The Commentariat -- June 17, 2021
Late Morning Update:
John Kruzel of the Hill: "The Supreme Court on Thursday upheld ObamaCare against the latest Republican challenge, preserving the landmark law and its key protections for millions of people with preexisting health conditions. The justices ruled 7-2 that the GOP challengers lacked standing to sue." MB: @10:12 am ET, this is a breaking story, so that's all there is. The argument will almost certainly come before the Court again, the next time with a plaintiff that the Court would deem had standing (i.e., someone who claimed "injury" under the law). It ain't over till it's over. Update: The New York Times report, by Adam Liptak, is here.
Supremes Say It's A-OK to Discriminate Against Gay Couples. Adam Liptak of the New York Times: "The Supreme Court on Thursday unanimously ruled that Philadelphia may not bar a Catholic agency that refused to work with same-sex couples from screening potential foster parents. Chief Justice John G. Roberts Jr., writing for six members of the court, said that since the city allowed exceptions to its policies for some other agencies it must also do so in this instance. The Catholic agency, he wrote, 'seeks only an accommodation that will allow it to continue serving the children of Philadelphia in a manner consistent with its religious beliefs; it does not seek to impose those beliefs on anyone else.'" The AP's report is here.
Adam Liptak of the New York Times: "The Supreme Court ruled on Thursday in favor of two American corporations accused of complicity in child slavery on Ivory Coast cocoa farms. The decision was the latest in a series of rulings imposing strict limits on lawsuits brought in federal court based on human rights abuses abroad. The case was brought by six citizens of Mali who said they were trafficked into slavery as children. They sued Nestlé USA and Cargill, saying the firms had aided and profited from the practice of forced child labor. Justice Clarence Thomas, writing for the majority, said the companies' activities in the United States were not sufficiently tied to the asserted abuses."
Colby Itkowitz & Peter Hermann of the Washington Post: "Rep. Andrew S. Clyde (R-Ga.), who voted against awarding police officers the Congressional Gold Medal for their bravery in protecting the U.S. Capitol against violent, pro-Trump rioters on Jan. 6, refused to shake hands with D.C. police officer Michael Fanone on Wednesday. Fanone was beaten unconscious after he voluntarily rushed to the Capitol to help defend it from those who breached the building. He suffered a concussion and a mild heart attack. In the months since, Fanone has been one of the leading voices pushing back against Republicans who have sought to downplay the severity of what happened Jan. 6. Fanone, joined by Capitol Police Officer Harry Dunn, returned to the Capitol on Wednesday, the day after 21 House Republicans voted against the Gold Medal resolution, in an effort to meet them and tell his story. [Fanone] said he recognized Clyde at an elevator and that he and Dunn hopped in with the congressman. 'I simply extended my hand and said, "How are you doing today, Congressman." I knew immediately he recognized me by the way he reacted. He completely froze. He just stared at me,' Fanone said...."
Fraudit Takes a Road Trip. Brad Reed of the Raw Story: "Data collected from the widely criticized pro-Trump Arizona vote 'audit' has now been shipped to a mysterious 'lab' in Montana to be 'forensically evaluated.'... However, the so-called lab's exact location in the state remains a secret. CNN reporter Gary Tuchman did some detective work and discovered a piece of property owned by Cipher's CEO in Montana, but he could not determine whether that location was the one where the data was taken." MB: I'm sure we don't have to worry about the integrity of the vote count now.
