The Long, Hot Summer of Trump II Depredations

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.

A Snapshot of America in the Summer of 2025

I returned last night from a weeklong trip paddling down the Colorado River through the Grand Canyon. No phone signal. No news. No real contact with the outside world.

As I flew home yesterday and started trying to catch up on what I’d missed, I was quickly overwhelmed — as we all have been all year long — not just by the volume of news but by the peculiar dynamics (I’m still not sure I understand the Sydney Sweeney thing) and the distorted information ecosystem of the Trump era.

So if you’ll indulge me this morning, I’m going to offer a few snapshots of the current moment that caught the eye of someone who managed to escape the news cycle completely for a week. Distance from it restored me in some ways, but not necessarily in the ways I had expected.

I had hoped a week of marveling at geological time scales would make me more prone to see Donald Trump as a passing fad in the larger sweep of our political history. But I came back instead a bit more sensitive to how far we’ve fallen in such a short time.

WTF Is THIS?

Tim Cook pathetically kisses Trump's ass by pretending him with a "24 karat gold" gift

Aaron Rupar (@atrupar.com) 2025-08-06T21:22:07.390Z

Bringing Back Confederate Memorials

ARLINGTON, VIRGINIA – DECEMBER 20: Contractors work to dismantle and remove the Confederate Memorial in Section 16 at Arlington National Cemetery on December 20, 2023 in Arlington, Virginia. (Photo by Chip Somodevilla/Getty Images)

Defense Secretary Pete Hegseth ordered the reinstallation of a Confederate memorial at Arlington National Cemetery that had been removed in 2023.

‘Defend Your Culture’

The Department of Homeland Security’s new recruitment push — dubbed “Defend the Homeland” — includes the nationalistic blood and soil call to “defend your culture!”

Quote of the Day

“It’s difficult to overstate how dangerous this moment is. Using the machinery of criminal justice to pursue manufactured charges against political predecessors is the stuff of strongmen and collapsing democracies. … It corrodes trust in democratic transitions, chills dissent, and redefines political opposition as criminal subversion.”–Harry Litman, on Attorney General Pam Bondi ordering a grand jury investigation into former President Obama and officials in his administration

EXCLUSIVE

Director of National Intelligence Tulsi Gabbard overrode CIA officials’ concerns to release a classified House GOP report that challenged the intel community’s assessment of Russia’s interference in the 2016 election, the WaPo reports.

Census Citizenship Question Redux

A lot to unpack here, but for now suffice to say that President Trump is making another bid to exclude non-citizens from the census for apportioning House seats and Electoral College votes, after the courts blocked the ham-handed effort of his first term:

BREAKING: With #2030Census prep already underway, President Trump says he's instructed Commerce Dept to "immediately begin work" on a "new" census that excludes people living in the states without legal status from a count the 14th Amendment says must include “whole number of persons in each state”

Hansi Lo Wang (he/him) (@hansilowang.bsky.social) 2025-08-07T11:45:17.969Z

Good Read

Thomas Zimmer attempts to answer the difficult question of why right-wing ascendancy in America is happening now.

Trump’s Attack on Higher Ed: UC Edition

The University of California System is entering into talks with the Trump administration to try to restore half a billion dollars in federal research funding for UCLA that was suspended over trumped-up allegations that it fostered anti-semitism on campus during pro-Palestinian protests last year.

Trump Strips Federal Workers of Union Protections

The Department of Veterans Affairs became the first federal agency to purport to begin terminating union contracts, which effect some 400,000 workers, despite arguing in court that it would refrain from doing so.

UPDATE: TPM Journalism Fund

We’ve had a fantastic response to this year’s drive for the TPM Journalism Fund. As of this morning, we’re at $441,000+ … closing in on our goal of $500,000.

Regular readers know how important the TPM Journalism Fund is to the financial viability of TPM. We can’t do what we do without your financial support.

If you like Morning Memo, have come to rely on it as a regular part of your news diet, and want to show your support, please give today. A bonus reason to contribute: We can ease up on the fundraising pitches.

