body.android #feature-article-container .furniture-wrapper .meta .meta__byline span,body.android #standard-article-container .furniture-wrapper .meta .byline,body.android #standard-article-container .furniture-wrapper .meta .byline__author,body.android #standard-article-container .furniture-wrapper .meta span.byline__author a,body.android #standard-article-container .furniture-wrapper .meta .meta__byline span,body.android #comment-article-container .furniture-wrapper .meta .byline,body.android #comment-article-container .furniture-wrapper .meta .byline__author,body.android #comment-article-container .furniture-wrapper .meta span.byline__author a,body.android #comment-article-container .furniture-wrapper .meta .meta__byline span{color:var(–new-pillar-colour)}body.ios #feature-article-container .furniture-wrapper .meta__misc,body.ios #standard-article-container .furniture-wrapper .meta__misc,body.ios #comment-article-container .furniture-wrapper .meta__misc,body.android #feature-article-container .furniture-wrapper .meta__misc,body.android #standard-article-container .furniture-wrapper .meta__misc,body.android #comment-article-container .furniture-wrapper .meta__misc{padding:0}body.ios #feature-article-container .furniture-wrapper .meta__misc svg,body.ios #standard-article-container .furniture-wrapper .meta__misc svg,body.ios #comment-article-container .furniture-wrapper .meta__misc svg,body.android #feature-article-container .furniture-wrapper .meta__misc svg,body.android #standard-article-container .furniture-wrapper .meta__misc svg,body.android #comment-article-container .furniture-wrapper .meta__misc svg{stroke:var(–new-pillar-colour)}body.ios #feature-article-container .furniture-wrapper .element–showcase #caption-button,body.ios #standard-article-container .furniture-wrapper .element–showcase #caption-button,body.ios #comment-article-container .furniture-wrapper .element–showcase #caption-button,body.android #feature-article-container .furniture-wrapper .element–showcase #caption-button,body.android #standard-article-container .furniture-wrapper .element–showcase #caption-button,body.android #comment-article-container .furniture-wrapper .element–showcase #caption-button{display:flex;padding:5px;justify-content:center;align-items:center;width:28px;height:28px;right:14px}body.ios #feature-article-container .article__body,body.ios #standard-article-container .article__body,body.ios #comment-article-container .article__body,body.android #feature-article-container .article__body,body.android #standard-article-container .article__body,body.android #comment-article-container .article__body{padding:0 12px}body.ios #feature-article-container .article__body figure.element-image:not(.element–thumbnail):not(.element–immersive),body.ios #standard-article-container .article__body figure.element-image:not(.element–thumbnail):not(.element–immersive),body.ios #comment-article-container .article__body figure.element-image:not(.element–thumbnail):not(.element–immersive),body.android #feature-article-container .article__body figure.element-image:not(.element–thumbnail):not(.element–immersive),body.android #standard-article-container .article__body figure.element-image:not(.element–thumbnail):not(.element–immersive),body.android #comment-article-container .article__body figure.element-image:not(.element–thumbnail):not(.element–immersive){margin:0;width:calc(100vw – 24px – var(–scrollbar-width, 0px));height:auto}body.ios #feature-article-container .article__body figure.element-image:not(.element–thumbnail):not(.element–immersive) figcaption,body.ios #standard-article-container .article__body figure.element-image:not(.element–thumbnail):not(.element–immersive) figcaption,body.ios #comment-article-container .article__body figure.element-image:not(.element–thumbnail):not(.element–immersive) figcaption,body.android #feature-article-container .article__body figure.element-image:not(.element–thumbnail):not(.element–immersive) figcaption,body.android #standard-article-container .article__body figure.element-image:not(.element–thumbnail):not(.element–immersive) figcaption,body.android #comment-article-container .article__body figure.element-image:not(.element–thumbnail):not(.element–immersive) figcaption{padding:0}body.ios #feature-article-container .article__body figure.element-image.element-immersive,body.ios #standard-article-container .article__body figure.element-image.element-immersive,body.ios #comment-article-container .article__body figure.element-image.element-immersive,body.android #feature-article-container .article__body figure.element-image.element-immersive,body.android #standard-article-container .article__body figure.element-image.element-immersive,body.android #comment-article-container .article__body figure.element-image.element-immersive{width:calc(100vw – var(–scrollbar-width, 0px))}body.ios #feature-article-container .article__body .prose blockquote.quoted:before,body.ios #standard-article-container .article__body .prose blockquote.quoted:before,body.ios #comment-article-container .article__body .prose blockquote.quoted:before,body.android #feature-article-container .article__body .prose blockquote.quoted:before,body.android #standard-article-container .article__body .prose blockquote.quoted:before,body.android #comment-article-container .article__body .prose