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Jonathan Lemire, et al., of the AP: "President Joe Biden and Russian President Vladimir Putin concluded their summit on Wednesday with an agreement to return their nations' ambassadors to their posts in Washington and Moscow and a plan to begin work toward replacing the last remaining treaty between the two countries limiting nuclear weapons. But the two leaders offered starkly different views on difficult simmering issues including cyber and ransomware attacks originating from Russia. Putin insisted anew that his country has nothing to do with such attacks, despite U..S. intelligence that indicates otherwise. Biden, meanwhile, said that he made clear to Putin that if Russia crossed certain red lines -- including going after major American infrastructure -- his administration would respond and 'the consequences of that would be devastating[.]'" (Also linked yesterday afternoon.) ~~~
~~~ David Sanger, et al., of the New York Times: "highly anticipated first summit meeting between President Biden and President Vladimir V. Putin of Russia ended early on Wednesday and was described by both sides as a series of polite but adamantly stated disagreements about which country is the greater force of global disruption. After about three hours of talks, the two leaders emerged, separately, and offered professional respect for each other, like two skilled boxers describing the other's prowess. Both expressed a desire for a better relationship, but announced no dramatic actions to arrest the downward spiral that has already hurtled them toward the worst U.S.-Russian tensions since the Cold War." ~~~
~~~ And He Got It Ju-u-ust Right. Marie: So the New York Times has a front-page analysis about how, after his meeting with Vlad, President Biden demonstrated "a stubborn optimism that critics say borders on worrisome naïveté." And the Washington Post has a front-page article about how Biden's "pessimism about the prospects of changing Putin's mind on issues such as human rights would inform his actions."
Anita Kumar of Politico: "A scuffle broke out among U.S. and Russian journalists outside the much-anticipated meeting between President Joe Biden and Russian President Vladimir Putin Wednesday, leading the media to be largely shut out of the summit. Journalists from both countries rushed to the site of the meeting -- the Villa La Grange, an 18th century building located in a park near Lake Geneva -- but were stopped by U.S. and Russian security and government officials and told to line up separately and in single file.... Instead, journalists and officials screamed.... Eventually nine U.S. journalists and an unknown number of Russia journalists were allowed inside the villa's library where Biden and Putin were seated.... Journalists pushed and yelled at each other to move. After just a minute or two, Russian security pulled the red rope separating the media from the leaders to try to keep the media further away from the leaders. Russian security yelled at journalists to get out of the room and began pushing journalists. U.S. journalists and White House officials began screaming that the Russian security should stop touching them."
Katie Rogers of the New York Times: "The Education Department said on Wednesday that transgender students were protected under Title IX, a law that prohibits sex-based discrimination in federally funded schools, reversing a Trump-era policy that effectively had said the opposite.... The decision was rooted in a Supreme Court ruling last year that determined that protections in the Civil Rights Act against discrimination in the workplace extended to gay and transgender people, and similar interpretations of the ruling have appeared in agencies throughout President Biden's government." This is a reversal of the department's position under Trump.
Katie Benner & Miriam Jordan of the New York Times: "Attorney General Merrick B. Garland reversed on Wednesday Trump-era immigration rulings that had made it all but impossible for people to seek asylum in the United States over credible fears of domestic abuse or gang violence, marking one of the Justice Department's most significant breaks with the previous administration. His decisions came in closely watched cases where his predecessors, the former attorneys general Jeff Sessions and William P. Barr, broke with precedent to overturn decisions by immigration appeals judges that would have allowed such asylum claims." ~~~
~~~ Nick Miroff of the Washington Post: "Garland's decisions vacated Trump-era rulings that had limited asylum eligibility for immigrants fleeing gangs or gender-based attacks, which his administration characterized as 'private' forms of violence that did not constitute membership in a persecuted social group. Wednesday's decisions return U.S. asylum processing rules to pre-Trump standards."
Rachel Siegel & Jeff Stein of the Washington Post: "The Federal Reserve expects inflation will climb to 3.4 percent this year, higher than the central bank's previous forecasts, while also projecting for the first time that there could be two interest rate hikes in 2023. As recently as March, the Fed predicted inflation would be 2.4 percent for this year. Earlier estimates didn't project an initial rate hike until 2024. Fed leaders also moved up estimates for when interest rates could rise from near zero. Projections released after the Fed's two-day policy meeting showed that the Fed now expects to make two rate increases by the end of 2023, sooner than previously expected." The AP's story is here. (Also linked yesterday afternoon.)
