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Letters from an American by Heather Cox Richardson

Ahavati
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JohnnyBlaze said:That whole deal with Supreme Court judges and the Federalist Society was news to me.

I dunno it it'll go anywhere but at least they're calling it out and investigating it.

JohnnyBlaze
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Ahavati said:

I dunno it it'll go anywhere but at least they're calling it out and investigating it.


Knowledge is half the battle. 🔫🔪💣

Ahavati
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March 17, 2021

Today the House of Representatives approved awarding Congressional Gold Medals to members of the Capitol Police for their defense of the Capitol on January 6. Four hundred and thirteen members voted in favor, and 12 Republicans opposed the measure. A number of party members took offense at the language in the bill, which referred to the Capitol as “the temple of our American Democracy” and called the rioters “a mob of insurrectionists.”

Part of their objection comes from their eagerness to downplay what happened on January 6 and to redefine it as a much less important event than it was.

Last week, six top Republican senators expressed dismay to the acting chief of the Capitol Police, Yogananda Pittman, over the continued presence of nearly 2300 National Guardsmen and a fence topped with razor wire around the Capitol. While security experts are concerned about ongoing threats, especially around the time of Biden’s expected address to a joint session of Congress, Senate Minority Leader Mitch McConnell (R-KY) says the security is “overdone.” In a letter to Pittman, the five say it is “entirely unclear” why the fencing remains. They say it “sends a terrible message to American citizens, as well as to our allies and adversaries.”

The fencing reminds Americans of what happened on January 6 and the Republicans’ complicity in that attack, refusing, as they did, to hold Trump accountable for inciting the insurrection. Senator Ron Johnson (R-WI) did not sign the letter to Pittman, but he told a right-wing talk radio host that he was not frightened by the rioters on January 6 because they were “people that love this country, that truly respect law enforcement, would never do anything to break the law.” In contrast, though, he said he would have been worried if the rioters were “Black Lives Matter and Antifa protesters.”

The events of January 6 left several people, including three police officers, dead, and more than 100 law enforcement officers wounded. Hundreds of people have been charged with crimes.

Johnson’s version of the insurrection was pretty transparently an attempt to rewrite the history of January 6 to whitewash the role of Trump supporters and instead blame those opposed to Trump. His version of the events of the day is false. The insurrection was the logical result of months of lies from Republican lawmakers and media figures insisting that Democrats had stolen the 2020 election and that it was imperative for Trump’s supporters to stop the count of the electoral votes to—somehow—give Trump a second term. (That part of the plan has always seemed fuzzy to me, and yet the fact that the three people in line for the presidency after Trump were all in danger on January 6 seems to me an odd coincidence.)

Yesterday, we learned that much of what Republican politicians and pundits were saying in the months leading up to the election echoed the efforts of Russian intelligence agents to influence the 2020 election. Russia is eager to weaken the U.S. in order to force us to bargain as it seeks to expand its influence in the world.

Director of National Intelligence Avril Haines declassified the assessment of the intelligence community of foreign threats to the 2020 U.S. federal elections that had been provided to the previous administration and congressional leadership on January 7. The community assessed that Russian President Vladimir Putin authorized influence operations, which “a range of Russian government organizations conducted,” “aimed at denigrating President Biden’s candidacy and the Democratic Party, supporting former President Trump, undermining public confidence in the electoral process, and exacerbating sociopolitical divisions in the U.S.”

Russia did not meddle in election infrastructure, the report said, but instead focused on pushing narratives-- including lies about Biden and his son, Hunter, suggesting they had engaged in corrupt behavior in Ukraine-- “to US media organizations, US officials, and prominent US individuals, including some close to former President Trump and his administration.”

The intelligence report assesses that, throughout the election season, Russia’s online trolls “sought to amplify mistrust in the electoral process by denigrating mail-in ballots, highlighting alleged irregularies, and accusing the Democratic Party of voter fraud.” They also “promoted conspiratorial narratives about the COVID-19 pandemic, made allegations of social media censorship, and highlighted US divisions surrounding protests about racial justice.”

“Even after the election,” the report says, “Russian online influence actors continued to promote narratives questioning the election results and disparaging President Biden and the Democratic Party. These efforts parallel plans Moscow had in place in 2016 to discredit a potential incoming Clinton administration, but which it scrapped after former President Trump’s victory.” (Remember that Trump associate Roger Stone insisted that Trump was being cheated way back in the 2016 primaries, and then launched a “Stop the Steal” website before the 2016 general election, calling for donations by saying, “If this election is close, THEY WILL STEAL IT.”)

