A Specter Is Haunting the GOP—The Specter of Abortion

There’s a specter haunting the Republican Party — the specter of abortion. While it’s difficult to say that an issue that is important to so many voters and that has been talked about in politics for decades is still underrated as a driver of recent political outcomes, that somehow manages to be the case. Debates over transgender rights, “parents’ rights,” crime politics and inflation drive more headlines. But abortion is turning the tide in more elections.

The American political class got an early heads up in the Kansas abortion referendum blowout less than six weeks after the Supreme Court handed down the Dobbs decision on June 24, 2022. We saw it again in Wisconsin on Tuesday, as the liberal Supreme Court candidate, Janet Protasiewicz, trounced the conservative, Daniel Kelly, in this consistently 50-50 state by 11 points. Gov. Gretchen Whitmer used her prodigious political talent and a host of issues to drive Republicans from power in all three branches of state government in Michigan. But the core issue has been abortion rights. Of course, abortion was likely the single, central issue — coupled with a broader rejection of Republican extremism — which turned the 2022 midterm election from a GOP rout to a Democratic upset. Abortion is now acting like an electoral riptide or a shark, especially across the northern tier of the country, unseen at the surface but pulling one Republican after another under the waves.

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Tennessee GOPers Expel First Of Three Dems Who Joined Gun Protests

Tennessee Democratic Rep. Justin Jones of Nashville was expelled from the state House by Republicans on Thursday in a 72-25 vote — all the result of a Republican leadership effort to equate a peaceful gun protest in the state House to the Jan. 6 insurrection.

Continue reading “Tennessee GOPers Expel First Of Three Dems Who Joined Gun Protests”

5 Points On The North Carolina GOP’s New Supermajority, And The Mysterious Former Dem Who Delivered It

In a week otherwise full of positive news for liberals, one spot has hit a nerve: a switch by one longtime Democratic North Carolina lawmaker to the GOP.

Continue reading “5 Points On The North Carolina GOP’s New Supermajority, And The Mysterious Former Dem Who Delivered It”

AOC Renews Calls For Clarence Thomas To Resign From SCOTUS, This Time Over Luxury Gifts From GOP Megadonor

Rep. Alexandria Ocasio-Cortez (D-NY) called for Supreme Court Justice Clarence Thomas to be impeached Thursday after a bombshell report exposed that he’d received gifts, including years of luxury trips, from a billionaire Republican megadonor — and didn’t disclose them.

Continue reading “AOC Renews Calls For Clarence Thomas To Resign From SCOTUS, This Time Over Luxury Gifts From GOP Megadonor”

Fox News Host Doocy Calls Out Trump Attacks On Judge’s Family: ‘A Very Bad Look’

Fox News host Steve Doocy criticized the ex-president for his attacks on the judge overseeing his criminal case.

Continue reading “Fox News Host Doocy Calls Out Trump Attacks On Judge’s Family: ‘A Very Bad Look’”

Founder Of News Site Covering Tennessee Gun Protests Says Shots Fired At His Home

Justin Kanew, the founder of “The Tennessee Holler” — a progressive news site— says his home was shot at on Saturday night just hours after he posted footage of his coverage of a protest against lax gun laws in the state. Some Democrats in the state legislature participated in similar protests Thursday and state Republican leadership is moving to expel them today. 

Continue reading “Founder Of News Site Covering Tennessee Gun Protests Says Shots Fired At His Home”

Five Points On Idaho’s Newly Passed, First-Of-Its-Kind Abortion Ban 

Idaho Gov. Brad Little (R) signed a first-of-its-kind law Wednesday evening, which bans minors from traveling out of state for an abortion without parental consent.  

Continue reading “Five Points On Idaho’s Newly Passed, First-Of-Its-Kind Abortion Ban “

Democrats Cannot Let DeSantis Define Himself To Latino Voters Nationwide

This article is part of TPM Cafe, TPM’s home for opinion and news analysis.

Despite Republican Gov. Ron DeSantis’ extremist positions and open embrace of MAGA in Florida, at the national level he has managed to portray himself as a certain type of common sense conservative. While his ability to actually attract GOP voters nationally has come into question in recent weeks, his potential to increase support for Republicans with Latino voters should concern Democrats. 

