wrongologist – Page 6 – The Wrongologist

Those Remaining Supreme Court Decisions

The Daily Escape:

Dinghies and roses, Kennebunkport, ME – June 2024 photo by Eric Storm Photo

Glad to be back! Wrongo and Ms. Right spent a long weekend with family in Napa, CA.

This week should see many more decisions announced by the Supreme Court. The National Review has the remaining lineup:

“There should be 21 opinions remaining because there are 23 cases left, including two pairs (the Chevron challenges and the Florida and Texas social-media laws) that are consolidated and likely to be decided together. We will likely get at least five or six opinions this week, maybe as many as nine. The Court will need to schedule more opinion days next week, probably at least three of them if it intends to wrap up the term by the end of the week; otherwise, it could spill over to July 1 or 2.”

And NR’s Dan McLaughlin gives us a scorecard of which justices have written this term’s opinions:

“…Justice Sonia Sotomayor has thus far published seven opinions representing the decision of the Court, and Justice Clarence Thomas six; it will be surprising if we get more from Thomas and more surprising if we get more from Sotomayor. By contrast, Chief Justice John Roberts and Justice Neil Gorsuch have each published just two opinions with the decision of the Court, and Justice Amy Coney Barrett three; they will likely have more….There’s only one case left from…November — Rahimi, the Second Amendment case — and the likeliest author of that opinion is either Roberts or Elena Kagan, neither of whom have published an opinion for the Court from the cases argued in that sitting.”

So much for analyzing the lineup. The real issue remaining is what the Supremes are going to do with the presidential immunity case, Trump v. United States. It’s taken so long to hear from the Court on this that many are suspicious. From Leah Litman at the NYT: (emphasis by Wrongo)

“For those looking for the hidden hand of politics in what the Supreme Court does, there’s plenty of reason for suspicion on Donald Trump’s as-yet-decided immunity case given its urgency. There are, of course, explanations that have nothing to do with politics for why a ruling still hasn’t been issued. But the reasons to think something is rotten at the court are impossible to ignore.”

Litman reminds us of the history of the case:

“On Feb. 28, the justices agreed to hear…Trump’s claim that he is immune from prosecution on charges that he plotted to subvert the 2020 election. The court scheduled oral arguments in the case for the end of April. That eight-week interval is much quicker than the ordinary Supreme Court briefing process, which usually extends for at least 10 weeks. But it’s considerably more drawn out than the schedule the court established earlier this year on a challenge from Colorado after that state took Mr. Trump off its presidential primary ballot. The court agreed to hear arguments on the case a mere month after accepting it and issued its decision less than a month after the argument. Mr. Trump prevailed, 9-0.”

Now nearly two months have passed since the immunity case was argued , long enough to remove the possibility of either the stolen documents case or the Jan. 6 case even being started before the November election. More from Litman:

“…indeed, at this point, even if the court rules that Mr. Trump has limited or no immunity, it is unlikely a verdict will be delivered before the election.”

FYI, the Nixon tapes case was decided 16 days after oral argument. Michael Podhorzer calls the decision delay election interference:

“By shielding Donald Trump from standing trial before a jury in two of his felony cases, Trump’s three appointments to the Supreme Court, along with the even more MAGA Justices Alito and Thomas and Judge Aileen Cannon, have already irreparably interfered in the 2024 election.”

But, according to Podhorzer, the Supreme Court’s actions have actually been worse than that:

“At no point since World War II has there been a 5-4 partisan ruling to make elections more democratic – not to expand voting rights, limit campaign finance, or constrain gerrymandering.”

He also reminds us that the problem started with Bush v. Gore:

“Beginning with Bush v. Gore, on at least a dozen occasions, SCOTUS has radically altered election law on a partisan 5-4 or 6-3 basis – often overriding bipartisan legislation enacted by Congress, and often relying on spurious facts or questions not even presented in the cases.”

Podhorzer includes the following graph showing the number of important election-related rulings each Court made, broken down by the ideology of the justices. The dark blue represents liberal consensus rulings; the dark red represents conservative rulings where the majority consisted only of Republican nominees:

Podhorzer closes with a very interesting analysis of how the Court has been hijacked by the Federalist Society and the Conservative Right, such that recent appointments to the Supreme Court have not reflected the demographics of the nation: (emphasis by Wrongo)

“Justices Thomas, Alito, Gorsuch, Kavanaugh and Barrett are the only five of the 116 justices to serve on the Supreme Court to have been confirmed by senators representing less than one half of the US population. Only John Roberts among current GOP justices was confirmed by senators representing a clear majority of Americans.”

More: (emphasis by Wrongo)

“Furthermore, of all the justices to serve in the last century and a half, Gorsuch, Kavanaugh and Barrett are the only ones to have been named by a president who did not win the popular vote.”

This is the tyranny of the minority, and yet another reason why the November election is so important: It’s likely that the next president will appoint at least two new justices.