No one, though, accessed election infrastructure… just as Christopher Krebs, the former director of the Cybersecurity and Infrastructure Security Agency in the Department of Homeland Security, said (and got fired for saying it, by Trump, over Twitter).

This report was released to the former administration and leading members of Congress on January 7, the day after the Capitol riot.

And yet, many of them have yet to agree that the election was legitimate and that President Biden won it. Instead, they are suggesting that the insurrection that this rhetoric produced was not really a profound attack on our democracy.

It was.

—-

Submitted March 18, 2021

Notes:

https://thehill.com/homenews/senate/542981-top-gop-senators-capitol-police-failing-to-justify-beefed-up-security

https://www.politico.com/news/2021/03/13/ron-johnson-black-lives-matter-antifa-capitol-riot-475727

https://www.politico.com/news/2021/03/17/congressional-gold-medal-capitol-police-476837

https://www.cnn.com/2020/11/17/politics/chris-krebs-fired-by-trump/index.html

https://www.dni.gov/files/ODNI/documents/assessments/ICA-declass-16MAR21.pdf

https://www.cnn.com/2020/11/13/business/stop-the-steal-disinformation-campaign-invs/index.html

https://www.greatpower.us/p/in-the-2020-elections-the-kremlin

Ahavati
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JohnnyBlaze said:

Knowledge is half the battle. 🔫🔪💣


Yes; it is the most effective weapon against ignorance.

JohnnyBlaze
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I am thoroughly, utterly disgusted with Ron Johnson. 😒

Ahavati
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JohnnyBlaze said:I am thoroughly, utterly disgusted with Ron Johnson. 😒

I would be embarrassed if I was his constituent ( I actually know two Republicans that are ( both embarrassed and disgusted with him )).

Ahavati
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March 18, 2021
   
On Tuesday, in Georgia, a gunman murdered 1 man and 7 women, at three spas, and wounded another man. All three of the businesses were operating legally, according to Atlanta Mayor Keisha Lance Bottoms, and had not previously come to the attention of the Atlanta Police Department, although all three had been reviewed by an erotic review site. The man apprehended for the murders was 21-year-old Robert Aaron Long, who is described as deeply religious. Six of the women killed were of Asian descent.

Yesterday, at the news conference about the killings, the sheriff’s captain who was acting as a spokesman about the case, Jay Baker, told reporters that Long was “pretty much fed up and kind of at the end of his rope. Yesterday was a really bad day for him, and this is what he did.” The spokesman went on to say that the suspect “apparently has an issue, what he considers a sex addiction,” that had spurred him to murder, and that it was too early to tell if the incident was a “hate crime.” Long told law enforcement officers that the murders were “not racially motivated.” He was, he said, trying to “help” other people with sex addictions.

Journalists quickly discovered that Baker had posted on Facebook a picture of a shirt calling COVID-19 an “IMPORTED VIRUS FROM CHY-NA.”

As Baker’s Facebook post indicated, the short-term history behind the shooting is the former president’s attacks on China, in which he drew out the pronunciation of the name to make it sound like a schoolyard insult.

The story behind Trump’s attacks on China was his desperate determination to be reelected in 2020. In 2018, the former president placed tariffs on Chinese goods to illustrate his commitment to make the U.S. “a much stronger, much richer nation.” The tariffs led to a trade war with China and, rather than building a much stronger nation, resulted in a dramatic fall in agricultural exports. Agricultural exports to China fell from $15.8 billion in 2017 to $5.9 billion in 2018.

To combat the growing unrest in the agricultural regions of the country, where farm bankruptcies grew by nearly 20% in 2019, Trump paid off farmers hurt by the tariff with subsidies, which made up more than one third of U.S. farm income in 2020. In June 2019, he also begged Chinese President Xi Jinping to help him win the 2020 election. He told him that farmers were important to his election prospects, and begged Xi to buy more soybeans and wheat from U.S. farmers.

In January 2020, Trump and Chinese Vice Premier Liu He signed a deal that cut some U.S. tariffs in exchange for Chinese promises to buy more agricultural products, as well as some other adjustments between the two countries. On January 22, Trump tweeted: ““One of the many great things about our just signed giant Trade Deal with China is that it will bring both the USA & China closer together in so many other ways. Terrific working with President Xi, a man who truly loves his country. Much more to come!”