Michael Schmidt & Katie Benner of the New York Times: "The Justice Department closed a criminal investigation into whether a disparaging memoir by ... Donald J. Trump's national security adviser John R. Bolton illegally disclosed classified information and dropped a lawsuit aimed at recouping profits from the book.... The agreement ends an effort that began under the Trump administration to silence Mr. Bolton after Mr. Trump waged a campaign pressuring investigators to prosecute him. Dropping the legal action against him is a rebuke by Attorney General Merrick B. Garland of the previous administration's use of government power to suppress former Trump officials who became critics of Mr. Trump.... The White House's efforts to interfere with Mr. Bolton's book came to light in September when a career administration official [Ellen Knight] accused Trump aides of improperly intervening to prevent Mr. Bolton's account of his time as Mr. Trump's national security adviser from becoming public." A CBS News story is here.
Mike DeBonis of the Washington Post: "Congress on Wednesday voted overwhelmingly to establish Juneteenth as a federal holiday, elevating the day marking the end of slavery in Texas to a national commemoration of emancipation amid a larger reckoning about America's turbulent history with racism. It is the first new federal holiday created by Congress since 1983, when lawmakers voted to establish Martin Luther King Jr. Day after a 15-year fight to commemorate the assassinated civil rights leader. The congressional fight to establish Juneteenth as a national holiday was, in comparison, a relatively rapid affair -- approved Wednesday by the House on a 415 to 14 vote just a day after the bill establishing the holiday moved suddenly and unanimously through the Senate. The push to establish June 19 as a national holiday celebrating emancipation only gained serious traction last year, as the nation erupted in turmoil over the killing of George Floyd, a Black man, by a white Minneapolis police officer." ~~~
~~~ Marie: Great! Only a couple of days now till I try out my re-education camp lesson plans on all those white male executives. (See yesterday's Commentariat for context.) Seriously, I'm very happy for everyone who is looking forward to celebrating this new holiday, which is getting the recognition it deserves. And all those white male executives can go stuff themselves. If President Biden signs the bill today or tomorrow, looks as if Saturday will be our first official Juneteenth federal holiday. Update: President Biden is scheduled to sign the bill at 3:30 pm ET today.
Seung Min Kim of Tony Romm of the Washington Post: "A bipartisan group of senators sketching out an infrastructure proposal expanded their base of support Wednesday, even as they continue to haggle over how to pay for billions of dollars in new spending in line with President Biden's vision for a massive overhaul of the nation's public works system. The initial framework, written by the likes of Sens. Mitt Romney (R-Utah), Kyrsten Sinema (D-Ariz.), Rob Portman (R-Ohio) and seven other senators, falls far short of the sweeping infrastructure proposal that Biden has pitched, yet aims to try to satisfy the president's hunger for bipartisanship. But their efforts received a big boost Wednesday, when 11 more senators joined the original 10 and said they supported the still-unreleased blueprint of a deal. The group now includes 11 Republicans, nine Democrats and one independent who caucuses with the Democrats.... However, Senate Democrats huddled privately Wednesday to devise a path forward for trillions of dollars in additional spending in infrastructure improvements and other economic initiatives that may not make it into a bipartisan deal." ~~~
~~~ Marie: I get the impression these guys want to do things like rebuild a bridge halfway across the river and repave one lane of a four-lane highway.
Mike DeBonis of the Washington Post: "Sen. Joe Manchin III, the lone Senate Democrat who is not sponsoring a sweeping voting rights and campaign finance bill, has outlined for the first time a list of policy demands on election legislation -- opening the door to a possible compromise that could counter a bevy of Republican-passed laws that have rolled back ballot access in numerous states. A three-page memo circulated by Manchin's office this week indicates the West Virginia centrist's willingness to support key provisions of the For the People Act, the marquee Democratic bill that the House passed in March -- including provisions mandating at least two weeks of early voting and measures meant to eliminate partisan gerrymandering of congressional districts[.] But Manchin's memo also sketches out several provisions that have historically been opposed by most Democrats, including backing an ID requirement for voters and the ability of local election officials to purge voter rolls using other government records." ~~~
~~~ Half a Loaf ... Rick Hasen in Election Law Blog: "Yes, Democrats should jump at the opportunity to pass such a bill, but it is also fair to acknowledge it is far from perfect. Many of the darlings in the For the People Act are not on Manchin's list, such as felon re-enfranchisement, public financing of congressional elections, restructuring the often-deadlocked Federal Election Commission, and limiting state voter purges." Here Hasen has published the first several paragraphs of a a piece he wrote for Slate. The Slate article is firewalled. ~~~
~~~ Lee Fang & Ryan Grim of the Intercept, well, intercept a Zoom call Joe Manchin made with the No Labels crybabies & some supportive billionaire donors, where they discuss how the Senate might be able to do some legislating even while hanging onto the filibuster, which they all just love. Because bipartisanship.
At Least Manchin Isn't Insane. Josh Kovensky of TPM: In "a letter that Sen. Tom Cotton (R-AR) sent to President Biden this week..., Cotton warns Biden that Beijing plans on using the 2022 Winter Olympics as a giant funnel for precious American DNA, harvesting the nation's fittest and finest for their genomic information as part of a plan to achieve military dominance. Written in the language of a Cold War-era B-movie and filled with a mixture of sci-fi scheming, eugenics, and stentorian warning, Cotton demands that Biden withdraw American participation from the 2022 winter Olympics absent guarantees from China that it will not collect the data or DNA of visiting American olympians.... 'The CCP has reportedly conducted tests to develop biologically-enhanced soldiers and intends to use DNA data to catapult Chinese biotechnology companies to global market dominance,' Cotton wrote, citing a column written by Trump-era Director of National Intelligence John Ratcliffe.: ~~~
~~~ Marie: When you join the Trump GOP now, you get a glowing magic code ring. (As we knew all along, those ole boys wear tinfoil hats that fit perfect under their KKK hoods.)
Jaclyn Peiser of the Washington Post: "A few months before Alan Hostetter stood in triumph on the U.S. Capitol's upper West Terrace, proclaiming that the people had 'taken back their house' as rioters stormed the building, the California native launched a nonprofit that promised to protect citizens' rights, educate people on vaccines and call out media misinformation. But in the months that followed, his nonprofit, the American Phoenix Project, instead organized rallies to support ... Donald Trump's false claims of a stolen election and used it 'as a platform to advocate violence against certain groups and individuals that supported the 2020 presidential election results,' federal prosecutors said in an indictment filed last Thursday. As Hostetter faces felony charges of obstructing official proceedings and breaching restricted government property, federal prosecutors also say the 56-year-old might have run afoul of IRS regulations on nonprofits' political activities."
The Pandemic, Ctd.
The New York Times' live updates of Covid-19 developments Thursday are here.
Beyond the Beltway
Florida. One GOP Congressional Candidate Threatened to Narrow the Field by Bumping off an Opponent. Marc Caputo of Politico: "A little-known GOP candidate in one of Florida's most competitive congressional seats was secretly recorded threatening to send 'a Russian and Ukrainian hit squad' to a fellow Republican opponent to make her 'disappear.' During a 30-minute call with a conservative activist that was recorded before he became a candidate, William Braddock repeatedly warned the activist to not support GOP candidate Anna Paulina Luna in the Republican primary for a Tampa Bay-area congressional seat because he had access to assassins. The seat is being vacated by Rep. Charlie Crist (D-Fla.), who is running for governor. 'I really don't want to have to end anybody's life for the good of the people of the United States of America,' Braddock said at one point in the conversation last week, according to the recording ... obtained by Politico. 'That will break my heart. But if it needs to be done, it needs to be done. Luna is a f---ing speed bump in the road. She's a dead squirrel you run over every day when you leave the neighborhood.' Reached by text message, Braddock refused to say whether he made any threats about Luna to the person who recorded him, Erin Olszewski."
South Carolina. The Rule of Law in a Barbarous land. Michelle Liu & Meg Kinnard of the AP: "The South Carolina Supreme Court on Wednesday blocked the planned executions of two inmates by electrocution, saying they cannot be put to death until they truly have the choice of a firing squad option set out in the state's newly revised capital punishment law. The high court halted this month's scheduled executions of Brad Sigmon and Freddie Owens, writing that corrections officials need to put together a firing squad so that inmates can really choose between that or the electric chair. The state's plans, the court wrote in an unanimous order, are on hold 'due to the statutory right of inmates to elect the manner of their execution.'"