And our way out of the currently tipped scales of justice by the growing corrupt autocratic cabal at the Supreme Court begins with Democratic voters understanding the stakes when they go to the polls.

Otherwise, we’re sleepwalking toward authoritarianism.

We Can’t Sit Back. We Must Become Activists

The Daily Escape:

Doll House, Bears Ears National Monument, UT – June 2024 photo by Robert Villegas

Over the weekend, Wrongo and Ms. Right along with friends of the blog Gloria R., Pat M. and David P. saw the play “Suffs” on Broadway, NYC.

The plot is that it’s 1913 and the women’s movement is trying to get women the right to vote. They are organized by the suffragists, not suffragettes (they call themselves “Suffs”). “Suffs” traces their heroic and occasionally dangerous campaign from 1913 through ratification of the 19th Amendment in 1920. There’s a schism in the movement between the conservative old-line establishment Suffs, and a youthful breakaway group who want to emulate a similar movement in England, led in the US by Alice Paul who briefly spent time in the UK.

Paul and her group confront then-president Woodrow Wilson, who, after jailing the Paul group and allowing them to nearly die in a hunger strike, eventually tumbles to supporting the Suffs’ cause.

So much has changed since the passing of the 19th Amendment over a century ago, and yet this musical reminds us that we sometimes need to look back, in order to march into the future.

It was a sold out crowd. The audience was enthusiastic, and predominantly women. “Suffs” is a fantastic show that should be seen by anyone who loves Broadway, loves musicals, and needs a breath of hope in this bleak world. Like “Hamilton“, it invites us to learn something about the history of America. It’s a good show and it’s good for the world. Wrongo was emotional, remembering his time as an activist in the Civil Rights movement.

The show sets the stage early with the song, “Find A Way”:

How will we do it when it’s never been done?
How will we find the way where there isn’t one?

“Suffs” also makes us think about where we are today in America, along with what we can do to make it better. My lunch with the Broadway friends underlined that Democrats think it’s a scary time. Dan Pfeiffer wrote about how “Democrats are in a full-blown freakout over Biden”. Wrongo was the only one at lunch who thought that Biden has an excellent chance of winning in November. To paraphrase a line in the New Yorker by Lore Segal:

“The current situation is like two Democrats who are fighting a duel. On the count of ten, they turn and each shoots themselves in the foot”.

Cartoons Of The Week – June 9, 2024

(There will not be a Monday Wake-up Call column this week)

The WaPo wrote about a recently-retired DC Circuit judge David Tatel, who had some harsh words for the current justices on the Supreme Court. Tatel says that he stepped down from the US Court of Appeals in January in part because he was tired of having his work reviewed:

“….by a Supreme Court that seemed to hold in such low regard the principles to which I’ve dedicated my life….It was one thing to follow rulings I believed were wrong when they resulted from a judicial process I respected. It was quite another to be bound by the decisions of an institution I barely recognized.”

“Tatel’s commentary is notable because he only recently left the bench, and because he prided himself on judicial restraint and for his friendships with judges nominated by Republican presidents while serving on the influential federal appeals court in DC.”

The majority of the justices on this Court have lost most, if not all, of their credibility. When you take money from vested interests with issues before the court, fly partisan flags on your homes and blame it on your wife, or when you state you will not overturn judicial precedent in your confirmation hearings, and then turn around and do just that – that is when you lose all credibility.

On to cartoons. It is difficult to know which is more stunning, the hypocrisy or the ignorance:

But let’s cast a vote for hypocrisy:

And still more hypocrisy:

Must keep our priorities in order:

If only:

Few of the WWII vets remain:

We may never again see this kind of heroism or putting country above self:

Can You Sell Just Five Percent Of Your Soul To Satan?

The Daily Escape:

Sunrise, Duck, NC – June 2024 photo by Nate Waddell

This should be a trivial story, except it isn’t. The WaPo reported this week that two former law enforcement officers who defended the US Capitol from rioters on Jan. 6 were jeered on Wednesday by state GOP lawmakers during a visit to the Pennsylvania’s House of Representatives:

“Former US Capitol Police officer Harry Dunn and former sergeant Aquilino Gonell were introduced on the floor Wednesday as “heroes” by House Speaker Joanna McClinton (D) for having “bravely defended democracy in the United States Capitol against rioters and insurrection on January 6. As the two men — both of whom were injured by rioters on Jan. 6 — were introduced, the House floor descended into chaos. According to Democratic lawmakers, several GOP lawmakers hissed and booed, with a number of Republicans walking out of the chamber in protest.”

In this specific instance of MAGA misbehavior, two things are significant. First, the Pennsylvania House has 203 members split between 102 Democrats and 101 Republicans. This is very similar to the polarizing political split in the US House. Second, MAGAs acting out underscores just how polarizing the Jan. 6 insurrection has become with Republicans.