But, of course, the novel coronavirus was beginning to ravage the world.

On January 24, Trump tweeted: “China has been working very hard to contain the Coronavirus. The United States greatly appreciates their efforts and transparency. It will all work out well. In particular, on behalf of the American People, I want to thank President Xi!”

Five days later, at a signing ceremony, he said: “I think our relationship with China now might be the best it's been in a long, long time.”

On February 7, Trump called journalist Bob Woodward and said of the coronavirus, “This is deadly stuff. You just breathe the air and that’s how it’s passed…. It’s also more deadly than even your strenuous flu.” Still, on February 10, he told supporters in New Hampshire that the coronavirus would “miraculously” go away when the weather got warmer, and in mid-February, he defended Xi’s handling of the epidemic, saying China was working hard and “doing a very good job” and that they “have everything under control.”

Shortly after the U.S. shut down to combat the pandemic in mid-March, Trump began to turn on China. On March 22, after 33,000 Americans had tested positive for the virus and 421 had died of it, Trump seemed to think better of his praise for Xi. He insisted that China had not told him about the deadly nature of the virus, and began to call it the “Chinese virus,” or the “Chy-na virus.”

By April 17, a Republican strategy document urged candidates to deflect attention from the nation’s disastrous coronavirus news by attacking China, which “caused this pandemic by covering it up, lying, and hoarding the world’s supply of medical equipment…. China… has stolen millions of American jobs, [and] sent fentanyl to the United States.” Democrats would not stand up to China, the document told Republican candidates to say, but “I will stand up to China, bring our manufacturing jobs back home, and push for sanctions on China for its role in spreading this pandemic.”  

In May, Trump announced the U.S. would leave the World Health Organization because it had been too easy on China in the early days of the pandemic.

To undercut his own association with China, Trump somewhat nonsensically tried to link his Democratic opponent, Joe Biden, to China. He claimed—falsely—that China had paid Biden’s son, Hunter, $1.5 billion. He and his appointees Director of National Intelligence John Ratcliffe, Attorney General William Barr, and National Security Advisor Robert O’Brien, all claimed—again falsely-- that China was interfering in the election to help Biden.

This week, the intelligence community reported that, in fact, China did not try to influence the election because it did not “view either election outcome as being advantageous enough for China to risk getting caught meddling.”

As Trump politicized the pandemic and attacked China, hate crimes against Asian-Americans began to rise; there were about 3800 of them between March 19, 2020 and February 28, 2021. In cities, hate incidents increased by 150%.

[ Continued below ]

Ahavati
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In this context, the suggestion of a police spokesman who had posted pictures celebrating a shirt that called Covid-19 the “VIRUS IMPORTED FROM CHY-NA” that a gunman had killed six women of Asian descent because he had had “a really bad day,” along with the officer’s apparent acceptance of Long’s statement that the killings were not racially motivated, outraged observers.

That seemingly cavalier dismissal of the dead while accepting the words of the white murderer seemed to personify an American history that has discriminated against Asians since the California legislature slapped a Foreign Miners’ Tax on Chinese miners in 1850, just a year after they began to arrive in California. Discriminatory laws and violence from their white neighbors plagued Chinese, Japanese, Hawaiians, Pacific Islanders, Koreans, Vietnamese, and all Asian immigrants as they moved to the U.S.

Discrimination and hatred have continued to plague their descendants.

The rise in anti-Asian violence has been so bad this year that a subcommittee of the House Judiciary Committee had planned a hearing today on hate crimes against Asian Americans even before the murders. Representative Doris Matsui (D-CA) today condemned the recent uptick in violence, but pointed out that discrimination is hardly new. “There is a systemic problem here,” she said. Of Japanese descent, she noted that she was born during WWII in an internment camp in Arizona.

Asian American women have borne a dual burden of both racism and sexism, as certain men fetishize Asian and Asian American women, seeing them as submissive, exotic, and sexually available. Attackers aimed nearly 70% of the reported 3,800 hate incidents reported last year at women.

That Long blamed Asian or Asian American women for his own sexual impulses ties into a long history that links racism to sexism—and to violence— in a peculiarly American fashion.

