The Latest
Here’s Where Each Conservative Justice Stands On The Theory That Could Upend Democracy
The Supreme Court will hear arguments on the independent state legislature theory this term.
10.01.22 | 9:02 am
Musings Prime Badge
09.30.22 | 1:26 pm

It’s interesting to step back sometimes and consider the possible big pictures of our times. These connections won’t be new to many of you. They’re not to me, as far as they go. But it’s been clarifying and helpful to me nonetheless. Today we have our ongoing battle over democracy and authoritarianism in the U.S. The UK is in its latest stage of its ongoing national self-immolation. Italy has just elected its first far-right government since Benito Mussolini’s rise to power in the early 1920s. Russia, which has made itself into the international clarion of rightist, revanchist nationalism, is stumbling through a succession of largely self-inflicted catastrophes in its war of choice in Ukraine.

The Wily Ron Johnson Prime Badge
09.30.22 | 10:26 am

A series of polls out of Wisconsin show why you simply cannot ever count Ron Johnson out, unfortunately. Johnson has been consistently unpopular with Wisconsin voters for sometime. There weren’t many polls of the reelection contest until the last month or so, after Mandela Barnes finally secured the Democratic nomination. Over that period polls have gone from showing a surprisingly robust lead for Barnes to show an almost equal advantage for Johnson.

These Judges are Corrupt
09.29.22 | 6:20 pm

Do take a moment to read Josh Kovensky’s report here on Judge Cannon’s latest order. It’s hard to capture just how unheard of and close to unprecedented this is. Trump literally asked for this particular judge to be the special master. Now only a couple weeks after his appointment she is jumping in and just overruling him in the most transparently one-sided ways. It’s really not too much to say that she’s essentially acting as Trump’s defense counsel — which is good I guess since he’s had a hard time holding on to them.

Special masters do work on behalf of the judge. At the end of the process he can make recommendations and she can simply not take them. So she is not acting beyond her authority in the narrow sense. But the point of the exercise is to have a respected outside party review evidence and make recommendations to the judge. By jumping in and overruling entirely reasonable and unremarkable decisions about how the review will be conducted she’s removing whatever pretense was left that she is there to oversee the case under the law as opposed to protect Trump. It’s not the worst of her orders in this ruling. Others are much worse on substance. But Special Master Dearie said he needed x amount of time to conduct the review. She jumps in and says, no actually you need to until past the election.

It’s all very transparent. But here we are. Read it.

Judge Cannon Does Trump Another Solid
Trump will no longer have to say whether he really believes that the FBI planted evidence.
09.29.22 | 4:34 pm
Listen To This: The Smorgasbord Episode
09.29.22 | 4:32 pm

A new episode of The Josh Marshall Podcast is live! This week, Josh and Kate discuss a charcuterie tray of a Supreme Court case, the latest hijinks of the two most infamous Democratic senators and some recent shifts in midterm polls.

You can listen to the new episode of The Josh Marshall Podcast here.