Once again, we’re seeing that MAGA Republican politicians support very few of the historical guardrails of our politics. Wrongo used to think that most Republicans were sincere in their beliefs in a certain moral standard; in fiscal responsibility, in honoring those who served in the military, and respecting police officers and other authority. But over time, every one of those supposed standards has been trampled, and while Trump has been the single biggest perpetrator, all of today’s the loudmouth grifters on the Right also share in this ignominy. It’s doubtful that any argument they make is in good faith.

The irony is that the MAGA Republicans readily abandoned their long-standing heritage of freedom, of democratic rule, of the fundamentals of law dating from the Magna Carta, and of British common law. They’ve replaced it all with the Ethos of Trump. Their patriotism, like Trump’s business prowess, is a sham. Its disposable if political advantage is on the line. See Sen. Tommy Tuberville’s (R-AL) opinions on Ukraine if you doubt this.

And commitment to the principle of equal justice under law? That has been replaced with the saying: “For my friends, everything, for my enemies, the law.”

It’s nothing short of amazing how otherwise principled Republican politicians have flocked to Trump’s side. Their moves started slowly, but picked up steam during his presidency. Now they’re fully espousing whatever Trump says. And since his conviction in NY for fraud, it seems revenge is what’s driving them. Their willingness to shrug off a jury’s ruling and characterize it as illegitimate isn’t a new demonstration of their disregard for the rule of law. We’ve already seen this disregard in two impeachment trials, and in their disavowing any importance to the Jan. 6 attempted insurrection.

The MAGA movement has become a full-blown fascist enterprise before our eyes. The response we’re seeing to Trump’s conviction is bringing it more out in the open. Despite all of Trump’s bankruptcies, his greatest achievement in bankruptcy is in his completing the moral bankruptcy of the Republican Party. But Republicans still hope to re-elect their convicted leader to the White House. Now a felon, Trump cannot possess a gun, but they want to hand him the US military and nuclear arsenal.

Republicans ought to know that there’s no such thing as selling five percent of your soul to Satan. More likely, the Devil is in a Rent-to-Own relationship with the GOP.

Some decent news for your Saturday. Post the Trump verdict, the NYT resurveyed the participants in its last poll of 2,000 people. They found a perceptible shift toward Biden. It was only a couple of points but what’s meaningful about it is who shifted. Nate Cohn wrote:

“Perhaps not surprisingly, the swings were relatively pronounced among young, nonwhite, less engaged and low-turnout voters. In fact, 20% of Mr. Trump’s previous supporters who are Black now say they back Mr. Biden.”

Overall, Mr. Trump retained 93% of voters who told the NYT that they backed him in a previous survey. But in a close election, losing 7% of your supporters could be decisive. More:

“A potentially crucial sliver of Mr. Trump’s former supporters — 3% — now told us they’ll back Mr. Biden, while another 4% say they’re now undecided.”

Also, Trump only leads Biden by 4 points in Florida in the latest poll of the state by Fox News:

Biden is just outside the margin of error, but both of them have slipped slightly since the 2020 election. It should give some faint hope to Democrats, since Florida also has a November ballot initiative that would restore abortion rights. If the Florida initiative passes, abortion will be legalized up to 24 weeks. If it gets anywhere near the 60% required to become law, Biden has a chance in Florida. Trump doesn’t have a path to 270 electoral votes without Florida!

All we have to do is vote.

As usual, we’re heading into the weekend with mostly bad and a smattering of good news. It’s now time for our Saturday Soother, where we unplug from the social media that’s trying to murder our brains, and instead, spend a few moments of relaxation. Here on the Fields of Wrong, we’re attempting to turn a ½ acre patch of our lawn into a meadow that will attract pollinators. So far, the grass is very tall, and there are occasional flowers in bloom. Wrongo planted a few more this week, disturbing the bluebirds in one of our nest boxes in the process.

It’s going to be sunny and warm in the Northeast, so grab a seat under a tree. Now, watch and listen to the late, great Jeff Beck perform “Nessun Dorma”, on the Fender guitar. It’s the wildly popular aria from Puccini’s opera “Turandot” played here at the Crossroads Blues festival in February 2010. Beck also performed “Nessun Dorma” on many other stages. Beck died in January 2023. At the time, a fellow musician said…”If you haven’t heard this version of Nessun Dorma you need to because it can move you to tears.” Strongly recommended:

The Pro-Abortion Political Movement

The Daily Escape:

Artichoke blossom, Imperial County, CA – June 2024 photo by Paulette Donnellon

The repealing of Roe v. Wade via the Dobbs decision has helped create a dynamic new political movement: A revolt of millions of Americans (predominantly women) who think government has no business inserting itself into a woman’s personal decisions. This is going to be an important factor in the 2024 elections as it was in 2022.

The Economist says that only:

“….ten thousand women eligible to vote in this November’s elections were born before women won the right to vote. In the century since then, American women have steadily accumulated rights. In the 1960s the contraceptive pill let women choose how many children they had. In the 1970s no-fault divorce laws and Roe v Wade gave women more choices that had been denied to their mothers. This progress seemed irreversible, and was often taken for granted.”