—-

Submitted March 19, 2021

Notes:

https://www.forbes.com/sites/niallmccarthy/2020/02/10/us-farm-bankruptcies-reach-eight-year-high-infographic/?sh=518333807de0

https://www.reuters.com/article/us-usa-election-farmers-aid/trumps-payments-to-farmers-hit-all-time-high-ahead-of-election-idUSKBN2741D4

https://www.wsj.com/articles/john-bolton-the-scandal-of-trumps-china-policy-11592419564

https://www.reuters.com/article/us-usa-trade-china-details-factbox/whats-in-the-u-s-china-phase-1-trade-deal-idUSKBN1ZE2IF

https://www.politico.com/news/2020/04/15/trump-china-coronavirus-188736

https://www.npr.org/2020/09/09/911109247/trump-admitted-to-playing-down-the-coronaviruss-severity-per-new-book

https://news.yahoo.com/trump-china-xi-coronavirus-covid-19-timeline-195146502.html

https://static.politico.com/80/54/2f3219384e01833b0a0ddf95181c/corona-virus-big-book-4.17.20.pdf

https://www.nbcnews.com/news/asian-america/there-were-3-800-anti-asian-racist-incidents-mostly-against-n1261257

https://www.washingtonpost.com/politics/trump-says-hunter-biden-walks-out-of-china-with-15-billion-a-lawyer-says-thats-not-true/2019/09/25/26b89e7e-dfcf-11e9-8dc8-498eabc129a0_story.html

https://www.nbcnews.com/think/opinion/trump-said-china-helped-biden-get-elected-lie-something-we-ncna1261354

https://www.nbcnews.com/politics/congress/there-systemic-problem-here-asian-american-lawmakers-testify-about-surge-n1261436

https://www.washingtonpost.com/national/asian-americans-see-shooting-as-culmination-of-year-of-racism/2021/03/17/481f9374-8744-11eb-bfdf-4d36dab83a6d_story.html

https://www.statnews.com/2020/05/29/trump-us-terminate-who-relationship/

https://www.wbur.org/cognoscenti/2021/03/18/atlanta-spa-shooting-anti-asian-hate-caroline-h-lee

https://www.usatoday.com/story/news/investigations/2021/03/17/atlanta-spa-shootings-illicit-reviews-massage-parlors/4737755001/

JohnnyBlaze
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Much of the shooting and afterwards made the Mainstream news like ABC, but the backstory to place it in context is much appreciated. Trump's habit of demonizing others has certainly led to violence at the Capitol, but the link between his rhetoric about China and the violence against Asians needs more attention.

Ahavati
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JohnnyBlaze said:Much of the shooting and afterwards made the Mainstream news like ABC, but the backstory to place it in context is much appreciated. Trump's habit of demonizing others has certainly led to violence at the Capitol, but the link between his rhetoric about China and the violence against Asians needs more attention.

Trump is more of a deadly virus than the virus itself, imho. He gave voice to the millions harboring deep-seated racism and supremacy. At least he flushed them out of the closet. Now maybe we can begin to exterminate this country of the oldest and worst virus known to man: racism.

Name it.

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Ahavati said:

Trump is more of a deadly virus than the virus itself, imho. He gave voice to the millions harboring deep-seated racism and supremacy. At least he flushed them out of the closet. Now maybe we can begin to exterminate this country of the oldest and worst virus known to man: racism.

Name it.


Covid helped Nature flush him and them out because he didn't take Covid seriously and ultimately that was his undoing in regards to losing votes due to unpopularity.

So, in a way, Nature used Covid as one arrow that pierced multiple targets. Flushed out people who believed themselves superior to others and introduced an emergency brake on the spread.

Ahavati
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March 19, 2021

When I see Representative Matt Gaetz (R-FL), and other voices from our right wing, siding with Russian President Vladimir Putin in his demand that President Joe Biden debate him or pretending that the January 6 attack on the Capitol wasn’t a big deal, or Republicans voting to overturn a legitimate election or trying to keep Americans from voting, sometimes I despair of our democracy.

But a poll released by the Pew Research Center yesterday shows that these Republicans are out of step with the country. It reveals that the vast majority of Americans cares deeply about the preservation of our government. Asked about what happened at the Capitol on January 6, 87% percent of Americans say it is either “very important” (69%) or “somewhat important” (18%) for law enforcement officials to find and prosecute the insurrectionists.