Continue reading “Democrats Cannot Let DeSantis Define Himself To Latino Voters Nationwide”

Clarence Thomas Secretly Accepted Luxury Trips From Major GOP Donor

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

In late June 2019, right after the U.S. Supreme Court released its final opinion of the term, Justice Clarence Thomas boarded a large private jet headed to Indonesia. He and his wife were going on vacation: nine days of island-hopping in a volcanic archipelago on a superyacht staffed by a coterie of attendants and a private chef.

If Thomas had chartered the plane and the 162-foot yacht himself, the total cost of the trip could have exceeded $500,000. Fortunately for him, that wasn’t necessary: He was on vacation with real estate magnate and Republican megadonor Harlan Crow, who owned the jet — and the yacht, too.

For more than two decades, Thomas has accepted luxury trips virtually every year from the Dallas businessman without disclosing them, documents and interviews show. A public servant who has a salary of $285,000, he has vacationed on Crow’s superyacht around the globe. He flies on Crow’s Bombardier Global 5000 jet. He has gone with Crow to the Bohemian Grove, the exclusive California all-male retreat, and to Crow’s sprawling ranch in East Texas. And Thomas typically spends about a week every summer at Crow’s private resort in the Adirondacks.

The extent and frequency of Crow’s apparent gifts to Thomas have no known precedent in the modern history of the U.S. Supreme Court.

These trips appeared nowhere on Thomas’ financial disclosures. His failure to report the flights appears to violate a law passed after Watergate that requires justices, judges, members of Congress and federal officials to disclose most gifts, two ethics law experts said. He also should have disclosed his trips on the yacht, these experts said.

Thomas did not respond to a detailed list of questions.

In a statement, Crow acknowledged that he’d extended “hospitality” to the Thomases “over the years,” but said that Thomas never asked for any of it and it was “no different from the hospitality we have extended to our many other dear friends.”

Through his largesse, Crow has gained a unique form of access, spending days in private with one of the most powerful people in the country. By accepting the trips, Thomas has broken long-standing norms for judges’ conduct, ethics experts and four current or retired federal judges said.

“It’s incomprehensible to me that someone would do this,” said Nancy Gertner, a retired federal judge appointed by President Bill Clinton. When she was on the bench, Gertner said, she was so cautious about appearances that she wouldn’t mention her title when making dinner reservations: “It was a question of not wanting to use the office for anything other than what it was intended.”

Virginia Canter, a former government ethics lawyer who served in administrations of both parties, said Thomas “seems to have completely disregarded his higher ethical obligations.”

“When a justice’s lifestyle is being subsidized by the rich and famous, it absolutely corrodes public trust,” said Canter, now at the watchdog group CREW. “Quite frankly, it makes my heart sink.”

ProPublica uncovered the details of Thomas’ travel by drawing from flight records, internal documents distributed to Crow’s employees and interviews with dozens of people ranging from his superyacht’s staff to members of the secretive Bohemian Club to an Indonesian scuba diving instructor.

Federal judges sit in a unique position of public trust. They have lifetime tenure, a privilege intended to insulate them from the pressures and potential corruption of politics. A code of conduct for federal judges below the Supreme Court requires them to avoid even the “appearance of impropriety.” Members of the high court, Chief Justice John Roberts has written, “consult” that code for guidance. The Supreme Court is left almost entirely to police itself.

There are few restrictions on what gifts justices can accept. That’s in contrast to the other branches of government. Members of Congress are generally prohibited from taking gifts worth $50 or more and would need pre-approval from an ethics committee to take many of the trips Thomas has accepted from Crow.

Thomas’ approach to ethics has already attracted public attention. Last year, Thomas didn’t recuse himself from cases that touched on the involvement of his wife, Ginni, in efforts to overturn the 2020 presidential election. While his decision generated outcry, it could not be appealed.

Crow met Thomas after he became a justice. The pair have become genuine friends, according to people who know both men. Over the years, some details of Crow’s relationship with the Thomases have emerged. In 2011, The New York Times reported on Crow’s generosity toward the justice. That same year, Politico revealed that Crow had given half a million dollars to a Tea Party group founded by Ginni Thomas, which also paid her a $120,000 salary. But the full scale of Crow’s benefactions has never been revealed.