Speaking of Paddling …

WASHINGTON, DC – JULY 31: U.S. Vice President JD Vance speaks during an executive order signing ceremony with U.S. President Donald Trump in the Roosevelt Room of the White House on July 31, 2025. (Photo by Anna Moneymaker/Getty Images)

The U.S. Army Corps of Engineers increased the normal water releases from a dam on the Little Miami River in southwestern Ohio this month to accommodate a canoe trip by Vice President JD Vance that coincided with his 41st birthday, The Guardian reports. In the Guardian piece, there is a tension over whether the extra water was used to make the river more navigable for Vance’s Secret Service detail or to create a more ideal water level for the vice president’s personal recreation.

Do you like Morning Memo? Let us know!

The Trump Administration is Promoting Its Anti-Trans Agenda Globally at the United Nations

This story first appeared at ProPublica, a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

It was meant to be a routine discussion on pollution. One by one, delegates at the United Nations expressed support for a new panel of scientists who would advise countries on how to address chemicals and toxic waste.

But the U.S. delegate took the meeting in a new direction. She spent her allotted three minutes reminding the world that the United States now had a “national position” on a single word in the documents establishing the panel: gender.

“Use of the term ‘gender’ replaces the biological category of sex with an ever-shifting concept of self-assessed gender identity and is demeaning and unfair, especially to women and girls,” the delegate told the U.N. in June.

The Trump administration is pushing its anti-trans agenda on a global stage, repeatedly objecting to the word “gender” in international resolutions and documents. During at least six speeches before the U.N., U.S. delegates have denounced so-called “gender ideology” or reinforced the administration’s support for language that “recognizes women are biologically female and men are biologically male.”

The delegates included federal civil service employees and the associate director of Project 2025, the conservative blueprint for Trump’s policies, who now works for the State Department. They delivered these statements during U.N. forums on topics as varied as women’s rights, science and technology, global health, toxic pollution and chemical waste. Even a resolution meant to reaffirm cooperation between the U.N. and the Association of Southeast Asian Nations became an opportunity to bring up the issue.

Insisting that everyone’s gender is determined biologically at birth leaves no room for the existence of transgender, nonbinary and intersex people, who face discrimination and violence around the world. Intersex people have variations in chromosomes, hormone levels or anatomy that differ from what’s considered typical for male and female bodies. A federal report published in January, just before President Donald Trump took office, estimated there are more than 5 million intersex Americans.

On at least two occasions, U.S. delegates urged the U.N. to adopt its language on men and women, though it’s unclear if the U.S.’ position has led to any policy changes at the U.N. But the effects of the country’s objections are more than symbolic, said Kristopher Velasco, a sociology professor at Princeton University who studies how international institutions and nongovernmental organizations have worked to expand or curtail LGBTQ+ rights.

U.N. documents can influence countries’ policies over time and set an international standard for human rights, which advocates can cite as they campaign for less discriminatory policies, Velasco said. The phrase “gender ideology” has emerged as a “catchall term” for far-right anxieties about declining fertility rates and a decrease in “traditional” heterosexual families, he said.

At the U.N., the administration has promoted other aspects of its domestic agenda. For example, U.S. delegates have demanded the removal of references to tackling climate change and voted against an International Day of Hope because the text contained references to diversity, equity and inclusion. (The two-page document encouraged a “more inclusive, equitable and balanced approach to economic growth” and welcomed “respect for diversity.”)

But the reflexive resistance to the word “gender” is particularly noteworthy.

Advocates for LGBTQ+ rights said the U.S.’ repeated condemnation of “gender ideology” signals support for more repressive regimes.

The U.S. is sending the world “a clear message: that the identities and rights of trans, nonbinary, and intersex people are negotiable,” Ash Lazarus Orr, press relations manager at the nonprofit Advocates for Trans Equality, said in a statement.

Laurel Sprague, research director at the Williams Institute, a policy center focused on sexual orientations and gender identities at the University of California, Los Angeles, said she’s concerned that other countries will take similar positions on transgender rights to gain favor with the U.S. Last month Mike Waltz, Trump’s nominee for ambassador to the U.N., told a Senate committee that he wants to use a country’s record of voting with or against the U.S. at the U.N. as a metric for deciding foreign aid.

In response to detailed questions from ProPublica, White House Deputy Press Secretary Anna Kelly said in a statement: “President Trump was overwhelmingly elected to restore common sense to government, which means focusing foreign policy on securing peace deals and putting America First — not enforcing woke gender ideology.”