Where those numbers fall apart is among Republicans who believe that former president Trump won the 2020 election. While 87% of Democrats think what Trump did was wrong and that he should have been convicted of inciting the insurrection, 66% of people who believe that Trump won the election say that the riot at the Capitol is getting too much attention. Eighty-two percent of them said Trump’s conduct leading up to the insurrection was not wrong and that the House should not have voted to impeach him.

The danger of the Big Lie—the false idea that Trump actually won the 2020 election-- was always that it would convince Trump supporters to fight for him not because they thought they would be fighting to overturn the U.S. government, but because they thought they would be defending it. If, indeed, the election were stolen from the former president by the radical socialists of whom he warned, it would be the part of heroism to rally to protect our system.

That is, apparently, what at least some of the insurrectionists believed they were doing. Today, a federal judge ruled that Jon Schaffer, an Indiana man arrested for his participation in the insurrection, must remain in jail because he poses a risk to the community. Schaffer had clearly embraced the Big Lie, telling journalists: “We’re not going to merge into some globalist, communist system, it will not happen. There will be a lot of bloodshed if it comes down to that, trust me…. Nobody wants this, but they’re pushing us to a point where we have no choice.”

Also today, court papers revealed that a federal grand jury has charged four leaders from the far-right gang the Proud Boys with conspiring to “commit offenses against the United States, namely… to corruptly obstruct… an official proceeding”—that is, the counting of the electoral votes—and to obstruct law enforcement officers engaged in putting down civil disorder. The four named are Ethan Nordean (AKA “Rufio Panman”), 30, of Auburn, Washington; Joseph Biggs (AKA “Sergeant Biggs”), 37, of Ormond Beach, Florida; Zachary Rehl, 35, of Philadephia, Pennsylvania; and Charles Donohoe, 33, of Kernersville, North Carolina.

At least three of the four were spurred to action by the Big Lie.

On November 5, 2020, Biggs posted on social media: “It’s time for f**king War if they steal this sh*t.”

On November 16, 2020, Nordean posted: “What’s more disturbing to me than the Dems trying to steal this election, is how many people… just accepted Biden won, despite the obvious corruption… Luke warm Patriots are dangerous.”

On November 27, 2020, Nordean posted: “We tried playing nice and by the rules, now you will deal with the monster you created. The spirit of 1776 has resurfaced and has created groups like the Proudboys and we will not be extinguished. We will grow like the flame that fuels us and spread like the love that guides us. We are unstoppable, unrelenting and now … unforgiving. Good luck to all you traitors of this country we so deeply love … you’re going to need it.”

On the same day, as news broke that the Trump administration was hoping to bring back firing squads, Rehl posted: “Hopefully the firing squads are for the traitors that are trying to steal the election from the American people.”

After the attack, during which, according to the charging document, “approximately 81 members of the Capitol Police and 58 members of the Metropolitan Police Department were assaulted,” Nordean posted a message on social media saying: “f you feel bad for the police, you are part of the problem. They care more about federal property (our property) than protecting and serving the people.” Rehl posted, “I’m proud as f**k what we accomplished yesterday, but we need to start planning and we are starting planning, for a Biden presidency.”

Meanwhile, the lawyer for Schaffer, the Indiana man, is trying to get leniency for his client by arguing that the man was encouraged by Trump. [i]“People have the right to believe the highest elected official…. My client is not responsible for what happened on January 6.”


—-

Submitted March 20, 2021

Notes:

https://www.pewresearch.org/politics/2021/03/18/large-majority-of-the-public-views-prosecution-of-capitol-rioters-as-very-important/

https://indianapublicmedia.org/news/judge-orders-indiana-man-with-alleged-ties-to-capitol-insurrection-be-kept-in-custody-until-trial.php

https://www.justice.gov/usao-dc/case-multi-defendant/file/1377586/download

Does anyone know of any Democrats, Lefties, Liberals, or whatnot posing as Trump supporters arrested in this insurrection? I'm just curious in light of all the accusations that Democrats paid ANTIFA and BLM to pose as Trump supporters in the siege. Every arrest I am reading about is clearly a proven Republican, Proud Boy, righty, and/or conservative, i.e. - Trump supporter.