blockquote.quoted:before{color:var(–new-pillar-colour)}body.ios #feature-article-container .article__body .prose a,body.ios #standard-article-container .article__body .prose a,body.ios #comment-article-container .article__body .prose a,body.android #feature-article-container .article__body .prose a,body.android #standard-article-container .article__body .prose a,body.android #comment-article-container .article__body .prose a{color:var(–primary-pillar);background-image:none;text-decoration:underline;text-underline-offset:6px;text-decoration-color:var(–headerBorder)}body.ios #feature-article-container .article__body .prose a:hover,body.ios #standard-article-container .article__body .prose a:hover,body.ios #comment-article-container .article__body .prose a:hover,body.android #feature-article-container .article__body .prose a:hover,body.android #standard-article-container .article__body .prose a:hover,body.android #comment-article-container .article__body .prose a:hover{text-decoration-color:var(–new-pillar-colour)}@media (prefers-color-scheme: dark){body.ios #feature-article-container .furniture-wrapper,body.ios #standard-article-container .furniture-wrapper,body.ios #comment-article-container .furniture-wrapper,body.android #feature-article-container .furniture-wrapper,body.android #standard-article-container .furniture-wrapper,body.android #comment-article-container .furniture-wrapper{background-color:#1a1a1a}body.ios #feature-article-container .furniture-wrapper .content__labels,body.ios #standard-article-container .furniture-wrapper .content__labels,body.ios #comment-article-container .furniture-wrapper .content__labels,body.android #feature-article-container .furniture-wrapper .content__labels,body.android #standard-article-container .furniture-wrapper .content__labels,body.android #comment-article-container .furniture-wrapper .content__labels{color:var(–new-pillar-colour)}body.ios #feature-article-container .furniture-wrapper h1.headline,body.ios #standard-article-container .furniture-wrapper h1.headline,body.ios #comment-article-container .furniture-wrapper h1.headline,body.android #feature-article-container .furniture-wrapper h1.headline,body.android #standard-article-container .furniture-wrapper h1.headline,body.android #comment-article-container .furniture-wrapper h1.headline{background-color:unset;color:var(–headerBorder)!important}body.ios #feature-article-container .furniture-wrapper .standfirst p,body.ios #standard-article-container .furniture-wrapper .standfirst p,body.ios #comment-article-container .furniture-wrapper .standfirst p,body.android #feature-article-container .furniture-wrapper .standfirst p,body.android #standard-article-container .furniture-wrapper .standfirst p,body.android #comment-article-container .furniture-wrapper .standfirst p{color:var(–headerBorder)}body.ios #feature-article-container .furniture-wrapper .standfirst a,body.ios #standard-article-container .furniture-wrapper .standfirst a,body.ios #comment-article-container .furniture-wrapper .standfirst a,body.android #feature-article-container .furniture-wrapper .standfirst a,body.android #standard-article-container .furniture-wrapper .standfirst a,body.android #comment-article-container .furniture-wrapper .standfirst a,body.ios #feature-article-container .furniture-wrapper .meta .byline__author,body.ios #feature-article-container .furniture-wrapper .meta span.byline__author a,body.ios #standard-article-container .furniture-wrapper .meta .byline__author,body.ios #standard-article-container .furniture-wrapper .meta span.byline__author a,body.ios #comment-article-container .furniture-wrapper .meta .byline__author,body.ios #comment-article-container .furniture-wrapper .meta span.byline__author a,body.android #feature-article-container .furniture-wrapper .meta .byline__author,body.android #feature-article-container .furniture-wrapper .meta span.byline__author a,body.android #standard-article-container .furniture-wrapper .meta .byline__author,body.android #standard-article-container .furniture-wrapper .meta span.byline__author a,body.android #comment-article-container .furniture-wrapper .meta .byline__author,body.android #comment-article-container .furniture-wrapper .meta span.byline__author a{color:var(–new-pillar-colour)}body.ios #feature-article-container .furniture-wrapper .meta__misc svg,body.ios #standard-article-container .furniture-wrapper .meta__misc svg,body.ios #comment-article-container .furniture-wrapper .meta__misc svg,body.android #feature-article-container .furniture-wrapper .meta__misc svg,body.android #standard-article-container .furniture-wrapper .meta__misc svg,body.android #comment-article-container .furniture-wrapper .meta__misc svg{stroke:var(–new-pillar-colour)}body.ios #feature-article-container .furniture-wrapper figure.element-image.element–showcase figcaption,body.ios #standard-article-container .furniture-wrapper figure.element-image.element–showcase figcaption,body.ios #comment-article-container .furniture-wrapper figure.element-image.element–showcase figcaption,body.android #feature-article-container .furniture-wrapper figure.element-image.element–showcase figcaption,body.android #standard-article-container .furniture-wrapper figure.element-image.element–showcase figcaption,body.android #comment-article-container .furniture-wrapper figure.element-image.element–showcase figcaption{color:var(–dateline)}body.ios #feature-article-container .article__body .prose blockquote.quoted,body.ios #standard-article-container .article__body .prose blockquote.quoted,body.ios #comment-article-container .article__body .prose blockquote.quoted,body.android #feature-article-container .article__body .prose blockquote.quoted,body.android #standard-article-container .article__body .prose blockquote.quoted,body.android #comment-article-container .article__body .prose blockquote.quoted{color:var(–new-pillar-colour)}body.ios #feature-article-container #article-body >div,body.ios #feature-article-container .content–interactive >div,body.ios #feature-article-container #feature-body,body.ios #feature-article-container [data-gu-name=body],body.ios #feature-article-container #comment-body,body.ios #standard-article-container #article-body >div,body.ios #standard-article-container .content–interactive >div,body.ios #standard-article-container #feature-body,body.ios #standard-article-container [data-gu-name=body],body.ios #standard-article-container #comment-body,body.ios #comment-article-container #article-body >div,body.ios #comment-article-container .content–interactive >div,body.ios #comment-article-container #feature-body,body.ios #comment-article-container [data-gu-name=body],body.ios #comment-article-container #comment-body,body.android #feature-article-container #article-body >div,body.android #feature-article-container .content–interactive >div,body.android #feature-article-container #feature-body,body.android #feature-article-container [data-gu-name=body],body.android #feature-article-container #comment-body,body.android #standard-article-container #article-body >div,body.android #standard-article-container .content–interactive >div,body.android #standard-article-container #feature-body,body.android #standard-article-container [data-gu-name=body],body.android #standard-article-container #comment-body,body.android #comment-article-container #article-body >div,body.android #comment-article-container .content–interactive >div,body.android #comment-article-container #feature-body,body.android #comment-article-container [data-gu-name=body],body.android #comment-article-container #comment-body{background-color:var(–darkBackground)!important}body.ios #feature-article-container #article-body >div .element-atom+p:first-letter,body.ios #feature-article-container #article-body >div .element-atom+.sign-in-gate+p:first-letter,body.ios #feature-article-container #article-body >div .element-atom+#sign-in-gate+p:first-letter,body.ios #feature-article-container .content–interactive >div .element-atom+p:first-letter,body.ios #feature-article-container .content–interactive >div .element-atom+.sign-in-gate+p:first-letter,body.ios #feature-article-container .content–interactive >div .element-atom+#sign-in-gate+p:first-letter,body.ios #feature-article-container #feature-body .element-atom+p:first-letter,body.ios #feature-article-container #feature-body .element-atom+.sign-in-gate+p:first-letter,body.ios #feature-article-container #feature-body .element-atom+#sign-in-gate+p:first-letter,body.ios #feature-article-container [data-gu-name=body] .element-atom+p:first-letter,body.ios #feature-article-container [data-gu-name=body] .element-atom+.sign-in-gate+p:first-letter,body.ios #feature-article-container [data-gu-name=body] .element-atom+#sign-in-gate+p:first-letter,body.ios #feature-article-container #comment-body .element-atom+p:first-letter,body.ios #feature-article-container #comment-body .element-atom+.sign-in-gate+p:first-letter,body.ios #feature-article-container #comment-body .element-atom+#sign-in-gate+p:first-letter,body.ios #standard-article-container #article-body >div .element-atom+p:first-letter,body.ios #standard-article-container #article-body >div .element-atom+.sign-in-gate+p:first-letter,body.ios #standard-article-container #article-body >div .element-atom+#sign-in-gate+p:first-letter,body.ios #standard-article-container .content–interactive >div .element-atom+p:first-letter,body.ios #standard-article-container .content–interactive >div .element-atom+.sign-in-gate+p:first-letter,body.ios #standard-article-container .content–interactive >div .element-atom+#sign-in-gate+p:first-letter,body.ios #standard-article-container #feature-body .element-atom+p:first-letter,body.ios #standard-article-container #feature-body .element-atom+.sign-in-gate+p:first-letter,body.ios #standard-article-container #feature-body .element-atom+#sign-in-gate+p:first-letter,body.ios #standard-article-container [data-gu-name=body] .element-atom+p:first-letter,body.ios #standard-article-container [data-gu-name=body] .element-atom+.sign-in-gate+p:first-letter,body.ios #standard-article-container [data-gu-name=body] .element-atom+#sign-in-gate+p:first-letter,body.ios #standard-article-container #comment-body .element-atom+p:first-letter,body.ios #standard-article-container #comment-body .element-atom+.sign-in-gate+p:first-letter,body.ios #standard-article-container #comment-body .element-atom+#sign-in-gate+p:first-letter,body.ios #comment-article-container #article-body >div .element-atom+p:first-letter,body.ios #comment-article-container #article-body >div .element-atom+.sign-in-gate+p:first-letter,body.ios #comment-article-container #article-body >div .element-atom+#sign-in-gate+p:first-letter,body.ios #comment-article-container .content–interactive >div .element-atom+p:first-letter,body.ios #comment-article-container .content–interactive >div .element-atom+.sign-in-gate+p:first-letter,body.ios #comment-article-container .content–interactive >div .element-atom+#sign-in-gate+p:first-letter,body.ios #comment-article-container #feature-body .element-atom+p:first-letter,body.ios #comment-article-container #feature-body .element-atom+.sign-in-gate+p:first-letter,body.ios #comment-article-container #feature-body .element-atom+#sign-in-gate+p:first-letter,body.ios #comment-article-container [data-gu-name=body] .element-atom+p:first-letter,body.ios #comment-article-container [data-gu-name=body] .element-atom+.sign-in-gate+p:first-letter,body.ios #comment-article-container [data-gu-name=body] .element-atom+#sign-in-gate+p:first-letter,body.ios #comment-article-container #comment-body .element-atom+p:first-letter,body.ios #comment-article-container #comment-body .element-atom+.sign-in-gate+p:first-letter,body.ios #comment-article-container #comment-body .element-atom+#sign-in-gate+p:first-letter,body.android #feature-article-container #article-body >div .element-atom+p:first-letter,body.android #feature-article-container #article-body >div .element-atom+.sign-in-gate+p:first-letter,body.android #feature-article-container #article-body >div .element-atom+#sign-in-gate+p:first-letter,body.android #feature-article-container .content–interactive >div .element-atom+p:first-letter,body.android #feature-article-container .content–interactive >div .element-atom+.sign-in-gate+p:first-letter,body.android #feature-article-container .content–interactive >div .element-atom+#sign-in-gate+p:first-letter,body.android #feature-article-container #feature-body .element-atom+p:first-letter,body.android #feature-article-container #feature-body .element-atom+.sign-in-gate+p:first-letter,body.android #feature-article-container #feature-body .element-atom+#sign-in-gate+p:first-letter,body.android #feature-article-container [data-gu-name=body] .element-atom+p:first-letter,body.android #feature-article-container [data-gu-name=body] .element-atom+.sign-in-gate+p:first-letter,body.android #feature-article-container [data-gu-name=body] .element-atom+#sign-in-gate+p:first-letter,body.android #feature-article-container #comment-body .element-atom+p:first-letter,body.android #feature-article-container #comment-body .element-atom+.sign-in-gate+p:first-letter,body.android #feature-article-container #comment-body .element-atom+#sign-in-gate+p:first-letter,body.android #standard-article-container #article-body >div .element-atom+p:first-letter,body.android #standard-article-container #article-body >div .element-atom+.sign-in-gate+p:first-letter,body.android #standard-article-container #article-body >div .element-atom+#sign-in-gate+p:first-letter,body.android #standard-article-container .content–interactive >div .element-atom+p:first-letter,body.android #standard-article-container .content–interactive >div .element-atom+.sign-in-gate+p:first-letter,body.android #standard-article-container .content–interactive >div .element-atom+#sign-in-gate+p:first-letter,body.android #standard-article-container #feature-body .element-atom+p:first-letter,body.android #standard-article-container #feature-body .element-atom+.sign-in-gate+p:first-letter,body.android #standard-article-container #feature-body .element-atom+#sign-in-gate+p:first-letter,body.android #standard-article-container [data-gu-name=body] .element-atom+p:first-letter,body.android #standard-article-container [data-gu-name=body] .element-atom+.sign-in-gate+p:first-letter,body.android #standard-article-container [data-gu-name=body] .element-atom+#sign-in-gate+p:first-letter,body.android #standard-article-container #comment-body .element-atom+p:first-letter,body.android #standard-article-container #comment-body .element-atom+.sign-in-gate+p:first-letter,body.android #standard-article-container #comment-body .element-atom+#sign-in-gate+p:first-letter,body.android #comment-article-container #article-body >div .element-atom+p:first-letter,body.android #comment-article-container #article-body >div .element-atom+.sign-in-gate+p:first-letter,body.android #comment-article-container #article-body >div .element-atom+#sign-in-gate+p:first-letter,body.android #comment-article-container .content–interactive >div .element-atom+p:first-letter,body.android #comment-article-container .content–interactive >div .element-atom+.sign-in-gate+p:first-letter,body.android #comment-article-container .content–interactive >div .element-atom+#sign-in-gate+p:first-letter,body.android #comment-article-container #feature-body .element-atom+p:first-letter,body.android #comment-article-container #feature-body .element-atom+.sign-in-gate+p:first-letter,body.android #comment-article-container #feature-body .element-atom+#sign-in-gate+p:first-letter,body.android #comment-article-container [data-gu-name=body] .element-atom+p:first-letter,body.android #comment-article-container [data-gu-name=body] .element-atom+.sign-in-gate+p:first-letter,body.android #comment-article-container [data-gu-name=body] .element-atom+#sign-in-gate+p:first-letter,body.android #comment-article-container #comment-body .element-atom+p:first-letter,body.android #comment-article-container #comment-body .element-atom+.sign-in-gate+p:first-letter,body.android #comment-article-container #comment-body .element-atom+#sign-in-gate+p:first-letter{color:var(–new-pillar-colour, #ffffff)}}body.ios.garnett–type-comment #comment-article-container .furniture-wrapper .standfirst,body.android.garnett–type-comment #comment-article-container .furniture-wrapper .standfirst{padding-top:24px;margin-top:0}.prose h2{font-size:24px}body.ios #feature-article-container #caption-button,body.ios #standard-article-container #caption-button,body.ios #comment-article-container #caption-button{padding:6px 5px 0}body.android #feature-article-container #caption-button,body.android #standard-article-container #caption-button,body.android #comment-article-container #caption-button{padding:4px 4px 0}@media (prefers-color-scheme: dark){:root:root:not([data-color-scheme=light]){–follow-text: #dcdcdc;–follow-icon-fill: var(–darkmode-pillar);–standfirst-text: #dcdcdc;–standfirst-link-text: var(–darkmode-pillar);–standfirst-link-border: var(–darkmode-pillar);–byline: var(–darkmode-pillar)}}.furniture-wrapper.has-guardian-org-logo #meta gu-island[name=Branding],.furniture-wrapper.has-guardian-org-logo [data-gu-name=meta] gu-island[name=Branding]{display:block!important}body.ios,body.android{background-color:#fff}body.ios #feature-article-container .furniture-wrapper .content__labels,body.ios #standard-article-container .furniture-wrapper .content__labels,body.ios #comment-article-container .furniture-wrapper .content__labels,body.android #feature-article-container .furniture-wrapper .content__labels,body.android #standard-article-container .furniture-wrapper .content__labels,body.android #comment-article-container .furniture-wrapper .content__labels,body.ios #feature-article-container .furniture-wrapper h1.headline,body.ios #standard-article-container .furniture-wrapper h1.headline,body.ios #comment-article-container .furniture-wrapper h1.headline,body.android #feature-article-container .furniture-wrapper h1.headline,body.android #standard-article-container .furniture-wrapper h1.headline,body.android #comment-article-container .furniture-wrapper h1.headline{font-weight:700}.article .article__body h2,article.content–interactive [data-gu-name=body] h2{font-weight:200}.article .article__body h2:has(strong),article.content–interactive [data-gu-name=body] h2:has(strong){font-weight:700}

    Her sharpest words were not in the body of her opinion. They were tucked away in a footnote.That subtle placement speaks volumes about Ketanji Brown Jackson, the supreme court’s newest member and already its fiercest liberal voice.The footnote in question can be found in Trump v Casa, the June ruling that gave a big boost to Donald Trump by clipping the wings of federal judges and limiting their use of nationwide injunctions to block the president’s worst excesses.Over 21 pages of taut dissent against Casa, Jackson decried the 6-3 ruling as “an existential threat to the rule of law” and a “sad day for America”. The ruling was “profoundly dangerous”, she wrote, because it gives Trump permission “to wield the kind of unchecked, arbitrary power the Founders crafted our Constitution to eradicate”.Looking ahead, she added that the decision would “surely hasten the downfall of our governing institutions, enabling our collective demise”.This is strong medicine. But then there is footnote No 5, which takes her dissent to another level entirely.In it, she cites The Dual State by Ernst Fraenkel, a German Jewish labor lawyer who fled the Nazis in 1938. Fraenkel’s book analysed how the Nazis had created two coexistent legal systems.There was the normative one that kept the economy of Germany running as usual. And then there was the separate legal system that operated alongside it, in which anyone deemed an enemy of the regime was stripped of all rights and subjected to arbitrary violence.In the footnote, Jackson quotes The Dual States’s description of the way unchecked power is incompatible with the rule of law:
    See E Fraenkel, The Dual State, pp xiii, 3, 71 (1941) (describing the way in which the creation of a ‘Prerogative State’ where the Executive ‘exercises unlimited arbitrariness … unchecked by any legal guarantees’ is incompatible with the rule of law)
    The footnote is three and a half lines of small print. But its import is booming.By citing Fraenkel’s work, the justice is drawing a parallel between the drift in jurisprudence that is taking place under the combined actions of Trump and the supreme court, and the legal structure of Nazi Germany.View image in fullscreenAziz Huq, a law professor at the University of Chicago, has studied The Dual State and wrote about it in the Atlantic a month before the Casa decision came down. Pointing to Jackson’s footnote, he said that it was clearly charged.