Then it was time for the Trump-appointed Conservative Supreme Court majority to do what it had been hired to do: Overturn a woman’s right to an abortion. More from The Economist:

“A third of American women aged 15-49 now live in states where abortion is either illegal or impossibly restricted.”

These people are leading the biggest voter rebellion since the Tea Party movement in 2009.

Surprisingly, the number of abortions in the US has risen slightly since the Court’s decision, mostly due to the availability of the drug Mifepristone, which can be prescribed by mail. Medication abortions now account for about 63 percent of pregnancy terminations nationwide. The legality of Mifepristone is also currently under review by the same six Conservative justices. That decision could come down as early as today, and certainly by early July.

What a country! Americans have grown used to the idea that every spring, we wait for 9 unelected government officials with lifetime jobs to tell us what kind of country we’re going to live in. Elections should serve this purpose, and we the people should be doing the telling.

But that revolution remains in our future. What is part of our present is an attempt by House Democrats to force a vote on codifying the right to birth control access nationwide. From the NYT: (brackets by Wrongo):

“The [Democrat’s] maneuver, through a procedural move known as a discharge petition, is all but certain to fail for lack of Republican support, but that is by design. It is part of a broad election-year push by Democrats to highlight Republicans’ record of opposing abortion rights and other reproductive health choices that voters fear will be stripped away following the fall of Roe v. Wade.”

The Senate Democrats also plan to force a vote on an identical contraceptive access bill, which once again, Republicans are expected to block. This coordinated push shows that Democrats regard access to abortion and contraception options as a key issue that will show a contrast with Republicans this fall.

We’ve seen that the Dobbs decision caused an immediate political reaction. Six states have held referendums on abortion, and in all six, the abortion rights side prevailed. A potential problem for anti-abortion Republicans is that referendums to legalize abortion could be on the ballot in up to 16 more states.

Abortion rights campaigners already have enough signatures to get on the ballot in a few states, including Florida. That state is crucial because it was the abortion destination for many women in the South until May 1st, when it outlawed most abortions after six weeks. If the Florida initiative passes, abortion will be legalized up to the point of viability, roughly 24 weeks. Democrats vainly hope the issue has put Florida in play in the presidential election, although it must pass by 60% to become law. It can easily impact the elections in Arizona and other states. More:

“In only two of the six states that have held referendums, California and Vermont, did the abortion-rights side get such a large share. When Michigan held its referendum in 2022, 57% voted in favor of protecting abortion even though 63% broadly supported the procedure, a rate similar to Floridians.”

That means we’re in the middle of a vast political battle that parallels the presidential battle. Outside groups are pouring tens of millions of dollars into competitive House districts to amplify the message. The main super PAC supporting House Democrats last month announced a new $100 million fund focusing on abortion rights in swing districts.

And the group Americans for Contraception plans to spend more than $7 million on television and digital ads, targeting Republicans in the Senate who vote against the bill and House members who do not sign the petition.

A few voters could be pulled away from the Republicans. More from The Economist: (emphasis by Wrongo):

“The midterm elections in 2022 hinted at that….Although only 14% of registered Republican voters were upset about the Dobbs ruling, a quarter of that group voted for a Democrat in their House district…. Republicans and independents who saw abortion as an important issue were more likely to vote for Democrats in 2022 than two years earlier.”

That equals 3.5% of Republicans, and may be among the reasons a predicted “red wave” lifting Republican candidates failed to appear in 2022.

Republicans are in a bind on reproductive rights. They can’t reconcile their Party’s hard-line policies on women’s health and they’re out of step with the vast majority of the country. Despite that, they continue to try to tuck anti-abortion policies into pending legislation.

However the 2024 elections pan out, the anti-Dobbs movement represents something different in US politics. Unlike the Republicans, it isn’t a group of keyboard warriors vying for attention or grift online. Instead it’s people giving up their weekends and evenings to try to persuade their neighbors about an idea they hold deeply.

And it isn’t simply a political cause about a single issue. It’s many issues: The right to live, the right to privacy for medical procedures, the right to not be forced by the state to undergo unnecessary physical or mental injury.

Like most successful revolutions, it’s participatory and local. It is how democracy in America was designed to work. Help it succeed in November!

The Gap Between Economic Statistics (good) vs. People’s Perception Of Economic Situation (terrible)

The Daily Escape:

Monument Valley, Navajo Tribal Park, AZ – May, 2024 photo by Hung Ton

From The Lever:

“Americans paid roughly 25% more on groceries and dining out this March than they paid in January 2020, outpacing the rate of general inflation. Over that same period, the companies behind the country’s 10 largest grocery and restaurant brands have together returned or pledged to return more than $77 billion to shareholders.”