JohnnyBlaze
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Ahavati said:
Does anyone know of any Democrats, Lefties, Liberals, or whatnot posing as Trump supporters arrested in this insurrection? I'm just curious in light of all the accusations that Democrats paid ANTIFA and BLM to pose as Trump supporters in the siege. Every arrest I am reading about is clearly a proven Republican, Proud Boy, righty, and/or conservative, i.e. - Trump supporter.


Nada single one so far.

The people being arrested are clearly the ones caught on camera being violent to other human beings and destroying property, yet they are a fraction of the insurrectionists who forced their way into the Capitol.

Many of these people have social media accounts being supportive of Trump and hating on Democrats for years. Some of them posted videos and photos of the event to their Facebook pages as they took part in the Insurrection. When they realized they accomplished nothing and were being tracked down by the FBI and police, many of them tried to erase and delete the evidence they themselves created.

I'm sorry if the comparison is offensive to anyone, but saying the Insurrectionists were anything but Trump supporters with a few hardcore anarchists thrown in for good measure, is like saying there were actors instead of jews in concentration camps.

Actors are not going risk going to prison for a cause they don't believe in or end up on the FBI's shitlist all for the sake of a buck paid to them by . . . Conspiracy theorists and those who parrot such have yet to come up with the answer for that.

Trump supporters swallowed a lie without questioning it, then acted like violent idiots because they believed they would not be held accountable.

Ahavati
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That's exactly what I thought. ^  Just another * Big Lie * to absolve Trump. And from intelligent people who simply cannot admit they were wrong.

March 21, 2021

As the Biden administration sets out to restore a government that can regulate business to level the playing field in the United States between workers and employers, address inequality, and combat climate change, Republicans are turning to the courts to stop him.

Republican attorneys general have already launched a number of lawsuits challenging various of the new administration’s policies. Twenty-one states are suing Biden for revoking the permit for the Keystone XL pipeline to cross the border from Canada. They claim such authority belongs to Congress because it has the authority to regulate interstate and foreign commerce. Biden cancelled the permit because he said it was not in the national interest, and legal experts say he is on solid ground.

Twelve states are suing the president over his executive order to address climate change because they say that Biden has no authority to regulate “’social costs’ of greenhouse gases.” Missouri Attorney General Eric Schmitt, who is considering running for the Senate and who is leading the lawsuits, says such regulations will be expensive and ordinary Americans will bear the higher costs on everyday products. Missouri legislators are talking about blocking any of Biden’s executive orders with which they disagree.

Eleven states are challenging Biden’s immigration policy: they want to reinstate the rule that requires applicants for citizenship to prove they are financially secure before they are allowed to become citizens.

And twenty-two Republican states are suing to challenge the provision of the American Rescue Plan that says states cannot use the federal money, which is intended to stimulate the economy, to cut taxes. Democrats added this provision deliberately to prevent Republican legislatures from using the money to cut taxes rather than as it was intended. States have the option to turn down the funds, but if they take the money, they must use it as Congress intended: to fund public programs.

Former President Trump and then-Senate Majority Leader Mitch McConnell (R-KY)—who was known for saying “Leave no vacancy behind”-- made it their top priority to reshape the federal judiciary. McConnell stalled confirmations for Trump’s predecessor, President Barack Obama, leaving a number of vacancies for Trump to fill. McConnell approved the new judges with vigor, keeping the Senate confirming them during the pandemic, for example, even when all other business stopped.

Most notably, of course, Trump appointed three justices to the Supreme Court. McConnell refused to hold hearings for Obama’s nominee Merrick Garland, now Biden’s attorney general, saying that his nomination in March 2016 was too close to the November presidential election to permit an appointment. This obstruction created an opening for Trump’s first nominee to the Supreme Court, Neil Gorsuch. When Justice Anthony Kennedy retired in 2018, Trump replaced him with Brett Kavanaugh. Then, when Justice Ruth Bader Ginsburg passed, Trump replaced her with Amy Coney Barrett less than two weeks before the November 2020 election.

The importance of those appointments is about to start playing out.

Tomorrow, the Supreme Court will hear arguments in Cedar Point Nursery v. Hassid, a somewhat confusing case about the rights of workers. The case is about whether union organizers can talk to farm workers in their workplaces (when they are not working). The 1975 law that permits such conversations has enabled agricultural workers, who are mostly people of color and immigrants, to bargain for better conditions. But in Cedar Point Nursery v. Hassid, companies argue that the regulation permitting organizers into work spaces deprives the property owner of economic benefit and thus is unconstitutional.