“It’s hard not to see that as a kind of warning,” he said.On Monday, the nine justices of the US’s top court will assemble at the start of a new judicial term. They will share the usual niceties, make congenial small talk, then get down to business.It will be a tough time for Jackson, who has carved out a role as the “great dissenter” and has been challenging the conservative bloc that now controls the court.Outnumbered and outgunned by the rightwing supermajority, she and her two other liberal colleagues have had to watch from the sidelines as critical constitutional laws that have been settled for half a century have been torn up by the very court on which they sit.So far, the list of casualties includes the right to an abortion, affirmative action, environmental protections, voting rights and much more.Over the summer, the majority has also supercharged its shadow docket, in a series of temporary emergency decisions that have overturned lower court rulings and handed Trump almost everything he wants. That includes the ability to mass-fire federal employees, summarily deport migrants to war-torn countries, withhold billions of dollars in funds already approved by Congress and more.The liberal justices have granted us rare glimpses into the hardship of their working lives. Last year, Sonia Sotomayor told an audience at Harvard that there were days after the announcement of a ruling when she retreated to her office, closed the door and cried.Asked about her colleague’s mournful behavior a few weeks later, Elena Kagan said: “I’m not much of a crier. I’m more of a wall-slammer.”Jackson, who is 55, has studiously restrained herself in public. In recent book readings and talks she has come across as invariably cheerful and upbeat.She has reserved her evident frustrations – about the current state of the US, its presidency and its top court – exclusively for her dissents. Of which there have been many.Last term, Jackson wrote 10 dissents, more than any other justice including the ever vociferous far-right Clarence Thomas with nine. In her dissents, Jackson has piercingly criticised the court under the chief justice, John Roberts, for undermining the US’s foundations as a country of rules: no one is above the law and everyone has equal access to justice.In addition to her most searing writing in the Trump v Casa case, with its Fraenkel footnote, there have been a stream of other pointed dissents. In July, she castigated the court’s decision to allow Trump to go ahead with mass firings of federal workers, saying that it was “the wrong decision at the wrong moment”.In August, she lamented the decision by Roberts and his fellow rightwingers to allow Trump to cut almost $800m in federal health grants. She said the majority “bends over backward to accommodate” the administration’s wishes.Like Huq, Franita Tolson, dean of the University of Southern California Gould School of Law, sees Jackson’s dissents as sending a message. She is speaking directly to the American people, as well as to lower court judges who will have to interpret and apply the supreme court’s rulings going forward.View image in fullscreen“It is a warning,” Tolson said. “She is warning us about the state of our democracy, about threats to the rule of law. There’s a lot of unfair criticism, but she’s consistent. She believes what she believes, and she says it bravely.”The billion-dollar question is: amid all the noise, will Jackson’s message be heard?Jackson has paid a heavy price for sticking her neck so high above the parapet. She has been scoffed at for somehow stepping outside normal supreme court decorum by speaking out so forcefully.Some of the most caustic attacks have come from her own fellow justices on the right. The most scathing rebuke was made by Amy Coney Barrett, a Trump appointee, who disdainfully dismissed Jackson’s dissent in Trump v Casa as being untethered to conventional legal thinking or “frankly, to any doctrine whatsoever”.The comment must have stung. But Jackson has been accustomed to being criticised and maligned ever since she was a child.In her memoir Lovely One – the title is a translation of her African name, Ketanji Onyika – she recalls as a teenager asking her grandmother: “Why do they think just because I’m Black I’m going to steal from them?”Her grandmother replied: “Guard your spirit, Ketanji. To dwell on the unfairness of life is to be devoured by it.”She has kept that advice close as she has risen up the judicial ladder. “I rejected self-doubt and self-loathing,” she writes. “Instead I chose possibility. I chose purpose.”She has needed such personal armor. A year into her tenancy on the supreme court, she was targeted by Charlie Kirk, the rightwing activist who was murdered last month, as one of four prominent Black women whom he denigrated as “affirmative-action picks”.“You do not have the brain processing power to otherwise be taken really seriously. You had to go steal a white person’s slot to go be taken somewhat seriously,” he said on his podcast, The Charlie Kirk Show.The attacks coming at Jackson from fellow justices on the conservative wing of the supreme court have not been tainted with such overt racism. But some of the brickbats thrown at her have been bruising.Barrett’s riposte to Jackson in the Casa case was dripping with condescension. “We will not dwell on Justice Jackson’s argument,” Barrett wrote in her majority opinion.View image in fullscreenShe slammed Jackson’s dissent as being at odds with more than 200 years of precedent, “not to mention the Constitution itself”. She went on to accuse her of embracing “an imperial judiciary”.Barrett’s criticism was rooted in a textual approach to the law in which judgments are made up-close and line by line. Jackson, by contrast, is stretching for the bigger picture: she is standing back, widening the frame, and seeking to capture the peril of this singularly dangerous moment.The clash between the two justices raises questions. At