“In March 2024, consumers spent 95% more for a carton of eggs, 33% more for a pound of ground beef, and 22% more for a gallon of milk than they did before the pandemic.”

According to an analysis by Food and Water Watch, a corporate watchdog group, food costs for an average family of four living on a “thrifty” budget increased 50% from January 2020 to January 2024, from $654 to $976 a month.

When economists and pundits talk about the disconnect between America’s overall economic performance and how badly Americans view the economy, this unprecedented spike in food costs is at the heart of the problem.

In 2021, as food costs were skyrocketing, America’s biggest chains and grocery brands blamed the price hikes on supply chain issues and economy-wide inflation. But these same companies have expanded profits and quietly authorized billions of dollars in stock buyback programs and dividend payouts to shareholders.

Former PepsiCo CFO Hugh Johnston told Bloomberg last year that consecutive double-digit price hikes on the company’s products in recent years were “just there to cover inflation”. But in 2023, PepsiCo reported $91 billion in net revenue, a 35% increase over prepandemic income. And it used $7.7 billion of its profits to repurchase stock and issue dividends. Those buybacks increased by a whopping 843% compared to 2021.

More from The Lever: (emphasis by Wrongo)

“Matt Gardner, senior fellow at the Institute of Taxation and Economic Policy, a tax policy advocacy group, said buybacks boomed right before the pandemic when Trump-era tax cuts left corporations with extra cash on hand.”

Advocates for the Republican tax cuts said that companies would reinvest that tax windfall back into the economy via manufacturing and jobs (more trickle down). But many began plowing money into buybacks instead.

Tyson Foods more than doubled its profit margins between 2021 and 2022 after hiking prices for beef, pork, and chicken by 30%. The company claims it raised prices because it needed to offset increased costs in labor, transportation, and grain for animal feed. But data from earnings reports show that while increased operating costs set the company back $1.5 billion dollars in 2022, price increases expanded profits by $2 billion, meaning consumers covered Tyson’s inflation costs plus they also shelled out $500 million more. That year, Tyson repurchased $702 million of its own shares and raised dividends by 4%.

Some Americans trying to save money by eating fast foods have seen those prices increase too. A study of the country’s biggest fast food brands by Finance Buzz found that at all of them, menu prices have outpaced inflation. The Food Institute’s survey shows that: (emphasis by Wrongo)

“Due to inflated costs, 78% of respondents say they now view fast-food as a luxury. The percentage increases to 80% or higher among those making less than $30,000 a year.”

These high food costs have been largely caused by the food industry increasing prices faster than their costs.

Americans are largely supportive of efforts to regulate how much companies charge for food. In a new Data for Progress poll, 69% of respondents said the government “should do more to regulate grocery stores that raise prices to maximize profits.”

Sad to say, the Democrats will not do anything meaningful to bring down the cost of food.

And the higher expense of putting food on the table may partly explain the so-called “vibecession”. There’s a great divide in the US between how people see their personal financial situation (pretty good) and their view of the overall economy (terrible). Here’s another chart:

Data: Federal Reserve Survey of Household Economics and Decisionmaking; Chart: Axios Visuals

In the above poll by the Federal Reserve, respondents are asked to choose from four options when it comes to how they’re doing. The top two choices were “living comfortably” and “doing OK.” 72% of Americans landed in those categories.

Respondents are also asked about the financial well-being of the national economy — the top two choices, “excellent” and “good,” were chosen by only 22% of Americans. In addition, that gap between people’s perceptions of their financial well-being and that of the national economy has nearly doubled since 2019. From Axios: (brackets by Wrongo)

“This divide is showing up in plenty of surveys. The University of Michigan Consumer Sentiment Index for May [2024] came in lower than 84% of readings since 1978….Just 22% of respondents to a May Gallup poll said they were satisfied with the way things were going in the US, compared to 77% dissatisfied. That’s a wider gap than three-quarters of the time since they started asking the question in the 1970s. A Harris poll last month showed that 56% of Americans think we’re in a recession.”

Brian Beutler reminds us that if Trump were in office today — presiding over full employment while Americans enjoyed more purchasing power than ever before, and inflation was hovering steadily around three percent — he and Republican politicians would claim credit for building the greatest economy in US history.

But Biden and his handlers are vacillating about how to address the economy’s perception gap. From Beutler:

“Nevertheless, the emerging Democratic consensus seems to be that Biden should continue to ‘meet people where they are’: sympathize with the plight of the struggling, implicitly concede that the economy—which would poll through the roof with Republicans stealing credit for it—is actually bad.

Within the White House…aides are pushing for a message that makes empathy toward the economic plight of certain Americans more central….Some noticed a preview…when the president described the April inflation report…‘I know many families are struggling, and that even though we’ve made progress we have a lot more to do.’”

That can’t be right if we can swap Republicans for Democrats without changing anything else, and the perception gap would somehow magically go away.