If the Supreme Court agrees, the precedent will go a long way toward striking down regulations that involve intruding on private property—like workplace safety inspections—and which are currently allowed. That the Supreme Court agreed to hear this case suggests it is open to the argument.

For years now, the court has hemmed in Congress’s ability to use the Constitution’s Commerce Clause to regulate different aspects of American life. Since the 1930s, Congress has expanded the use of that clause to regulate anything that has a substantial effect on interstate commerce. Recently, the Supreme Court has challenged that sweeping argument, saying it cannot be used to regulate guns in schools, for example, or require individuals to buy health insurance.

Most dramatic, though, is the court’s apparent willingness to revisit something called the “nondelegation doctrine.” According to Julian Davis Mortenson and Nicholas Bagley, authors of a new piece in the Columbia Law Review, nondelegation was invented in 1935 to undercut the business regulation of the New Deal. In the first 100 days of his term, President Franklin Delano Roosevelt set out to regulate the economy to combat the Great Depression. Under his leadership, Congress established a number of new agencies to regulate everything from banking to agricultural production.

While the new rules were hugely popular among ordinary Americans, they infuriated business leaders. The Supreme Court stepped in and, in two decisions, said that that Congress could not delegate its authority to administrative agencies. But FDR’s threat of increasing the size of the court and the justices’ recognition that they were on the wrong side of public opinion undercut their opposition to the New Deal. The nondelegation theory was ignored until the 1980s, when conservative lawyers began to look for ways to rein in the federal government.

[Continued below ]

Ahavati
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In 2001, the Supreme Court unanimously rejected the argument in a decision written by Justice Antonin Scalia, who said the court must trust Congress to take care of its own power. But after Justice Clarence Thomas suggested that he might be open to the argument, conservative scholars began to say that the framers of the Constitution did not want Congress to delegate authority. Mortenson and Bagley say that argument “can’t stand…. It’s just making stuff up and calling it constitutional law.” Nonetheless, Republican appointees on the court have come to embrace the doctrine.

In November 2019, the same day that then-Senate Majority Leader McConnell boasted on Twitter that the Senate had confirmed more than 160 new federal judges since Trump took office (one out of every four) and would continue to confirm them as fast as possible, Justice Kavanaugh sided with Justice Gorsuch-- Trump appointees both-- to say the Court should reexamine whether or not Congress can delegate authority to administrative agencies. Along with Chief Justice John Roberts and Justice Thomas, they believe that the Constitution forbids such delegation. If Justice Barrett sides with them, the resurrection of that doctrine will curtail the modern administrative state that since the 1930s has regulated business, provided a basic social safety net, and promoted infrastructure.

As Justice Elena Kagan points out, the nondelegation doctrine would mean that “most of Government is unconstitutional.”

But that, of course, is the point. We are caught up in a struggle between two ideologies: one saying that the government has a significant role to play in keeping the playing field level in the American economy and society, and the other saying it does not.

—-

Submitted March 2021

Notes:

https://www.eenews.net/stories/1063727815

https://www.azag.gov/press-release/attorney-general-mark-brnovich-files-motion-intervene-lawsuit-uphold-immigration

https://www.ozarksfirst.com/local-news/local-news-local-news/missouri-ag-leads-multi-state-lawsuit-against-president-bidens-authority/

https://affordablecareactlitigation.files.wordpress.com/2021/03/yellen_letter_3-16_final.pdf

https://www.vox.com/22336588/ohio-1-9-trillion-stimulus-yellen-lawsuit-supreme-court-spending-clause-constitution-tax-mandate

https://www.npr.org/2020/07/02/886285772/trump-and-mcconnell-via-swath-of-judges-will-affect-u-s-law-for-decades

https://www.law.cornell.edu/supremecourt/text/11-393

Ralph A. Rossum, Clarence Thomas's Originalist Understanding of the Interstate, Negative, and Indian Commerce Clauses Symposium: Celebrating an Anniversary: A Look Back at Justice Clarence Thomas's Twenty Years on the United States Supreme Court

https://slate.com/news-and-politics/2020/12/supreme-court-gundy-doctrine-administrative-state.html

https://slate.com/news-and-politics/2021/03/neil-gorsuch-nondelegation-bagley-mortenson.html

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