Some Possibilities

“If the Democrats hold the House and add two Senators in November I will vote to pass a law making Roe’s protections the law nationwide and change the filibuster rules to guarantee that bill gets an up or down vote. And I will do that in January 2023.”


All On the Line 

I continue to believe — in fact it’s all but a certainty — that continued Democratic control of Congress and any near-term restoration of abortion rights across the country rests almost entirely on Democrats making a firm commitment to pass such a law in January 2023. It’s creeping forward. A handful of Senate Democrats who hadn’t committed before have now done so. President Biden has said he supports doing so — not relevant in any direct sense but a very important signal. But it needs to move quickly.

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Thank You Again

I want to again thank everyone who’s contributed in our TPM Journalism Fund drive over the last 48 hours. As I noted, the last leg of even a successful drive is always the hardest. But this latest push has gotten us within shooting distance of our goal. We’re just shy of $190,000. We might even get to $200,000 this weekend.

If you want to help us keep up this momentum, just click right here. We so appreciate it. You’ve put smiles on all of our faces.


Where Things Stand: SCOTUS Could Be Poised To Make Future Coup Attempts Easier

This is your TPM evening briefing.

The Supreme Court’s decision today to take up Moore v. Harper set off alarms across the election law world. The case offers a dramatic reimagining of the balance of powers at the state and federal level. And, importantly, the legal theory at the heart of the case shares considerable DNA with the animating theory that Trump and his cronies drew on as they sought to get the courts to overturn the 2020 election.

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Durbin Says He’ll Release Hearings Kraken on Dobbs 

Earlier today we heard from TPM Reader JR in Illinois who was sad and dejected after hearing mealymouthed answers from the offices of Senators Durbin and Duckworth about whether they were prepared both to pass a Roe bill and change the filibuster rules to give it an up or down vote. Now we just heard from TPM Reader FH who got a fundraising email from “Dick Durbin” (I use the scare quotes whenever referring to a pol’s online fundraising alter ego) in which he asks FH if he can “count on your support before our midnight deadline” for his fight for reproductive rights.

Then he announces the hearing (emphasis added): “Simply put, I’m doing everything I can to fight back. I’m leading the Senate Judiciary Committee in a hearing about this SCOTUS decision next month and I’m still fighting tooth and nail to protect reproductive rights at the federal level.”



I want to thank everyone who’s contributed to the TPM Journalism Fund over the last 24 hours and over the last couple weeks. When we started this drive I was … well, I hesitate to say ‘skeptical’ that we’d reach our goal but I thought we had our work cut out for us. We’re now increasingly confident we’ll get there. But the last leg of the race is always the most challenging. Yesterday we started at $150,000, 3/4 of the way to our goal. We’re starting today just over $170,000 over $180,000. That’s a big jump in 24 36 hours, especially when we’ve been at it for two weeks. Again, we all really appreciate it. Big things ahead. If you’d like to contribute, just click right here.


Low Energy in Ole Virginny 

TPM Reader NL chimes in from Virginia …

I just called the DC offices of my Senators — Warner and Kaine. I asked the staffers whether the Senators supported suspending the filibuster to codify abortion rights.

Warner’s office said that the Senator supports legislation to codify abortion rights but that he does not have a position on the suspending the filibuster for it. Kaine’s office was similar, except that Kaine’s position is that he supports a rule change to reinstate the talking filibuster.


Listen To This: The Committee And The Court

A new episode of The Josh Marshall Podcast is live! This week, Josh and Kate discuss the latest Jan. 6 committee hearing and the Supreme Court’s decision ending the constitutional right to an abortion.

You can listen to the new episode of The Josh Marshall Podcast here.


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SCOTUS Will Hear Case Next Term That Could Transform Election Law

After knee-capping the federal government’s ability to address greenhouse gases and other national regulatory issues Thursday, the Supreme Court announced that it would hear a case next term that could effectively eliminate the role of state courts and dramatically increase the power of state legislatures in questions of federal election law, a potentially huge win for the right in the wake of Donald Trump’s 2020 election theft attempt. 

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