But Biden shouldn’t be speaking as though the economy is one where more people need help when the truth is that fewer people need it. That would affirm the false notion that economic suffering is broadly based and something must be done to alleviate it.

The WaPo’s answer was an editorial saying that “Nearly everything Americans believe about the economy is wrong”. The same issue also had a story saying that people can’t make ends meet.

Are both of those things simultaneously true? Politicians better figure out which is primary (great economy) and which is secondary (bad personal financial situation).

We know that people are struggling to pay rent and mortgages and now, fast food’s a luxury. This is what is making many people think that this is the worst economy ever. And if you look closely this isn’t just “anecdotal”. The statistics supplied above seem to bear it out in some detail.

Biden needs to brag about the economy but he also must call out the food industry, and show people who are struggling that he’s trying to help.

Cartoons Of The Week – June 2, 2024

Too many Trump’s guilty cartoons this week. This isn’t a cartoon, but it’s timely:

The response by Republican leaders to Trump’s guilty verdict is unnerving. In the Senate, Mike Lee (R-UT) led a total of ten Senators in a revolt against the federal government by issuing a public letter saying that they would no longer pass legislation, fund the government, or vote to confirm Biden’s appointees because “the White House has made a mockery of the rule of law”. Here’s the letter:

The Senators are Lee, J. D. Vance of Ohio, Tommy Tuberville of Alabama, Eric Schmitt of Missouri, Marsha Blackburn of Tennessee, Rick Scott of Florida, Roger Marshall of Kansas, Marco Rubio of Florida, Josh Hawley of Missouri, and Ron Johnson of Wisconsin. So these ten say they will not do the jobs they were elected to do because a private citizen, Trump, was convicted in a state court by a jury of 12 people in New York, a trial that had nothing to do with Biden and everything to do with Trump.

A number of these senators were also involved in the attempt to overturn the 2020 presidential election. In a way, they’re sowing the seeds of the GOP’s destruction. Who thinks that these threats of retaliation are a winning strategy to get the votes of average Americans?

In a discussion at CNN, Trump conviction heralds a somber and volatile moment in American history, historian Timothy Naftal opines that Trump’s call to arms for a campaign against the legal system will mean that every Republican will be forced to put it at the center of their 2024 campaigns. We’ll see whether that is a winning strategy.

Will Trump be dragged off the political stage?

Trump’s Georgia plea returns, but in the opposite direction:

Trust the lawyers to look on the bright(er) side:

Trump’s first argument when sentencing comes around:

Who except the most committed MAGAs will vote for this guy?

Alito won’t recuse:

And finally:

Will The Guilty Verdict Matter?

The Daily Escape:

Sunrise, Cundy’s Harbor, ME – May 2024 photo by Eric Storm Photo

Everyone’s talking about it. Apparently, as with everything political, there are two sides. In real life, Trump was found guilty. For those of you who feel good about what the jury decided, Wrongo would give you all a big hug if you were nearby. In the Republican parallel universe however, he’s the victim of a Communist show trial. Wrongo hasn’t seen this many White men cry since Larry Bird retired. Don’t be surprised if the verdict caused Martha-Ann Alito to lower her “Stop the Steal” flag to half-mast.

You may not have already heard, but one of the jurors who voted to convict Trump regularly gets their news from Truth Social and Fox, meaning against all odds, they were convinced by the evidence. That was most likely the juror Trump was counting to deliver a hung jury.

At the Mansion of Wrong, we opened a bottle of good champagne.

In a nutshell, the reality facing Americans in the presidential election is that one of the two main contenders is a felon whose campaign is based on claiming the system is rigged. From Ed Luce in the Financial Times (paywalled):

“The Republican party’s nominee now joins his former campaign manager, senior political adviser, chief White House strategist, and national security adviser as a convicted criminal. The jury’s speed and unanimity leave little doubt about the watertightness of the verdict.…No matter what his lawyers advise, Trump’s court of appeal will be the US electorate.”

What happens between the guilty verdict in New York and inauguration day on January 20, 2025 will be a comprehensive stress test of American society. The decision will be made by the individual votes of the 244 million citizens who are eligible to vote, many of whom will stay home rather than vote.

November 5^th, 2024 isn’t the end point of this struggle because if the election outcome is disputed, societal forces beyond the courts and the ballot box will again come to draw up sides, as they did in the interregnum between November 2020 and January 2021.

The verdict matters. But is it enough to be decisive? The jury is, well, still out on that, and will be until November. But the verdict is a welcome outcome if you’re anti-Trump. It pierces Trump’s preferred narrative that he’s a winner and it’s plausible that it will depress some margin of potential Trump swing voters while activating the Democratic base.

Biden should seize the moment. He doesn’t need to speak about the details of the NY case, except to profess his faith in the judicial system and his respect for our fellow citizens who served on the jury. He doesn’t have to engage with the hysterical Trump defenders, except to point out their dangerous demagoguery and un-American attacks on our legal and judicial system.