Long an influential figure in pro-business conservative politics, Crow has spent millions on ideological efforts to shape the law and the judiciary. Crow and his firm have not had a case before the Supreme Court since Thomas joined it, though the court periodically hears major cases that directly impact the real estate industry. The details of his discussions with Thomas over the years remain unknown, and it is unclear if Crow has had any influence on the justice’s views.

In his statement, Crow said that he and his wife have never discussed a pending or lower court case with Thomas. “We have never sought to influence Justice Thomas on any legal or political issue,” he added.

In Thomas’ public appearances over the years, he has presented himself as an everyman with modest tastes.

“I don’t have any problem with going to Europe, but I prefer the United States, and I prefer seeing the regular parts of the United States,” Thomas said in a recent interview for a documentary about his life, which Crow helped finance.

“I prefer the RV parks. I prefer the Walmart parking lots to the beaches and things like that. There’s something normal to me about it,” Thomas said. “I come from regular stock, and I prefer that — I prefer being around that.”

“You Don’t Need to Worry About This — It’s All Covered”

Crow’s private lakeside resort, Camp Topridge, sits in a remote corner of the Adirondacks in upstate New York. Closed off from the public by ornate wooden gates, the 105-acre property, once the summer retreat of the same heiress who built Mar-a-Lago, features an artificial waterfall and a great hall where Crow’s guests are served meals prepared by private chefs. Inside, there’s clear evidence of Crow and Thomas’ relationship: a painting of the two men at the resort, sitting outdoors smoking cigars alongside conservative political operatives. A statue of a Native American man, arms outstretched, stands at the center of the image, which is photographic in its clarity.

A painting that hangs at Camp Topridge shows Crow, far right, and Thomas, second from right, smoking cigars at the resort. They are joined by lawyers Peter Rutledge, Leonard Leo and Mark Paoletta, from left. Credit: Painting by Sharif Tarabay

The painting captures a scene from around five years ago, said Sharif Tarabay, the artist who was commissioned by Crow to paint it. Thomas has been vacationing at Topridge virtually every summer for more than two decades, according to interviews with more than a dozen visitors and former resort staff, as well as records obtained by ProPublica. He has fished with a guide hired by Crow and danced at concerts put on by musicians Crow brought in. Thomas has slept at perhaps the resort’s most elegant accommodation, an opulent lodge overhanging Upper St. Regis Lake.

The mountainous area draws billionaires from across the globe. Rooms at a nearby hotel built by the Rockefellers start at $2,250 a night. Crow’s invitation-only resort is even more exclusive. Guests stay for free, enjoying Topridge’s more than 25 fireplaces, three boathouses, clay tennis court and batting cage, along with more eccentric features: a lifesize replica of the Harry Potter character Hagrid’s hut, bronze statues of gnomes and a 1950s-style soda fountain where Crow’s staff fixes milkshakes.

Crow’s access to the justice extends to anyone the businessman chooses to invite along. Thomas’ frequent vacations at Topridge have brought him into contact with corporate executives and political activists.

Thomas fishing in the Adirondacks. Via NYup.com.

During just one trip in July 2017, Thomas’ fellow guests included executives at Verizon and PricewaterhouseCoopers, major Republican donors and one of the leaders of the American Enterprise Institute, a pro-business conservative think tank, according to records reviewed by ProPublica. The painting of Thomas at Topridge shows him in conversation with Leonard Leo, the Federalist Society leader regarded as an architect of the Supreme Court’s recent turn to the right.

In his statement to ProPublica, Crow said he is “unaware of any of our friends ever lobbying or seeking to influence Justice Thomas on any case, and I would never invite anyone who I believe had any intention of doing that.”

“These are gatherings of friends,” Crow said.

Crow has deep connections in conservative politics. The heir to a real estate fortune, Crow oversees his family’s business empire and recently named Marxism as his greatest fear. He was an early patron of the powerful anti-tax group Club for Growth and has been on the board of AEI for over 25 years. He also sits on the board of the Hoover Institution, another conservative think tank.