Texas. Edgar Sandoval of the New York Times: "... Gov. Greg Abbott of Texas announced last week a vague ambition to pick up where former ... Donald J. Trump left off and complete the construction of a multibillion-dollar wall along the border with Mexico.... On Wednesday, Mr. Abbott revealed how he would pay for it: Donations.... He said he would set aside $250 million from the state's general revenue as a down payment and hire a program manager who would determine the total cost of the project and the length of the wall. But he was short on other details.... His posture comes amid a massive surge of migrants." MB: You know, Greg, the last time one of Donald's friends (Steve Bannon) decided to build a donor-funded border wall, it didn't take him long to get the feds to charge him with fraud. Are you racing Bannon to Club Fed, or what?
Reader Comments (7)
Have long thought those No Labels folks were Republicans embarrassed by their party's drift into outright racism and cloud cuckoo land.
They didn't mind the low taxes and subsidies for the rich parts but didn't like the rough and ignorant company of the lowlifes they found themselves forced to 'sociate 'round with.
So....no spine and...No Labels.
With all the Summit interchanges being the hot topic there are so many other newsy news like NYC's mayoral race. So if you are interested, as I am, as to whom will take up the cudgel, here are those lively bunch of columnists who do a bang up job of assessing said candidates:
https://www.nytimes.com/2021/06/16/opinion/nyc-mayoral-debate-winners-losers.html?action=click&module=Opinion&pgtype=Homepage
I can't resist Sen. Tom Cotton (R-AR) "science" lore: Senator Tom has 95% of the same DNA as a chimp, yet he appears not to be a chimp. Really, the question ol' Senator Tom should ask himself is whether the DNA codes get expressed and turned on to manifest themselves. For example, he is a soulless minion who appears human but in fact is a stuffed suit - human in appearance only, where his only concern about genetics is whether he and his beautiful brood will suddenly sprout epicanthal folds after too close contact with Chinese "others". He's pretty clever; too bad he didn't take clever kids classes during law school. I'd be more worried about artificial neural networks that China builds from hacked phones and computers and thus steal important info and contacts.
Polanski was convicted. Same with Harvey. Spacey was accused. He was probably guilty, but the absence of a trial is a shitty and unthorough use of the justice system. Sort of like all things Tr*** where all things are shitty and unthorough. This is the context that Merrick Garland finds himself. I think he sees himself in a normative role where he can affect quiet, normative outcomes within the justice system. As for Spacey, let's see if he can grow a sense of decency.
I like the story about the Florida Republican Congressional
candidate threatening to bump off the opposition.
Why didn't I think of that? Instead of wasting time showing
prospective clients the landscaping we've done at various places,
just ask them who else is interested in doing the job they want done.
Then just contact some Ukeranians or Russians and have all the
jobs we want.
Actually, we can barely handle what we have now so guess I
won't bother.
I say we let the Chinese collect DNA at the Olympics, but we make sure to switch out the athletes’ genomic samples for DNA from the likes of Tom Cotton, Rudy Giuliani, Proud Boys morons, and various Trumpish white supremacists. The Chinese “super soldiers” will turn out to be idiots and gun knobbers who come up with Insurrection: Beijing Edition. They’ll all be arrested and stood up against a wall. That should take care of the Steal the Genes problem.
How US Abortion Politics Distorts Women’s Lives in Conflict Zones
Jill Filipovic
"From Rwanda and Bosnia to Myanmar and Tigray, rape is now recognized as a genocidal crime. Yet its survivors rarely receive the health care they need—thanks to America’s deadly culture war."
I was dismayed this morning when no one seemed interested in discussing Tom Cotton's Excellent Science Project. I feel much better now, especially as the suggestions are excellent.
And @Forrest Morris, I'm delighted that Florida politician's idea of just having your Ukrainian associates bump off the competition so appealed to you. We are so lucky to have Republicans explain How Things Work.