A clash between Trump’s administration and certain U.N. institutions over transgender rights was almost inevitable.

Trump’s hostility to transgender rights was a key part of his election campaign. On his first day in office, he issued an executive order called “Defending women from gender ideology extremism and restoring biological truth to the federal government.” The order claimed there were only two “immutable” sexes. Eight days later, Trump signed an executive order restricting gender-affirming surgery for anyone under 19. Federal agencies have since forced trans service members out of the military and sued California for its refusal to ban trans athletes from girls’ sports teams.

In June, the U.N. High Commissioner for Human Rights criticized American government officials for their statements “vilifying transgender and non-binary people.” The human rights office urges U.N. member states to provide gender-affirming care and says the organization has “affirmed the right of trans persons to legal recognition of their gender identity and a change of gender in official documents, including birth certificates.” The office also supports the rights of intersex people.

“Intersex people in the U.S. are extremely worried” that they will become bigger targets, said Sylvan Fraser Anthony, legal and policy director at the intersex advocacy group InterACT.

“In all regions of the world, we are witnessing a pushback against women’s human rights and gender equality,” Laura Gelbert Godinho Delgado, a spokesperson for the U.N.’s human rights office, said in an email. “This has fueled misogyny, anti-LGBTI rhetoric, and hate speech.”

The Trump administration’s insistence on litigating “gender” complicates the already ponderous procedures of the U.N. Many decisions are made by consensus, which could require representatives from more than 100 countries to agree on every word. Phrases and single words still under debate are marked with brackets. Some draft documents end up with hundreds of brackets, awaiting resolution at a subsequent date.

At the June meeting on chemical pollution, delegates decided to form a scientific panel but couldn’t agree on crucial details about whether the panel’s purpose included “the protection of human health and the environment.” A description of the panel included brackets on whether it would work in a way that integrates “gender equality and equity” or “equality between men and women.”

The U.S. delegate, Liz Nichols, reminded the U.N. at one point that it “is the policy of the United States to use clear and accurate language that recognizes women are biologically female and men are biologically male. It is important to acknowledge the biological reality of sex to support the needs and perspectives of women and girls.”

Career staffers like Nichols are hired for subject-matter expertise and work to execute the agenda of whichever administration is in charge, regardless of personal beliefs. Nichols has a doctorate in ecology from Columbia University and has worked for the State Department since 2018. When asked for comment, she referred ProPublica to the State Department.

A State Department spokesperson said in a statement, “As President Trump’s Executive Orders and our public remarks have repeatedly stated, this administration will continue to defend women’s rights and protect freedom of conscience by using clear and accurate language and policies that recognize women are biologically female, and men are biologically male.”

Gender is a crucial factor in chemical safety, said Rachel Radvany, environmental health campaigner at the Center for International Environmental Law who attended the meeting. Pregnant people are uniquely vulnerable to chemical exposure and women are disproportionately exposed to toxic compounds, including through beauty and menstrual products.

Radvany said the statement read by Nichols contributed to the uncertainty on how the panel would consider gender in its work. The brackets around gender-related issues and other topics remained in the draft decision and will have to be resolved at a future gathering that may not happen until next summer.

The U.S. has also staked out similar positions at U.N. meetings focused on gender. At a session of the Commission on the Status of Women in March, Jonathan Shrier, a longtime State Department employee who now works for the U.S. Mission to the United Nations, said the U.S. disapproved of a declaration supporting “the empowerment of all women and girls” that mentioned the word “gender.” The phrase “all women and girls” in U.N. documents has been used as a way to be inclusive of trans women and girls.

Shrier read a statement saying that several factors in the text made it impossible for the U.S. to back the resolution, which the commission had recently adopted. That included “lapses in using clear and accurate language that recognizes women are biologically female and men are biologically male.”

During the summit, Shrier repeated those talking points at an event co-sponsored by the U.S. government and the Center for Family and Human Rights, or C-Fam. The group’s mission statement says its goal is the “preservation of international law by discrediting socially radical policies at the United Nations and other international institutions.”

Shrier directed questions to the U.S. Mission to the United Nations, which did not respond. Responding to questions from ProPublica, C-Fam’s president, Austin Ruse, said in a statement that the U.S. position on gender is in line with the definitions found in an important U.N. document on the empowerment of women from 1995.