A major Republican donor for decades, Crow has given more than $10 million in publicly disclosed political contributions. He’s also given to groups that keep their donors secret — how much of this so-called dark money he’s given and to whom are not fully known. “I don’t disclose what I’m not required to disclose,” Crow once told the Times.

Crow has long supported efforts to move the judiciary to the right. He has donated to the Federalist Society and given millions of dollars to groups dedicated to tort reform and conservative jurisprudence. AEI and the Hoover Institution publish scholarship advancing conservative legal theories, and fellows at the think tanks occasionally file amicus briefs with the Supreme Court.

On the court since 1991, Thomas is a deeply conservative jurist known for his “originalism,” an approach that seeks to adhere to close readings of the text of the Constitution. While he has been resolute in this general approach, his views on specific matters have sometimes evolved. Recently, Thomas harshly criticized one of his own earlier opinions as he embraced a legal theory, newly popular on the right, that would limit government regulation. Small evolutions in a justice’s thinking or even select words used in an opinion can affect entire bodies of law, and shifts in Thomas’ views can be especially consequential. He’s taken unorthodox legal positions that have been adopted by the court’s majority years down the line.

Soon after Crow met Thomas three decades ago, he began lavishing the justice with gifts, including a $19,000 bible that belonged to Frederick Douglass, which Thomas disclosed. Recently, Crow gave Thomas a portrait of the justice and his wife, according to Tarabay, who painted it. Crow’s foundation also gave $105,000 to Yale Law School, Thomas’ alma mater, for the “Justice Thomas Portrait Fund,” tax filings show.

Crow said that he and his wife have funded a number of projects that celebrate Thomas. “We believe it is important to make sure as many people as possible learn about him, remember him and understand the ideals for which he stands,” he said.

To trace Thomas’ trips around the world on Crow’s superyacht, ProPublica spoke to more than 15 former yacht workers and tour guides and obtained records documenting the ship’s travels.

On the Indonesia trip in the summer of 2019, Thomas flew to the country on Crow’s jet, according to another passenger on the plane. Clarence and Ginni Thomas were traveling with Crow and his wife, Kathy. Crow’s yacht, the Michaela Rose, decked out with motorboats and a giant inflatable rubber duck, met the travelers at a fishing town on the island of Flores.

Touring the Lesser Sunda Islands, the group made stops at Komodo National Park, home of the eponymous reptiles; at the volcanic lakes of Mount Kelimutu; and at Pantai Meko, a spit of pristine beach accessible only by boat. Another guest was Mark Paoletta, a friend of the Thomases then serving as the general counsel of the Office of Management and Budget in the administration of President Donald Trump.

Paoletta was bound by executive branch ethics rules at the time and told ProPublica that he discussed the trip with an ethics lawyer at his agency before accepting the Crows’ invitation. “Based on that counsel’s advice, I reimbursed Harlan for the costs,” Paoletta said in an email. He did not respond to a question about how much he paid Crow.

(Paoletta has long been a pugnacious defender of Thomas and recently testified before Congress against strengthening judicial ethics rules. “There is nothing wrong with ethics or recusals at the Supreme Court,” he said, adding, “To support any reform legislation right now would be to validate these vicious political attacks on the Supreme Court,” referring to criticism of Thomas and his wife.)

The Indonesia vacation wasn’t Thomas’ first time on the Michaela Rose. He went on a river day trip around Savannah, Georgia, and an extended cruise in New Zealand roughly a decade ago.

As a token of his appreciation, he gave one yacht worker a copy of his memoir. Thomas signed the book: “Thank you so much for all your hard work on our New Zealand adventure.”

Crow’s policy was that guests didn’t pay, former Michaela Rose staff said. “You don’t need to worry about this — it’s all covered,” one recalled the guests being told.

There’s evidence Thomas has taken even more trips on the superyacht. Crow often gave his guests custom polo shirts commemorating their vacations, according to staff. ProPublica found photographs of Thomas wearing at least two of those shirts. In one, he wears a blue polo shirt embroidered with the Michaela Rose’s logo and the words “March 2007” and “Greek Islands.”

