This likely goes without saying. But I’ll say it anyway and add a few points. The occasional non-terribly ruling by the corrupt Supreme Court doesn’t reduce the necessity of reform one iota. I’m not as wound up as I might have been by the anti-constitutional and frankly absurd independent agency ruling only because it was telegraphed so long in advance. (ICYMI, the Court ruled that the president has the authority to fire civil servants, unless they work for the Federal Reserve. More from Kate Riga on that here). I call the ruling absurd only because of what I guess we need to call the as-yet-tact “sound money” doctrine which makes the Fed somehow different from every other independent agency because of the more general “because” doctrine.
What I want to note here is what is semi-taken for granted even by many who despise the Court’s corruption. And that is the way it is more or less assumed now that any law, prohibition, or imperative assumed or embraced by Democrats goes up for review by the Court as though it were some kind of Guardian Council or perhaps more aptly an upper legislative house like the House of Lords. Of course judicial review is not new. That goes back 225 years. Key pieces of New Deal legislation were overruled by the pre-Carolene Products Court. And you have the entire Lochner era in which the Court held that most of what we would now call garden-variety regulation was unconstitutional.
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We seem to be in one of those very MAGA interludes in which members of Donald Trump’s base are not so much rebelling as in a process of mourning. They are struggling to find a path to discovering that up turns out to be down, or that the things that they have always professed to care about do not matter because Trump has announced they do not matter. Lindsey Graham seems to be maybe 3/4s through the process. Ted Cruz is working on it. But some of his supporters, especially a number of those who aren’t in elective politics are having a harder time, at least for now. The dynamic, the level of shock is very straightforward. Most of MAGAworld has gone along with the premise that the war in Iran, or Trump’s management of it, has actually been going great all along. Trump is underestimated, the Lamestream media, etcetera. Wait to see the final deal. Trump won’t let Iran get away with anything.
A lot of these folks are now coming into contact with the reality of the situation, from zero to 60 in two or three seconds. It’s pretty jarring. The deal as structured, from what I can tell at least, contains more or less exactly the details that Iranian state media has been reporting for weeks and which the White House claimed was IRGC propaganda. Maybe the U.S. isn’t contributing to the $300 billion Iran rebuilding fund. But it’s overseeing and guaranteeing its creation. So it’s a fairly minor distinction. There are also some odd signals from within the White House that they might pull the plug on the whole thing. For instance, JD Vance agreed with Megyn Kelly that the deal could be scrapped if Trump’s supporters had an “utter meltdown.” Trump has hinted that he might scrap the deal too but has mainly focused on attacking those who are pointing out that the emperor has no clothes, perhaps not even an agreement.
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Independent media can feel like an isolating place. Most of us operate as individuals or in small newsrooms with limited resources, throwing spaghetti at the wall to try to reach new audiences and get our stories in front of people in an ever-more-consolidated media environment.
But we’re in this together, as celebrated historian and writer Heather Cox Richardson reminded us in a generous live interview with TPM’s Kate Riga and Josh Marshall this afternoon.
HCR had Josh and Kate on to talk about what it’s like to report on today’s frenetic politics; the founding and future of TPM; and what independent media will look like in the years to come.
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Callais, combined with today’s court ruling in Virginia, has jolted Democrats and sent commentators into bemoaning an accelerating “race to the bottom” and, to paraphrase Jeff Zeleny on CNN this afternoon, the end to norms that have organized American politics and redistricting for generations.
I’d like to offer a significantly different view of the situation. What we have seen over recent months is that Democrats have largely abandoned the mode of the last decade plus in which with one hand they fought the partisan battles of the day and with the other assume the mantle of defending the political norms Republicans have already destroyed. In other words, it was the responsibility of Democrats both to be contestants and referees. Republicans violated norms; Democrats tried to uphold them. That of course meant no partisan battle was ever on equal terms and Republicans almost always won them.
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