Often In Dissent, Sometimes Alone, Jackson Lays Out Progressive Vision For The Court

As they reshape American life, the conservative Supreme Court justices are working to realize the vision developed by the right-wing legal world they came from: weak regulatory agencies, an omnipotent executive, a flexible enough rule of law to imbue the courts (particularly theirs) with awesome power. 

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Why is Josh Hawley So Annoying?

Sen. Josh Hawley (R-MO) may be one of the most self-conscious politicians around today. Even for preening politicians, even in an era where we all walk around with a transmitter that allows us to express our thoughts to the world, there’s something about Hawley that makes every action seem calculated, made both to meet the expectations of the room he’s in and play on its resentments. 

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Lies, Lewd Texts, ‘Sexualized Relationship’ At Center Of Trump-Appointed Fed Judge’s Abrupt Resignation

A Trump-appointed federal judge in Alaska abruptly and with no explanation resigned from his position last Wednesday. 

Court documents made public Monday reveal that former U.S. District Judge Joshua Kindred’s resignation came after he was asked to voluntarily resign in response to a judicial investigation that found he had “an inappropriately sexualized relationship” with one of his law clerks during her clerkship and while she was an assistant district attorney and engaged in misconduct that was “pervasive and abusive.”

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‘Do Something’ Is Not A Plan Or Wise Counsel Or A Way Out

A special edition of TPM’s Morning Memo. Sign up for the email version.

When I moved to DC to open TPM’s bureau 15 years ago this month, it was a weird time in media, with the digital/new media revolution coming into full swing and TPM being the hot kid on the block.

That first year in DC, I was getting invitations to all kinds of events. And so it was that I ended up in the first half of 2010 at a swank book party co-hosted by some prominent journalists and got my first in-person introduction to what I’ve come to call the “Do-Something Caucus.”

We were in the midst of the Deepwater Horizon disaster. To refresh your memory: The deep-sea oil rig had a blowout in the Gulf of Mexico. The subsequent explosion and fire killed 11 workers. The rig sank, and the well hole leaked uncontrollably for months until it was finally capped in an effort that strained the limits of technical and human capability. It was an environmental catastrophe with far-reaching economic consequences for the Gulf Coast.

This book party was in that period when the well was gushing oil and ruining the salt water marshes, the oyster beds, the crab and shrimp industries, and the rich fishing grounds that sustained many local families and communities. It was being described as the first “crisis” of the Obama administration, though that is a little over-determined for reasons I’ll come back to. Regardless, the out-of-control oil spill was the talk of the party.

These were sophisticated people, old Washington hands, folks who’d been around the block more than once. But they were all atwitter about the spill and the Obama White House’s response to it. They were incredulous that this crisis was not yet in hand, flustered that more wasn’t being done about it, and adamant about the political price the Obama administration was paying for it.

As I do, I gently played devil’s advocate about the available options, the tough choices, and the challenges (and wisdom) of operating at the edge of our technological limits. But no one was much interested in that line of inquiry. They didn’t know the oil and gas industry, or the seafood industry, or the delicate fringe of wetland along the Louisiana coast that had been under siege for decades. What they knew and understood was politics.

Finally, in exasperation, the best-known journalist in attendance, someone you would recognize, exclaimed: “Well, they have to do SOMETHING!”

I’m not naming names because that’s not really the point, and in any event most of the principals from that evening, including the “Do Something!” advocate, have since died. But that exchange was striking to me in the moment, has lingered not far from my consciousness for a decade and half now, and is one I’ll probably never forget. It encapsulated so much about the Washington experience, and while I was familiar with it in general I had never seen it up-close before or so vividly.

To even begin to understand it, you have to unspool one of the presumptions that I already called into question above: that this was a “crisis” for the Obama White House. Yes, the federal government had a substantial role in offshore drilling via the old Minerals Management Service, and other agencies had some responsibilities for the immediate response, eventual containment, and the cleanup of the aftermath. But come on. This wasn’t the Obama White House’s doing. We were more than a decade into the new generation of deep-sea offshore drilling, and we’d just come off of eight years with an oilman in the White House. And besides, whenever political reporters talk about a “crisis” for the White House what they mean is a “political crisis.”

Fast forward to the political crisis that President Biden is facing today. Unlike the Deepwater Horizon disaster, you can properly lay the debate disaster and his failure to reckon with his own aging at his feet and his alone. But the feeding frenzy that has ensued, the type of coverage that we’ve been bombarded with for the last 12 days, and the expectation that this drumbeat demanding that he and/or the Democratic Party “do something!” is a choice, a whole series of choices in fact, rooted in a particular kind of news judgment. That news judgment is itself a product of a certain way of seeing politics and political journalism. A prism with some utility sometimes. But it also has its own distortions and limitations.

The greatest of these limitations is that much of political journalism is divorced from policy and the substance of politics. It’s the horserace coverage, the who’s up and who’s down, the who’s in and who’s out. And no matter how complex the topic, or carefully balanced the various competing public interests are on a given issue, or how long the history of tackling the issue in a substantive way, once it enters the realm of political journalism it goes through a reductive process that distills it to whether it’s good or bad politically. Does it help or does it hurt? And if it hurts, what are you going to do about it?