Thomas didn’t report any of the trips ProPublica identified on his annual financial disclosures. Ethics experts said the law clearly requires disclosure for private jet flights and Thomas appears to have violated it.

Thomas has been photographed wearing custom polo shirts bearing the logo of Crow’s yacht, the Michaela Rose. Credit: via Flickr, Washington Examiner

Justices are generally required to publicly report all gifts worth more than $415, defined as “anything of value” that isn’t fully reimbursed. There are exceptions: If someone hosts a justice at their own property, free food and lodging don’t have to be disclosed. That would exempt dinner at a friend’s house. The exemption never applied to transportation, such as private jet flights, experts said, a fact that was made explicit in recently updated filing instructions for the judiciary.

Two ethics law experts told ProPublica that Thomas’ yacht cruises, a form of transportation, also required disclosure.

“If Justice Thomas received free travel on private planes and yachts, failure to report the gifts is a violation of the disclosure law,” said Kedric Payne, senior director for ethics at the nonprofit government watchdog Campaign Legal Center. (Thomas himself once reported receiving a private jet trip from Crow, on his disclosure for 1997.)

The experts said Thomas’ stays at Topridge may have required disclosure too, in part because Crow owns it not personally but through a company. Until recently, the judiciary’s ethics guidance didn’t explicitly address the ownership issue. The recent update to the filing instructions clarifies that disclosure is required for such stays.

How many times Thomas failed to disclose trips remains unclear. Flight records from the Federal Aviation Administration and FlightAware suggest he makes regular use of Crow’s plane. The jet often follows a pattern: from its home base in Dallas to Washington Dulles airport for a brief stop, then on to a destination Thomas is visiting and back again.

ProPublica identified five such trips in addition to the Indonesia vacation.

On July 7 last year, Crow’s jet made a 40-minute stop at Dulles and then flew to a small airport near Topridge, returning to Dulles six days later. Thomas was at the resort that week for his regular summer visit, according to a person who was there. Twice in recent years, the jet has followed the pattern when Thomas appeared at Crow’s properties in Dallas — once for the Jan. 4, 2018, swearing-in of Fifth Circuit Judge James Ho at Crow’s private library and again for a conservative think tank conference Crow hosted last May.

Thomas has even used the plane for a three-hour trip. On Feb. 11, 2016, the plane flew from Dallas to Dulles to New Haven, Connecticut, before flying back later that afternoon. ProPublica confirmed that Thomas was on the jet through Supreme Court security records obtained by the nonprofit Fix the Court, private jet data, a New Haven plane spotter and another person at the airport. There are no reports of Thomas making a public appearance that day, and the purpose of the trip remains unclear.

Jet charter companies told ProPublica that renting an equivalent plane for the New Haven trip could cost around $70,000.

On the weekend of Oct. 16, 2021, Crow’s jet repeated the pattern. That weekend, Thomas and Crow traveled to a Catholic cemetery in a bucolic suburb of New York City. They were there for the unveiling of a bronze statue of the justice’s beloved eighth grade teacher, a nun, according to Catholic Cemetery magazine.

As Thomas spoke from a lectern, the monument towered over him, standing 7 feet tall and weighing 1,800 pounds, its granite base inscribed with words his teacher once told him. Thomas told the nuns assembled before him, “This extraordinary statue is dedicated to you sisters.”

He also thanked the donors who paid for the statue: Harlan and Kathy Crow.

Have You SEEN Dominion’s Witness List For The Fox News Trial?

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo.

This Could Be Really, Really Good

The Delaware judge in the landmark Dominion Voting Systems v. Fox case said in a Wednesday hearing that he would not block the expected forthcoming subpoenas for the trial testimony of Rupert and Lachlan Murdoch.

It sets up an amazing potential witness list for the trial scheduled to begin April 17:

  • Rupert Murdoch
  • Lachlan Murdoch
  • Tucker Carlson
  • Sean Hannity
  • Lou Dobbs
  • Maria Bartiromo
  • Jeanine Pirro
  • Bret Baier
  • Dana Perino
  • Paul Ryan (Yes, that one! He’s on the Fox board.)
  • Fox News CEO Suzanne Scott
  • Fox chief legal officer Viet Dinh

I say “potential” witness list because not all of these people may ultimately testify if the case goes to trial AND the case may yet settle. The clock is ticking … 11 days and counting.