Some countries have pushed back against the U.S.’ stance, often in ways that appear subtle to the casual observer. The U.N. social and environmental forums where these speeches have been delivered tend to operate with a culture of civility and little direct confrontation, said Alessandra Nilo, external relations director for the Americas and the Caribbean at the International Planned Parenthood Federation. Nilo has participated in U.N. forums on HIV/AIDS and women’s health since 2000.

When other delegates speak out in support of diversity and women’s rights, it’s a sign of their disapproval and a way to isolate the U.S., Nilo said. During the women’s rights summit, the delegate from Brazil celebrated “the expansion of gender and diversity language” in the declaration.

Nilo said many countries are scared to speak out for fear of losing trade deals or potential foreign aid from the U.S.

Advocating an “America First” platform, Trump has upended U.S. commitments to multinational organizations and alliances. He signed orders withdrawing the U.S. from the World Health Organization and various U.N. bodies, such as the Human Rights Council and the cultural group UNESCO.

It’s rare for the U.N. to directly affect legislation in the U.S. But the Trump administration repeatedly cites concerns that U.N. documents could supersede American policy.

In April, the U.S. criticized a draft resolution on global health debated at a meeting of the U.N. Commission on Population and Development. Spencer Chretien, the U.S. delegate, opposed references to the U.N.’s Sustainable Development Goals, which provide a blueprint for how countries can prosper economically while improving gender equality and protecting the environment. Chretien called the program a form of “soft global governance” that conflicts with national sovereignty. Chretien also touted the administration’s “unequivocal rejection of gender ideology extremism” and renewed membership in the Geneva Consensus Declaration, an antiabortion document signed by more than 30 countries, including Russia, Hungary, Saudi Arabia and South Sudan. The first Trump administration co-sponsored the initiative in 2020 before the Biden administration withdrew from it.

Chretien helped write Project 2025 when he worked at The Heritage Foundation. He is now a senior bureau official in the State Department’s Bureau of Population, Refugees and Migration. Chretien couldn’t be reached for comment.

The U.N. proposal on global health faced additional opposition from Burundi, Djibouti and Nigeria, where abortion is generally illegal. Delegates from those countries were upset about references to “sexual and reproductive health services,” which could include abortion access. The commission chair withdrew the resolution, seeing no way to reach consensus.

During a July forum about a document on sustainable development, the U.S. delegate, Shrier, asked for a vote on several paragraphs about gender, climate change and various forms of discrimination. In his objections, he cited two paragraphs that he argued advanced “this radical abortion agenda through the terms ‘sexual and reproductive health’ and ‘reproductive rights.’”

The final vote on whether to retain those paragraphs was 141 to 2, with only the U.S. and Ethiopia voting no. (Several countries abstained.)

When the results lit up the screen, the chamber broke into thunderous applause.

Doris Burke contributed research.

Russ Vought Is Talking A Big Game—But Even This Supreme Court Might Not Back It Up

A hallmark of the second Trump presidency is the White House’s insatiable, gradually progressing power grab.

It has steadily crafted, through legal and illegal means, a once-unimaginably muscular presidency. In recent months, the administration has started to itch for more, jealously eyeing Congress’ greatest power and responsibility and coveting it for itself. 

Continue reading “Russ Vought Is Talking A Big Game—But Even This Supreme Court Might Not Back It Up”

We Need Your Help with This

We are now almost to $430,000 ($428,583)! The momentum builds! Can we get to $440,000 by the end of the day? Click here!!!!!!!

We really need to pull out all the stops now. Today is the end of the third week of this year’s annual TPM Journalism Fund drive. We need to get to $425,000 by the end of the day to stay on track. We’re currently at $409,743. If you’ve been considering it please make today the day you join us. It’s super quick. Just click right here.

Trump Admin Takes Its Desperate Midcycle Redistricting Scheme to Indiana

While Texas Republicans threaten elected state Democrats with arrest for trying to resist President Trump’s power grab via their state’s congressional maps, the Trump administration is trying to plant some mid-decade gerrymandering seeds in Indiana, too.