a time when democracy and adherence to the rule of law is being tested to the breaking point, when the supreme court is under more pressure to safeguard democracy than at any time in recent history, is there a place for decorum? And if there is, who is breaching it?Is it the justice who is warning about the threat posed by an authoritarian-minded president? Or is it her peers who control the court, whom she argues are emboldening him?Jackson’s determination to sound the alarm can be traced in part to her personal history. She was born in Washington DC on 14 September 1970, just a few years after the civil rights movement achieved its crowning glories: the 1964 Civil Rights Act that ended southern segregation, and the 1965 Voting Rights Act that ensured access to the ballot box for African Americans.In her memoir, Jackson recalls growing up in Miami as the “only dark-skinned girl in rooms full of white kids”. Hard work and success in the high school debating team helped her walk into those rooms “with my head held high”.In her letter of application to Harvard (she was accepted as an undergraduate and went on to study at Harvard Law School), she said her dream was to become “the first Black, female supreme court justice to appear on a Broadway stage”.Audacious perhaps, but she did both. She joined the court as its first Black female justice in June 2022, and in December made a one-night guest appearance in the Broadway musical & Juliet.In Lovely One, she describes how she imbibed fundamental legal principles from the former supreme court justice Stephen Breyer, for whom she clerked (it was his seat on the court that she later assumed). He taught her about the importance of seeing legal theory not as a thing in itself, but as part of the great American experiment, with its commitment to government by and for the people and its rejection of monarchs and dictators.Jackson also articulates her sense of responsibility, as a Black woman standing on the shoulders of those who came before her, to protect the achievements of the civil rights struggle. As she noted the day after she was confirmed as a justice in her speech on the south lawn of the White House: “In my family, it took just one generation to go from segregation to the supreme court of the United States.”“She understands the assignment,” said Tolson, the USC School of Law dean. “She understands that she is standing on a legacy that is built on a constitution that works for everybody, not just some people.”View image in fullscreenThat assignment will be tougher than ever as Jackson enters her fourth year on the court on Monday. The nine-month term that lies ahead has the potential to profoundly affect the state of American democracy and the extent of presidential power.Enormous questions are on the docket, including whether Trump gets away with scrapping birthright citizenship and other blatantly unconstitutional moves. At stake are the future of Trump’s tariffs, the fate of hundreds of thousands of people facing deportation and similar numbers of federal workers who could lose their jobs, and the independence of the Federal Reserve.Voting rights are also on the line. Two cases coming before the justices have the potential to gut the final vestiges of the Voting Rights Act, eviscerating one of those crowning glories of the civil rights movement without which Jackson might not have hoped to climb to the top.The spotlight will be intense. The consequences will be immense.“She’s been preparing for this moment,” Tolson said, anticipating further poignant Jackson dissents in the months to come.“There’s a sadness to her dissents,” she added. “A sadness about where we are, a reflection of our politics. But there’s also a resolve. That we don’t have to be like this.” More

  • in

    Federal Reserve governor will keep job for now despite Trump’s bid to remove her

    Lisa Cook, the US Federal Reserve governor, will keep her job for now, despite Donald Trump’s extraordinary bid to remove her from the central bank’s board with immediate effect.The US supreme court deferred action on the Department of Justice’s request to allow the president to fire Cook, at least until it hears oral arguments on the case in January.Trump has launched an unprecedented campaign to exert greater control over the Fed, publicly lambasting the US central bank over its decisions, installing a close ally on its board of governors, and attempting to fire Cook.His battle for influence has raised questions over the independence of the Fed, which for decades has steered the US economy without political interference.Trump tried to “immediately” dismiss Cook in August, citing unconfirmed allegations of mortgage fraud dating back to before she joined the Fed in 2022. She has denied wrongdoing, and argued the president has no authority to fire her.On Wednesday morning the supreme court considered his attempt to remove Cook – the first-ever bid by a president to fire a Fed official – and the administration’s complaints about judge’s order which had temporarily blocked Trump from firing her while litigation over the termination continues in a lower court.The justices declined to immediately decide a justice department request to put on hold the judge’s order, enabling Cook to stay in post for now.Abbe Lowell, of Lowell & Associates, and Norm Eisen, of the Democracy Defenders Fund, representing Cook, in a statement said: “The court’s decision rightly allows Governor Cook to continue in her role on the Federal Reserve board, and we look forward to further proceedings consistent with the court’s order.”The justice department was contacted for comment. Karoline Leavitt, the White House press secretary, said the administration was looking forward to oral arguments before the court.Carl Tobias, at the University of Richmond School of Law, suggested that the decision to keep Cook in place, and the court’s announcement that it would hear oral arguments on the merits of the case in January, were “good signs for both sides”.