The Debt Limit is Unconstitutional

Along with a categorical refusal to negotiate on raising the debt ceiling, Democrats need to start now making the affirmative case that the debt ceiling is itself unconstitutional. Back in 2011 President Obama said he had spoken to legal scholars and concluded this was not “a winning argument.”

This again is an example of Democrats playing to the elite legal academy, credentialed opinion.

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Durbin Troubles

The other issue with Durbin, and the far more important one, is the debt limit. He said the right things this morning in the same interview: no negotiation on the debt limit, period. But that’s now. Durbin is the deputy leader in the Senate. All the gravitational pull to seek press and elite D.C. approbation will be put to the test in coming months over the debt ceiling. Durbin’s a very weak reed to rely on.

Durbin An Embarrassment

Like more than a few Democrats, Sen. Dick Durbin (D-IL) embarrassed himself this morning on the Biden documents case. He said President Biden is “diminished” by the situation. On Trump and Biden: “At its heart, the issue is the same. Those documents should not have been in the personal possession of either Joe Biden or Donald Trump,” he said. In each case, after whacking Biden around a bit, he went on to lamely distinguish between the two situations. Those distinctions, needless to say, will never be the headlines, never garner attention, never be what shapes news coverage. Manchin of course was worse, saying Biden “should have a lot of regrets” and questioning whether we know whether Biden’s or Trump’s actions are more egregious.

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Klain to Depart as Chief of Staff

Ron Klain, White House Chief of Staff, will reportedly announce he’s departing the position shortly. I have no inside knowledge of what’s behind this. I suspect it’s mostly the reality that there’s a short half life to the position itself. Indeed, rattling around my head for 20 years is a Klain anecdote in which he told his staff, when departing as Al Gore’s Chief of Staff in 1999, that the position is ”like a milk carton, and milk cartons have an expiration date.” I doubt it is about any substantive disagreements about anything

The only thing I can think to add about the transition is that this period is a major transition regardless. The next two years will be very, very different from the last two. There aren’t going to be any big legislative initiatives — no trying to get House progressives somehow on board with whatever new demand comes from Manchin and Sinema. That’s done. It will be about two things: First, seeing whether the House Freedom Caucus breaks the Republic or whether they are in turn broken by President Biden. Second, laying the groundwork for the 2024 election in which everything will be on the line. The outcome of the first largely determines the possibilities for the second.

Given this shift it wouldn’t surprise me if we saw a few more personnel changes. It’s just a very different brief.

Websites Selling Abortion Pills Are Sharing Sensitive Data With Google

This article was originally published at ProPublica, a Pulitzer Prize-winning investigative newsroom.

Online pharmacies that sell abortion pills are sharing sensitive data with Google and other third parties, which may allow law enforcement to prosecute those who use the medications to end their pregnancies, a ProPublica analysis has found.

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Supreme Court Marshal Spoke With Justices During Dobbs Leak Probe, Did Not Make Them Sign Sworn Affidavits

The Supreme Court Marshal said Friday that she did speak with the justices during her investigation into the source of the Dobbs leak, but that she did not ask them to sign sworn affidavits. 

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Federal Judge Drags DeSantis—But Ultimately Is Forced To Rule In His Favor

A federal judge ruled on Friday that Governor Ron DeSantis had violated the Florida state constitution and the First Amendment when he suspended a county prosecutor last year. But the judge also found that he doesn’t have the power to put Warren back in office.

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NYT Whitewatering Very Strongly

For those of you who remember the embarrassment of the Times coverage of the “Whitewater” scandal, it must seem like déjà vu all over again. It does to me. The paper’s editors are trying, and I mean really trying, to make the Biden classified documents issue a thing. And I mean a grave thing. The stage was ably set by the subject line of the email I received blasting out their latest deep dive on the story: “Inside Biden’s 68 days of silence.” It’s this like a Gabriel García Márquez homage? I mean good lord. Are we really doing this again? Of course we are. It’s how they roll.

I took the liberty of a short set of annotations.

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Democratic Rep. Gallego Reportedly Poised To Announce Bid For Sinema’s Senate Seat

Rep. Ruben Gallego (D-AZ), who has been less than coy about his intentions for months, will announce his bid for Senate on Monday, according to multiple outlets. 

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Out of Patience

Is the federal judiciary running out of patience with Donald Trump? Or, at least, one federal judge? Yesterday, as David noted this morning, federal judge Donald Middlebrooks hit Trump and his lawyers with almost $1 million in sanctions for their meritless and absurd lawsuit against Hillary Clinton and others. Trump has been notorious for decades for constantly threatening and sometimes filing predatory, frivolous and abusive lawsuits. But he’s mostly gotten away with it. That seemed to come to end with Judge Middlebrooks’ hefty sanctions.

Then this morning, Trump withdrew his case against New York Attorney General Tish James. What do the two cases have in common? They’re both before Judge Middlebrooks, a federal judge in Florida.

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