Continue reading “Trump Admin Takes Its Desperate Midcycle Redistricting Scheme to Indiana”

There’s a Big Sea Change Underway Among Even the Most Conventional Dems

I wanted to flag for you what I think is an important shift in the assumptions and behaviors of key institutionalist or middle-of-the-road Democrats. Here I don’t mean ideology so much as behavior, the critical spectrum between fight and norms.

Four days ago, Chuck Schumer or, most likely, someone on his social media team, posted a screen shot of an AP headline that read “Senate heads home with no deal to speed confirmations as irate Trump tells Schumer to ‘go to hell.'”

Continue reading “There’s a Big Sea Change Underway Among Even the Most Conventional Dems”

In Firing the BLS Chief, Trump Escalates His Administration’s War on Data

President Trump’s firing of Commissioner of Labor Statistics Erika McEntarfer last Friday brought into laser focus how willing he is to manipulate federal data in his favor. 

McEntarfer’s dismissal came just hours after a monthly jobs report showed the labor market performed more sluggishly than previously reported. The revisions were large, but not without precedent. Trump’s decision to target McEntarfer, however, will undoubtedly make the history books.

Continue reading “In Firing the BLS Chief, Trump Escalates His Administration’s War on Data”

Congressional Watchdog Publishes Aptly Timed Reminder That WH Budget-Slashing Scheme is Illegal

A congressional watchdog agency, the Government Accountability Office (GAO), published a post Wednesday morning reaffirming that “pocket rescissions” — a supposed loophole that the Trump White House thinks it can use to seize Congress’ power of the purse — are illegal.

Continue reading “Congressional Watchdog Publishes Aptly Timed Reminder That WH Budget-Slashing Scheme is Illegal”

We Need to Talk About Why Trump Judicial Nominees Won’t Talk About Obergefell

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.

This Could Be Roe all Over Again

Some of Trump’s judicial nominees have refused in confirmation hearings to acknowledge that the Supreme Court’s 2015 decision in Obergefell v. Hodges, striking down state bans on same-sex marriage as unconstitutional, was correctly decided. According to an analysis by JP Collins at the legal website Balls and Strikes, Eric Tung, who Trump nominated to the U.S. Court of Appeals for the Ninth Circuit, said only, “the Supreme Court granted such a right.” William Mercer, a nominee to the U.S. District Court for the District of Montana, said Obergefell is  “binding precedent,” but declined to “grade the Supreme Court.”

As Collins points out, these verbal gymnastics to avoid saying the case was correctly decided mirror those of Trump’s first term Supreme Court nominees who said Roe v. Wade was precedent but would not say it was correctly decided — and then voted to overturn it. 

One might say marriage equality is different from abortion. Obergefell is just 10 years old, and Roe was decades old. But the most important feature that both decisions share is the enmity of the Christian right, and its determination to overturn them, no matter how many years or decades it takes.

Even before the court decided Obergefell in 2015, the Christian right was already planning to treat it just like Roe. The Supreme Court’s 1973 decision, they argued, was not the end of the abortion issue but rather the beginning. They used money, media, political might, religion, and relentless organizing to use abortion to drive politics and shape the judiciary. Their plans for Obergefell and LGBTQ rights are no different.

The New Big Law

In this New York Times story about the Washington Litigation Group, one of several new law firms formed to challenge hundreds of lawless Trump administration actions and policies, we learn that one of the members of the firm’s steering committee, Peter Keisler, was a founder of the Federalist Society and a former George W. Bush DOJ official. “We’ve just never before seen this kind of systematic effort by a government to use all possible levers of government power against perceived opponents,” Keisler told the Times about the need for the new firm. 

Keisler’s background — and his trajectory from Federalist Society founder to Trump critic — is actually even more interesting than the story reveals. Bush had nominated Keisler to the U.S. Court of Appeals for the D.C. Circuit in 2006, but he was never confirmed (the filibuster was still in place for judicial nominations, and then Democrats retook the Senate). Democrats resisted putting Keisler on D.C. appellate court, often a steppingstone to the Supreme Court, in part because the Bush administration reportedly saw Keisler, a former clerk to Justice Anthony Kennedy and Judge Robert Bork, as potential high court material. Some very intriguing alternative history right there.