“It does protect the independence of the Fed, at least in the short term,” Tobias told the Guardian. “The one big question is: even if they have arguments in January, when will they issue the ruling? That could come early, because I expect the government will ask them to expedite everything, but it could be as late as June.”The court’s decision to maintain the status quo in the short term should allow markets to “settle down” and mitigate the uncertainty around the Fed, he added.In creating the Federal Reserve in 1913, Congress passed a law called the Federal Reserve Act that included provisions to shield the central bank from political interference, requiring governors to be removed by a president only “for cause”, though the law does not define the term nor establish procedures for removal. The law has never been tested in court.skip past newsletter promotionafter newsletter promotionJia Cobb, a Washington-based US district judge, on 9 September ruled that Trump’s claims that Cook committed mortgage fraud before taking office, which Cook denies, were probably not sufficient grounds for removal under the Federal Reserve Act.Cook, the first Black woman to serve as a Fed governor, sued Trump in August after the president announced he would remove her. Cook has said the claims made by Trump against her did not give the president the legal authority to remove her and were a pretext to fire her because of her monetary policy stance.Trump has made no secret of his plans to influence the Fed, publicly describing plans to swiftly build “a majority” on its interest-rate setting committee of policymakers.He has repeatedly broken with precedent to demand rate cuts, and attack senior Fed officials, including its chair, Jerome Powell, when they repeatedly defied these calls.Powell has repeatedly stressed he is “strongly committed” to maintaining the Fed’s independence. His term as chair is due to end next year. The Trump administration has been drawing up plans to appoint a successor.Reuters contributed reporting More

  • in

    US supreme court allows Trump to withhold nearly $5bn in foreign aid

    The supreme court on Friday extended an order that allows Donald Trump’s administration to keep frozen nearly $5bn in foreign aid, handing him another victory in a dispute over presidential power.The court acted on the Republican administration’s emergency appeal in a case involving billions of dollars in congressionally approved aid. Trump said last month that he would not spend the money, invoking disputed authority that was last used by a president roughly 50 years ago.The justice department sought the supreme court’s intervention after US district judge Amir Ali ruled that Trump’s action was likely illegal and that Congress would have to approve the decision to withhold the funding.The federal appeals court in Washington declined to put Ali’s ruling on hold, but John Roberts, the chief justice, temporarily blocked it on 9 September. The full court indefinitely extended Roberts’ order.The court has previously cleared the way for the Trump administration to strip legal protections from hundreds of thousands of migrants, fire thousands of federal employees, oust transgender members of the military and remove the heads of independent government agencies.The legal victories, while not final rulings, all have come through emergency appeals, used sparingly under previous presidencies, to fast-track cases to the supreme court, where decisions are often handed down with no explanation.Trump told House speaker Mike Johnson in a 28 August letter that he would not spend $4.9bn in congressionally approved foreign aid, effectively cutting the budget without going through the legislative branch.He used what’s known as a pocket rescission. That’s a rarely used maneuver when a president submits a request to Congress toward the end of a current budget year to not spend the approved money. The late notice essentially flips the script. Under federal law,Congress has to approve the rescission within 45 days or the money must be spent. But the budget year will end before the 45-day window closes, and in this situation the White House is asserting that congressional inaction allows it to not spend the money.The Trump administration has made deep reductions to foreign aid one of its hallmark policies, despite the relatively meager savings relative to the deficit and possible damage to America’s reputation abroad as people lose access to food supplies and development programs.Justice department lawyers told a federal judge last month that another $6.5bn in aid that had been subject to the freeze would be spent before the end of the fiscal year next Tuesday. More