Pence Poised To Testify Against Trump

Given all of Mike Pence’s public puffery on this to date, seemingly in service of his own personal political ambitions in 2024, I’m a bit surprised by how quick and complete his climbdown is: Pence will not continue to resist on Speech or Debate Clause grounds a grand jury subpoena in Special Counsel Jack Smith’s Jan. 6 investigation.

Pence recently won a narrow carveout not to testify about some things related to his quasi-legislative role as president of the Senate, and he won’t carry that fight any farther. Meanwhile, President Trump fought the Pence subpoena on executive privilege grounds and lost, meaning Pence is free to testify about things related to his executive branch role as vice president. It’s not clear yet whether Trump will appeal that decision.

(One caveat: The court orders in both disputes remain sealed because they’re part of grand jury proceedings, so what we know about them is based on largely anonymous accounts from those directly involved in the case.)

It Bears Repeating: Trump Wanted To Seize Voting Machines In 2020

This whole episode continues to fascinate me … and apparently Special Counsel Jack Smith, too. The highlights of the new reporting from CNN (emphasis mine):

  • Chad Wolf, the former acting Homeland Security secretary, and his former deputy Ken Cuccinelli were asked about discussions inside the administration around DHS seizing voting machines when they appeared before the grand jury earlier this year, according to three people familiar with the proceedings.”
  • “Trump’s former national security adviser Robert O’Brien, in a closed-door interview with federal prosecutors earlier this year, also recounted conversations about seizing voting machines after the 2020 election, including during a heated Oval Office meeting that Trump participated in, according to a source familiar with the matter.”
  • “Now some of those same officials, including Wolf, Cuccinelli and O’Brien, as well as others who have so far refused to testify, may have to return to the grand jury in Washington, DC, to provide additional testimony after a series of pivotal court rulings that were revealed in recent weeks rejected Trump’s claims of executive privilege.”

Indicted Trump Wants To Defund Federal Law Enforcement

The silver lining of Donald Trump perhaps is that the GOP has finally given up its insidious role as the law and order party:

Iconic

Scoop Of The Day!

ProPublica: Clarence Thomas Secretly Accepted Luxury Trips From Major GOP Donor

Elon Musk Is Playing A Dangerous Game

The reckless and unsupportable decision by Twitter to label NPR as “US state-affiliated media” imperils the public radio network’s personnel in hot spots around the globe. NPR is not state affiliated, it’s not a mouthpiece for the U.S. government, and it bears no resemblance to actual state press organs. Encouraging anyone to think otherwise is a dangerous game.

There Goes Your Invite On My Gulfstream, Paul!

My old colleague Paul Kiel tees up a good one on how the tax code is skewed to benefit the ultrawealthy.

Remember: Urban Means Black

The urban-rural divide in American politics is, of course, real. But the GOP’s grab bag of rhetorical attacks on big Democratic cities is an unadulterated dose of racism. That’s what MTG is trafficking in here with Tucker Carlson. It’s a racist screed against the Black mayor of New York City, with all the usual tropes: dirty, smelly, shiftless, drug-addled, etc:

A Quick Note

As we approach the end of the first week of the TPM membership drive, I wanted to reach out personally to the Morning Memo community for support. Many of you are already members, so THANK YOU! For those who aren’t, becoming a TPM member is the single greatest way to show your support for what we do because, frankly, it allows us to keep doing it. Pretty simple. You know what to do:

CLICK HERE TO JOIN!

Since it launched a year and half ago, Morning Memo has come into its own as a vital part of TPM. The Morning Memo audience is a vibrant subset of the broader TPM community. It includes folks who receive it as a free newsletter, an incredibly active commenter klatch that races to make the first comment of the day, and readers who email in feedback and tips.

I’m grateful to each of you! It’s been a very rewarding experiment in sharing the news and engaging with you in a different way than I have in the past.

I hope to see you as a TPM member. Thanks again!