Trump OTOH, can bitch and moan about unfairness all he wants, but only losers do that. And if you’re explaining, you’re losing. So while we should expect Trump’s conviction to have a very small effect on MAGA Republicans, it will be repellant to most centrists. By contrast, the verdict will be a heartening reminder to liberals and anyone invested in responsible government that the system can still work.

But first let’s take a deep breath and let this uplifting moment wash over us. Now, agree to start every conversation about him by saying: “Convicted Felon Donald Trump…”.

From Dan Pfeiffer:

“A lot of polling shows that a conviction is bad news for Trump. The highly respected Marquette University Law School poll recently did a split-sample. The first group was asked “If it turns out that Donald Trump is found guilty in his New York trial, would you vote for Joe Biden or for Donald Trump?” Biden led Trump 43-39. The other group was asked “If it turns out that Donald Trump is found not guilty in his New York trial, would you vote for Joe Biden or for Donald Trump?” In that group, Trump led 44-38.”

Other polls are similar. CNN released a poll in late April that offered some interesting details on the voters who could abandon Trump if convicted:

“They tend to be younger than other Trump supporters (64% are younger than 50 compared with 37% of those who would not reconsider), are less likely to be White (49% are people of color compared with 17% of those who would not reconsider), are more apt to report being Biden voters in 2020 (20% of them say they backed Biden in 2020 vs. 6% of those who would not reconsider) and are likelier to acknowledge that Biden legitimately won enough votes to win the presidency four years ago (63% vs. 22% among those who would not reconsider). They are also more apt to be politically independent (49% vs. 31%) and ideologically moderate (50% vs. 38%).”

These are some of the same voters who supported Biden in 2020 but who might defect in 2024. We need to remember that Trump is very good at distracting people from his problems by creating new ones, and most voters have very short attention spans.

America no longer has political guardrails. We no longer have standards which are bottom-line required in order for someone to be considered an admirable person. Apparently, a significant percentage of us are willing to elect anyone who yells the loudest or lies the most.

Still, there’s nothing but upside in believing Trump’s conviction will matter. Because if that turns out to be wrong, America will no longer be a place where it’s worth living.

Sadly, Wrongo has no plans for leaving it.

So it’s time for our Saturday Soother, where for the first time in forever, we can stay plugged into the news and talk about what’s going on with our friends and family. But we still need to take a few moments to consider the upcoming week and what it can mean for the nation. Since there’s beautiful weather in the northeast, start by grabbing a seat outdoors in the shade. Now, watch and listen to two musical performances.

First, “Song from a Secret Garden”, from an album by the Norwegian group, Secret Garden. Their music is sort of neo-classical new-age compositions. Here it is performed in 2022 by the Millennium Symphony Orchestra, a Korean group with solo Cello by Yoon Kyung Cho. It’s a lovely arrangement:

Second for levity, watch and listen to “I fought The Law” by the Bobby Fuller Four from 1966. The tune was written by Sonny Curtis of the Crickets and covered by the Bobby Fuller Four. Their version of the song was ranked No. 175 on the Rolling Stone list of The 500 Greatest Songs of All Time in 2004:

Democrats’ Grasp On Political Power Is Slipping

The Daily Escape:

Shiprock reflection, Shiprock, NM – May 2024 photo by Alex Spahn

Hope that everyone had a relaxing Memorial Day break. Despite our relaxing, time continued to march forward. And now some pundits are saying that America has entered the stretch run to the November presidential election. To a large extent, they’re correct. There’s only four months until early voting begins.

And its not just Trump we should be worrying about. At the moment, the Senate’s electoral map for November is grim for Democrats. They are certain to lose West Virginia, and the nine most competitive Senate races feature eight Democratic incumbents and Ted Cruz. And despite having a great Democrat (Colin Allred) running against Cruz, Texas may be the least likely to flip of those nine seats. So the odds on that are as long as drawing to an inside straight.

This brings up just how stacked against Democrats our Constitutional Republic has become. Fifteen years from now, states with 30% of the nation’s population will control 70% of the Senate’s seats. And the Senate is a legislative body where you need 60% of the votes (with certain exceptions) to bring a bill to the floor.

The difficult Senate map for 2024 means it is more likely than not that we may be kissing goodbye to adding additional progressive justices to the Supreme Court for some time, since a Republican-controlled Senate is unlikely to ever confirm a Biden nominee. (That’s assuming Biden wins in the fall.)

And it’s become clear that the Supreme Court as currently constituted is completely unfriendly to making voting easy for the masses. And they’re doing that in support of the Republican agenda. As Mark Jacob reminds us:

“The court has made a series of key rulings in recent decades that have handed Republicans major advantages, including:

The Bush v. Gore decision to block a recount in Florida in 2000 and award George W. Bush the presidency

The Citizens United ruling of 2010 that was rocket fuel for the political influence of wealthy donors and corporations

A 2013 ruling written by Chief Justice John Roberts that gutted the Voting Rights Act and cleared the way for voter suppression laws

A 2019 pro-gerrymandering ruling also written by Roberts that let political parties draw election maps to their unfair advantage. (The court takes the position that it can strike down gerrymandering if it’s done for racially discriminatory reasons rather than partisan ones….”