Once you’re in the lane occupied by political journalists, there are certain rules, customs, and expectations that subsume everything else. You’re in our lane now and you’re going to play by our rules. If all you know is politics, everything gets reduced to a craven political calculation. Actually, it’s worse than that. If all you know is political journalism, then it gets reduced to the political journalist’s projection of what politics is, what winning looks like, and who’s losing under that particular contrived set of calculations.

In a complicated and challenging world that exceeds our capacity to understand it, there is comfort in certainty. Political journalism and sports journalism have many unfortunate parallels. Sports itself offers the comfort of reducing the world to what happens between the lines on the field or pitch court, where there are set rules and assigned enforcers of those rules. We can tune everything else out. But politics is not a sport.

An election about whether the United States will continue its two and half century long experiment in representative democracy, where a convicted felon is running to return to the office he tried to seize through extralegal means, where the specter of a new form of fascism looms on the horizon is suddenly consumed by a political death watch for the only person at present standing between democracy and another Trump term in the White House. At some level it makes sense. The stakes are that high. But only up to a point.

I’m not trying to mount a defense of Joe Biden here. I still feel like the noob at the book party 15 years ago gently playing devil’s advocate for a sense of proportion. The sheer volume of stories about Biden’s age and possible infirmities is a choice. Floating the possibility that Biden has Parkinson’s on the basis of unconfirmed insinuations is a choice. Postulating that there’s been a White House coverup of Biden’s true condition based on flimsy evidence is a choice.

We should remain open to the evidence of such things. We should be critical and skeptical of Biden and his White House and of the news coverage that is feeding on and perpetuating itself. Above all, we need to maintain a sense of proportion when everyone around us has lost theirs.

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AOC & CBC

Yesterday evening I saw the first thing that made me think Joe Biden will weather this storm and remain the Democrats’ candidate for President. Alexandria Ocasio-Cortez appeared outside the Capitol stating clearly and categorically that Biden’s in the race and she supports him. Period. Interestingly she referred to having spoken to him “extensively” over the weekend. By my subjective impression, she didn’t say this, as I’ve seen some Democrats say things over the last week, in a way that struck me as a holding pattern remark. AOC obviously carries a lot of weight in the progressive wing of the party. But beyond that she has exceptionally good political instincts, both as to the general election as well as the mood within the congressional party. When I saw the video of her comments it was the first card I’d seen on the table in ten days which made me think this whole drama would go in President’s direction.

Then after seeing this I saw something that happened earlier in the day but which I hadn’t seen yet. (I spent much of the afternoon working on something else.) The Congressional Black Caucus came out squarely in favor of the President. This fits a historical pattern. The CBC remained steadfast for Bill Clinton in his most beleaguered days. But it also lines up with what I’d heard anecdotally about reactions to the last week among many African-American voters.

This thing has spun in so many directions I’m not inclined to make any predictions. But these developments strike me as very big deals.

Big Lie-Pilled Officials Are Now In Charge Of Election Admin In Counties Across The U.S.

The board of supervisors in a deep red Northern California county that has been battling election denialism since the aftermath of the 2020 election, recently appointed a new registrar of voters with zero election experience and a track record of promoting election misinformation. 

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Pelosi

One more thought on this dismal standoff between President Biden and many in his party. Democrats are now in this weird and sometimes jaw-dropping standoff in which major elected Democrats make statements criticizing their current de facto nominee in the hope he’ll stop being the nominee and make way for a better nominee even though they’re not really clear who that nominee will be. I’m not being as arch as I may sound. I get why they’re doing it. They think he needs to step aside for a more able nominee and this is their way of adding pressure. But to the extent it becomes a process with no clear end point it has some pretty obvious downsides. You have a damaged nominee and you damage him even further and he’s still your nominee. This has to go one way or another and fairly soon.

We’ve noted a few times that there are half a dozen or so Democratic party stakeholders with the clout and standing to force this issue. But among those Pelosi is at least the first among equals. There’s Schumer, Jeffries, Clyburn, maybe Obama. Large groups of officeholders would obviously speak with a force of their own. But I think this really comes down to her. She’s been very quiet over the last few days.

One way or another this has to be brought to a halt. In a very real sense the Biden v Trump contest has been replaced for the moment by a Biden v mostly, but not all, unnamed Democrats contest.

Trump Team Tries Harder And Harder To Hide What They Will Actually Do During Trump 2.0

Amid the chaos of the will-they, won’t-they storyline that has seized the Democratic Party in the wake of President Biden’s abysmal debate performance, team Trump has slipped into the quieter moments of the media maelstrom, trying to paint their agenda as much more moderate than it actually is.

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Names on Ballots – Micro-Explainer

This is another one of those focused, factual-question posts. As always, not trying to signal a larger point here. Just trying to address a specific question for the community which a number of TPM readers have asked me via email. Here goes.

There are suggestions out there, in some cases verging on urban legends, that no one is taking into account the fact that in many states the deadlines have already passed for switching the candidate names on the presidential ballots. Heritage has put out that they’ve got a team of lawyers ready to hit the courts. I’ve seen claims the the deadlines have passed in key swing states.

While I’m no election law expert and certainly no expert of individual state laws, I feel highly confident that none of this is accurate.

Here’s why.

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