Whitehouse Keeps Attention on D.C. Circuit Stay of Boasberg Contempt Proceedings

Sen. Sheldon Whitehouse (D-RI) has written to Supreme Court Chief Justice John Roberts, raising questions about why a three-judge panel on the D.C. Circuit has maintained an administrative stay on contempt proceedings initiated by the district court’s chief judge, James Boasberg, in the case challenging the administration’s disappearance of Venezuelan detainees to the CECOT prison in El Salvador. The stay remained in place as Senate Republicans confirmed top Justice Department official Emil Bove, who had, according to a whistleblower report, urged line attorneys to say “fuck you” to district court orders. “If a court of the United States was used to stall contempt proceedings, in order to create a window for Senate confirmation of an individual central to those contempt proceedings…it would be a significant blow to the independence and integrity of the Judicial Branch,” Whitehouse wrote

Trump Administration Takes Its Transphobia Global

At the United Nations, U.S. delegates have repeatedly condemned “gender ideology” or “reinforced the administration’s support for language that ‘recognizes women are biologically female and men are biologically male’” since Trump took office in January, ProPublica reports. It is part of a broader pattern of Trump officials attacking transgender rights internationally, even to the point of objecting to the use of the word “gender.”

ICE to Target Gen Z With Employment Recruitment Blitz

Immigration and Customs Enforcement is seeking to contract with an advertising firm to help it “dominate” social media with a recruitment blitz aimed at Gen Z, with a goal of hiring more than 14,000 people to work for the agency, according to 404 Media.

One LLC Gets $231 Million in Federal Funds to Run Secretive ICE Facility in Texas

The El Paso Times has aerial photographs of the non-public construction of a new 5,000-bed ICE immigrant detention facility under construction at Fort Bliss in Texas. Acquisition Logistics LLC, a Virginia company, was awarded a $231,878,229 firm-fixed-price contract “to establish and operate” the facility, the newspaper reports. In other (lack of) transparency news, in Florida, TPM’s Hunter Walker finds that contract and other public documents relating to the Alligator Alcatraz prison have vanished, possibly illegally. And in other grotesque ICE prison camp news, Department of Homeland Security Secretary Kristi Noem yesterday announced an Alligator Alcatraz look-alike in Indiana — the “Speedway Slammer.”

RFK, Jr. Axes Government Support for Medical Marvel

The Health and Human Services Secretary has taken direct aim at health and humans by cancelling $500 million in federal contracts to develop vaccines using mRNA technology — like the vaccines against COVID-19 and vaccines in development to combat bird flu and other respiratory viruses.

Maxwell Transfer to Club Fed a ‘Travesty of Justice,’ Says Former Prison Official

Former Bureau of Prisons officials are angry about the transfer of convicted Jeffrey Epstein accomplice Ghislaine Maxwell to a minimum security camp in Texas. “To relocate a sex offender serving 20 years to a country club setting is offensive to victims and others serving similar crimes,” Robert Hood, a former Bureau of Prisons chief of internal affairs, told NBC News.

Comer Subpoenas Clintons

As expected, House Oversight Committee Chair James Comer (R-KY) has issued subpoenas in the Epstein saga, notably to Hillary and Bill Clinton, and former FBI directors James Comey and Robert Mueller — part of the MAGA effort to deflect attention from Trump’s connections to Epstein and to blame Democrats for, well, everything. Notably, Axios notes, Alex Acosta, the former federal prosecutor who negotiated the 2008 “sweetheart” plea deal for Epstein in Florida and later became Labor Secretary in Trump’s first administration, is not on the subpoena list. He is, however, on Newsmax’s board of directors.

TACOs for Meteorologists

The Office of Personnel Management has authorized the rehiring of 450 meteorologists, hydrologists, and radar technicians who were axed from the National Weather Service by the Department of Government Efficiency.

Do you like Morning Memo? Let us know!

The Sydney Sweeney News Cycle Proves That Democrats Simply Can’t Win

If you’re lucky enough to have missed it, here’s the skinny on the Sydney Sweeney news cycle from hell: American Eagle put out an ad starring the actress that features a jeans/genes double entendre (“Genes are passed down from parents to offspring,” she says in the ad. “My jeans are blue.”). Cue an online freakout from people arguing that the ad is a Nazi/white supremacist/eugenicist dogwhistle. 

Continue reading “The Sydney Sweeney News Cycle Proves That Democrats Simply Can’t Win”