Back in the day, we all wanted to believe that the Supreme Court was MOSTLY unbiased and above the political fray. We’re now painfully aware that this “pillar” of justice is simply a facade. Alito and Thomas are doing whatever they please.

Most recently, as Democracy Docket reported, the Supreme Court ruled that South Carolina’s congressional map is not a racial gerrymander, reversing a lower court decision that had earlier struck down the same map. That decision will result in worse representation for South Carolina’s Black voters. This is in stark contrast with a Louisiana district court’s decision in which the state’s white voters were able to get a racially compliant map struck down as a racial gerrymander, meaning that it too will now favor White representation for a Louisiana district.

This now means that the Supremes have kneecapped the ability of plaintiffs either to prove racial bias or to change gerrymandered districts on the basis of partisanship. Black voters are reaping what was sowed by Chief Justice John Roberts in his 2013 opinion gutting the Voting Rights Act. The president of the South Carolina NAACP, Brenda C. Murphy, said about Alito’s decision against South Carolina’s map:

“The Supreme Court has failed. The American people’s voting rights have taken another gut punch, and the future of democracy in South Carolina is dangling by a thread,”

As if this isn’t bad enough, Matt Cohen, also of Democracy Docket, reports on yet another Right-wing group organizing to disrupt the national election this fall. The group is called United Sovereign Americans (USA). They’re planning a series of lawsuits aimed at upending the voting process in a handful of states by claiming that non-citizens are voting in the federal election. Forget that there is nearly zero evidence for the claim, and that non-citizen voting is already forbidden by federal law.

In early March, United Sovereign Americans filed a lawsuit in Maryland challenging the state’s voter roll maintenance practices and other election procedures. The group says they plan to file similar lawsuits in at least nine states challenging election administration and voting laws. And although a federal judge tossed out the Maryland lawsuit, the group recently filed an appeal to the 4th US Circuit Court of Appeals.

The crux of USA’s argument is that inaccurate voter rolls lead to illegally cast votes, a civil rights violation because the US Constitution guarantees that right. The group’s claim is that when an election is marred by hundreds of thousands of illegal votes, it dilutes the power of lawful votes and violates the civil rights of US citizens.

This is a legal longshot. So the group is also building a grassroots movement that, much like in 2020 and 2022, is radicalizing a large group of people across the country to become election vigilantes. Their job is to swamp local election officials with false claims in an effort to derail current election policies in various states.

Finally, we turn to that bastion of democracy, Texas. The Texas Tribune reports that:

“Republican Party of Texas delegates voted Saturday on a platform that called for new laws to require the Bible to be taught in public schools and a constitutional amendment that would require statewide elected leaders to win the popular vote in a majority of Texas counties.

Other proposed planks of the 50-page platform included proclamations that “abortion is not healthcare it is homicide”; that gender-transition treatment for children is “child abuse”; calls to reverse recent name changes to military bases and “publicly honor the southern heroes”; support for declaring gold and silver as legal tender; and demands that the US government disclose “all pertinent information and knowledge” of UFOs.”

How is it that these Republicans are taken seriously as politicians in a state as diverse as Texas? Apparently, they don’t trust their ability to keep winning statewide elections, even if it’s hard to see when (or if) Texas may become a purple or blue state.

Trump has shown America that there really aren’t any political constraints. Add to that the removal by the Supremes of several of the real constraints we did enjoy. What’s left is that state political parties can do just about anything to keep themselves in power.

Texas shows that. State electoral colleges? Sure. Gerrymandering where you can lose 57-43 and still win? Sure. Make voting a pain in the ass for voters you don’t want to see vote? Sure.

With the rules as they are, there is little recourse. But if Dems say “Court Reform” every time they’re in front of a camera, in a few years, the message might start to gain adherents.

Cartoons Of The Week – May 26, 2024

The Republican War against women continued as Louisiana became the first state to criminalize abortion pills. The state’s Republican governor Landry signed a bill classifying mifepristone and misoprostol, two drugs used to induce medical abortions as controlled substances.

That puts the abortion pills in same category as anti-anxiety medications Xanax and Valium. The law makes it a crime to possess them without a prescription or outside of a professional medical practice, punishable by one to five years in prison and fines of up to $5,000.

The law will also make it harder for people who need misoprostol for other conditions. The drug is used to induce labor, treat miscarriages, reduce the risk of serious bleeding from ulcers and other indications. This is yet another reason for women everywhere in America to turn Republican legislators out of office.

And we’ve ended another week of decidedly ordinary cartoons, with many about Supreme Court Justice Samuel Alito and his flags. On to cartoons.

What the future is for women in Louisiana: