Guns

Clarence Thomas’ relationship with ‘right-wing megadonor’ Harlan Crow

by

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

April 7, 2023

This Friday night’s news dump is a biggie: Texas judge Matthew Kacsmaryk, an antiabortion Trump appointee, has ruled that the Food and Drug Administration’s approval of the drug mifepristone in 2000 was flawed and must be suspended. In the 23 years since its approval, the drug has been widely proved to be safe, and this is the first time a court has ordered the FDA to remove a drug from the market. 

Mifepristone is used to induce abortions as well as for other medical applications. Although the Supreme Court argued last year in Dobbs v. Jackson Women’s Health, which overturned the 1973 Roe v. Wade decision legalizing abortion, that getting rid of Roe would enable states to make their own decisions about abortion, Kacsmaryk’s decision would remove mifepristone across the entire United States. Mifepristone accounts for about 53% of medically induced abortions. 

Vice President Kamala Harris, who has led the administration’s policy on reproductive rights, noted that Kacsmaryk’s decision does not simply impact abortion: it opens the door to politicizing chemotherapy drugs, asthma medicine, blood pressure pills, insulin, and so on.

Kacsmaryk also said that mailing mifepristone across state lines is illegal based on the Comstock Act, which Congress passed in 1873, making it illegal to send contraceptive materials through the mail. He went further than that, though, going far beyond the Dobbs decision to embrace the concept that a fertilized egg is an “unborn human” from the time of conception. 

He stayed the ruling for a week to give the government time to respond.

President Joe Biden vowed to fight the ruling. He noted that the Department of Justice has already filed an appeal and will seek an immediate stay. “But let’s be clear,” he wrote, “the only way to stop those who are committed to taking away women’s rights and freedoms in every state is to elect a Congress who will pass a law restoring Roe versus Wade.  Vice President Harris and I will continue to lead the fight to protect a woman’s right to an abortion, and to make her own decisions about her own health.  That is our commitment.”

Less than an hour after Kacsmaryk’s ruling, federal judge Thomas O. Rice in Washington state issued an injunction prohibiting the FDA from pulling mifepristone from the market. 

With two opposing rulings in place, the case will go quickly to the U.S. Supreme Court. 

But the Supreme Court has its own issues right now. Today, Justice Clarence Thomas released a statement saying that he did not disclose the lavish gifts he received from right-wing megadonor Harlan Crow on the advice of “colleagues and others in the judiciary,” but he did not say who those individuals were. He says he will comply with new regulations in the future.

Thomas said that he and his wife Ginni had been dear friends of the Crows for over 25 years, but he joined the court over 30 years ago, making more than one commenter note that the friendship certainly seemed to be based on Crow’s access to the Supreme Court through Thomas. In 2011, Ian Millhiser, then of ThinkProgress, noted that Thomas sided with the American Enterprise Institute and the Center for the Community Interest, both of which were affiliated with Crow, in every case concerning them that had come before the Supreme Court.  

A couple of other stories before I call it quits tonight: 

The Internal Revenue Service yesterday explained how it intends to use the $80 billion appropriated for it by the Inflation Reduction Act. After a decade of budget cuts, audit and enforcement rates on taxpayers earning $1 million or more annually had dropped significantly, from 7.2% in 2011 to just 0.7% in 2019. The IRS will focus on restoring those audits.

It will also look at allowing taxpayers to file directly with the government system for free, as taxpayers in other countries do. This plan has the lobbyists who work for tax preparers fighting back out of fear such a free system will cripple their businesses. They are joining with Republicans to complain that such a system will give the government too much information about individual taxpayers. 

Today’s jobs report for March showed continuing job growth as unemployment fell to 3.5% and the economy added another 236,000 jobs. Unemployment among Black Americans is at a historic low of 5%. While jobs are still being added, they are increasing at a slower rate than they have been. Wage increases are also slowing, which reinforces the idea that inflation will continue to ease and perhaps lead the Federal Reserve to slow down on the interest rate hikes that cool the economy. 

In a statement, President Biden noted the good jobs news and reminded people that the government is investing in infrastructure, innovation, and clean energy to build the economy for the long term. But, he warned, “[e]xtreme MAGA Republicans in Congress…are threatening to wreak havoc on our economy with debt limit brinkmanship. Their extreme agenda would send the unprecedented investments we’ve made here in America—along with the jobs that come with it—overseas. And it’s all to pay for even more giveaways to the wealthiest Americans and largest corporations.” He promised to stop them from moving the country backward.

Today, Vice President Harris traveled to Nashville, Tennessee, where she met with the state Democratic caucus and with the two young Black legislators, Justin Jones and Justin Pearson, whose colleagues expelled them from the state legislature yesterday. While in Nashville, she spoke at historically Black Fisk University to call for gun safety legislation and condemn the expulsion of the Democratic lawmakers.

Restricting the vote is now a central part of Republican policy

by

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

April 5, 2023

In yesterday’s election in Wisconsin, the two candidates represented very different futures for the country. One candidate for the state supreme court, Daniel Kelly, had helped politicians to gerrymander the state to give Republicans an iron lock on the state assembly and was backed by antiabortion Republicans. The other, Janet Protasiewicz, promised to stand behind fair voting maps and the protection of reproductive rights.

Wisconsin voters elected Protasiewicz by an overwhelming eleven points in a state where elections are usually decided by a point or so. Kelly reacted with an angry, bitter speech. “I wish that in a circumstance like this I would be able to concede to a worthy opponent,” he said. “But I do not have a worthy opponent to which I can concede.”

Yesterday’s vote in Wisconsin reinforces the polling numbers that show how overwhelmingly popular abortion rights and fair voting are, and it seems likely to throw the Republican push to suppress voting into hyperdrive before the 2024 election.

Since the 1980s, Republicans have pushed the idea of “ballot integrity” or, later, “voter fraud” to justify voter suppression. That cry began in 1986, when Republican operatives, realizing that voters opposed Reagan’s tax cuts, launched a “ballot integrity” initiative that they privately noted “could keep the black vote down considerably.”

That effort to restrict the vote is now a central part of Republican policy. Together with Documented, an investigative watchdog and journalism project, The Guardian today published the story of the attempt by three leading right-wing election denial groups to restrict voting rights in Republican-dominated states by continuing the lie that voting fraud is rampant.

The Guardian’s story, by Ed Pilkington and Jamie Corey, explores a two-day February meeting in Washington organized by the right-wing Heritage Foundation and attended by officials from 13 states, including the chief election officials of Indiana, Florida, Mississippi, Missouri, Montana, Tennessee, Virginia, and West Virginia. At the meeting, participants learned about auditing election results, litigation, and funding to challenge election results. Many of the attendees and speakers are associated with election denial.

Since the 2020 election, Republican-dominated states have passed “election reform” measures that restrict the vote; those efforts are ongoing. On Thursday alone, the Texas Senate advanced a number of new restrictions. In the wake of high turnout among Generation Z Americans, who were born after 1996 and are more racially and ethnically diverse than their elders, care deeply about reproductive and LGBTQ rights, and want the government to do more to address society’s ills, Republican legislatures are singling out the youth vote to hamstring.

That determination to silence younger Americans is playing out today in Tennessee, where a school shooting on March 28 in Nashville killed six people, including three 9-year-olds. The shooting has prompted protesters to demand that the legislature honor the will of the people by addressing gun safety, but instead, Republicans in the legislature have moved to expel three Democratic lawmakers who approached the podium without being recognized to speak—a breach of House rules—and led protesters in chants calling for gun reform. As Republicans decried the breach by Representatives Gloria Johnson, Justin Jones, and Justin Pearson, protestors in the galleries called out, “Fascists!”

Republican efforts to gain control did not end there. On Twitter today, Johnson noted that she had “just had a visit from the head of HR and the House ethics lawyer,” who told her “that if I am expelled, I will lose my health benefits,” but the ethics lawyer went on to explain “that in one case, a member who was potentially up for expulsion decided to resign because if you resign, you maintain your health benefits.”

The echoes of Reconstruction in that conversation are deafening. In that era, when the positions of the parties were reversed, southern Democrats used similar “persuasion” to chase Republican legislators out of office. When that didn’t work, of course, they also threatened the physical safety of those who stood in the way of their absolute control of politics.

On Saturday night, someone fired shots into the home of the man who founded and runs the Tennessee Holler, a progressive news site. Justin Kanew was covering the gun safety struggle in Tennessee. He wrote: “This violence has no place in a civilized society and we are thankful no one was physically hurt. The authorities have not completed their investigation and right now we do not know for sure the reason for this attack. We urge the Williamson County Sheriff’s office to continue to investigate this crime and help shed light on Saturday’s unfortunate events and bring the perpetrators of this crime to justice. In the meantime, our family remains focused on keeping our children healthy and safe.”

The anger coming from losing candidate Kelly last night, and his warning that “this does not end well….[a]nd I wish Wisconsin the best of luck because I think it’s going to need it,” sure sounded like those lawmakers in the Reconstruction years who were convinced that only people like them should govern. The goal of voter suppression, control of statehouses, and violence—then and now—is minority rule.

Today’s Republican Party has fallen under the sway of MAGA Republicans who advocate Christian nationalism despite its general unpopularity; on April 3, Hungarian president Viktor Orbán, who has destroyed true democracy in favor of “Christian democracy” in his own country, cheered Trump on and told him to “keep on fighting.” Like Orbán, today’s Republicans reject the principles that underpin democracy, including the ideas of equality before the law and separation of church and state, and instead want to impose Christian rule on the American majority.

Their conviction that American “tradition” focuses on patriarchy rather than equality is a dramatic rewriting of our history, and it has led to recent attacks on LGBTQ Americans. In Kansas today, the legislature overrode Democratic governor Laura Kelly’s veto of a bill banning transgender athletes who were assigned male at birth from participating in women’s sports. Kansas is the twentieth state to enact such a policy, and when it goes into effect, it will affect just one youth in the state.

Yesterday, Idaho governor Brad Little signed a law banning gender-affirming care for people under 18, and today Indiana governor Eric Holcomb did the same.

Meanwhile, Republican-dominated states are so determined to ignore the majority they are also trying to make it harder for voters to challenge state laws through ballot initiatives. Alice MIranda Ollstein and Megan Messerly of Politico recently wrote about how, after voters in a number of states overrode abortion bans through ballot initiatives, legislatures in Arkansas, Florida, Idaho, Missouri, North Dakota, Ohio, and Oklahoma are now debating ways to make it harder for voters to get measures on the ballot, sometimes even specifying that abortion-related measures are not eligible for ballot challenges.

And yet, in the face of the open attempt of a minority to seize control, replacing our democracy with Christian nationalism, the majority is reasserting its power. In Michigan, after an independent redistricting commission redrew maps to end the same sort of gerrymandering that is currently in place in Wisconsin and Tennessee, Democrats in 2022 won a slim majority to control the state government. And today, Michigan governor Gretchen Whitmer signed into law a bill revoking a 1931 law that criminalized abortion without exception for rape or incest.

Massive protests in Israel over judicial overhaul. Another school shooting in the U.S. elicits the usual ‘thoughts and prayers’

by

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

March 27, 2023

Seven people died today in a school shooting in Nashville. Three of them were nine-year-olds. Three were staffers. One was the shooter. In the aftermath of the shooting, President Joe Biden once again urged Congress to pass a ban on assault weapons, to which today’s Republican lawmakers will never agree because gun ownership has become a key element of social identity for their supporters, who resent the idea that the legal system could regulate their ownership of firearms.

In the wake of the shooting, Representative Andrew Ogles (R-TN), who represents Nashville thanks to redistricting by the Republican legislature that cut up a Democratic district, said he was “utterly heartbroken” by the shooting and offered “thoughts and prayers to the families of those lost.” 

In 2021, Ogles, his wife, and two of his three children held guns as they posed for a Christmas card with a caption that read: “The very atmosphere of firearms anywhere and everywhere restrains evil interference—they deserve a place of honor with all that’s good.”

Meanwhile, protests continue in Israel, where Prime Minister Benjamin Netanyahu’s attempt to hamstring his country’s Supreme Court and put the legislature in charge of judicial review has sparked fierce opposition. 

Netanyahu regained power last November while he was facing criminal charges of fraud, breach of trust, and bribery. His far-right coalition put together a government and elevated two critics of the Israeli judiciary, who promptly put forward a plan of “legal reforms.” 

According to Amichai Cohen and Yuval Shany in Lawfare, supporters of those changes claim that unelected judges who are part of a “liberal deep state” have too much power, often using it to pursue criminal proceedings against senior politicians, prohibit Israeli settlements on Palestinian land in the West Bank, or to refuse religious exemptions from military service for ultra-Orthodox yeshiva students.  

On January 4, 2023, Netanyahu’s minister of justice Yariv Levin proposed an overhaul of the judicial system that would put Netanyahu’s slim majority—just 64 seats in the 120-member Knesset—in complete control of the country’s laws, enabling the far-right majority to avoid any checks on its power (as well as enabling Netanyahu to evade the criminal trials he faces). 

But Netanyahu did not campaign on remaking the judiciary; it is the far-right members of his coalition who have made it their signature issue. Protests against the measures began almost immediately as alarmed Israelis realized the move would destroy their democracy.

The protests continued until this Saturday, when Israeli defense minister Yoav Gallant warned that the massive backlash against the judicial overhaul, including more and more military members who are boycotting their training missions, threatened the nation’s military readiness. He called for a halt to the attempt to force through the changes. Two members of the coalition backed Gallant and one appeared to be wavering, thus threatening Netanyahu’s majority. The next day, Netanyahu fired Gallant.

The firing sparked massive demonstrations and widespread strikes. At first, the far-right members of Netanyahu’s coalition refused to stop their plans to overhaul the judiciary and called for their supporters to turn out to oppose the protesters, but Netanyahu apparently cut a deal with them. He has announced that the judicial reforms will be postponed while the two sides look for a compromise, and that he has agreed to the formation of a civil “national guard” the right will control. While Bethan McKernan of The Guardian called this move an empty gesture, Zach Beauchamp of Vox noted that the new paramilitary unit will be under the control of the extremist minister of national security, Itamar Ben-Gvir, who in 2008 was convicted of supporting a terrorist organization and who used to keep a photograph of a mass murderer in his living room. 

Still, as Josh Marshall of Talking Points Memo notes, the halt is “pretty transparently a stalling tactic,” launched in the hope that the protests will die down and the package can go forward later, although, as Marshall points out, polls show that the so-called reforms are very unpopular. 

The crisis in Israel threatens the country’s relationship with the United States. During the Trump administration, Netanyahu cozied up to Trump and his Republican allies, and Israel’s continued rightward shift has alarmed foreign observers. In early March, Israel’s finance minister Bezalel Smotrich called for the state to “erase” a Palestinian town, and he has called himself a “proud homophobe” and a “fascist.” In Israel, Netanyahu’s son tweeted that the U.S. State Department is behind the protests, hoping to overthrow Netanyahu, a sentiment to which Netanyahu himself has nodded.

When Smotrich visited Washington, D.C., earlier this month, White House officials declined to meet with him, and more than ninety Democratic lawmakers wrote to Biden asking him to use “all diplomatic tools available to prevent Israel’s current government from further damaging the nation’s democratic institutions and undermining the potential for two states for two peoples.” According to Josh Lederman of NBC News, more than 300 rabbis last year said that members of Netanyahu’s coalition were not welcome to speak at their synagogues. 

The threats to the Israeli judiciary threaten the nation’s economy, as billionaire and former New York City mayor Michael Bloomberg pointed out in a New York Times op-ed earlier this month. “Companies and investors place enormous value on strong and independent judicial systems because courts help protect them — not only against crime and corruption but also government overreach. Just as important, they protect what their employees value most: individual rights and freedoms,” he wrote. 

In case anyone missed the obvious comparison between what is happening in Israel and what might transpire in the U.S., Bloomberg continued: “In the United States, our founding fathers’ insistence on checks and balances to control the tyrannical tendencies of majorities was part of their genius. Our Constitution is not perfect—no law is—but its many checks and balances have been essential to protecting and advancing fundamental rights and maintaining national stability. It was only through those safeguards that the United States has managed to withstand extreme shocks to our democracy in recent years—including a disgraceful attempt to prevent the peaceful transfer of power—without a catastrophic fracturing.”

“Responsible gun owners are fed up!”

by

Heather Cox Richardson | Letters from an American

HCR
Heather Cox Richardson

June 7, 2022

Today, President Biden signed nine bipartisan bills designed to improve veterans’ health care and to honor those who have served in our nation’s military. It was an upbeat hour in the midst of a storm gathering as the nation takes on both gun safety legislation and the events of January 6. 

Today, Good Morning America ran an 8-minute segment with teacher Arnulfo Reyes, who was wounded in the massacre at Uvalde, Texas, where on May 24 a gunman murdered 19 schoolchildren and 2 teachers and wounded 17 others. The gunman badly wounded Reyes before murdering all 11 of the children in his classroom. In a powerful interview, Reyes vowed, “I will not let these children and my coworkers die in vain. I will not. I will go to the end of the world to not let my students die in vain.”

Then, actor Matthew McConaughey, who is from Uvalde, gave a passionate speech to reporters from the press podium at the White House. A gun owner himself, McConaughey called for strengthening our gun safety laws with background checks, raising the minimum age to purchase an AR-15 rifle to 21, instituting a waiting period for those rifles, and establishing red-flag laws. “These are reasonable, practical, tactical regulations to our nation, states, communities, schools, and homes,” he said. 

McConaughey described the children and teachers who lost their lives at the Robb Elementary School, and explained just how the killer’s AR-15 so destroyed their bodies that they had to be identified by DNA… or by their signature sneakers. He warned that “Responsible gun owners are fed up with the Second Amendment being abused and hijacked by some deranged individuals. These regulations are not a step back; they’re a step forward for a civil society and—and the Second Amendment,” he said.  

He urged lawmakers—and Americans—to come together to pass legislation to protect our children. “Because I promise you, America—you and me, who—we are not as divided as we’re being told we are…. How about we get inspired? Give ourselves just cause to revere our future again. Maybe set an example for our children, give us reason to tell them, ‘Hey, listen and watch these men and women. These are great American leaders right here. Hope you grow up to be like them.’ And let’s admit it: We can’t truly be leaders if we’re only living for reelection…. We’ve got to make choices, make stands, embrace new ideas, and preserve the traditions that can create true—true progress for the next generation.”

As McConaughey finished and left the podium, James Rosen from Newsmax called out: “Were you grandstanding just now, sir?”

That response reflects the continuing dislike of Republicans for gun safety regulations. While the House will begin tomorrow to discuss passing a federal red-flag law, a minimum age requirement that a buyer has to be 21 to purchase a semiautomatic rifle, and a ban on high-capacity ammunition magazines, these measures will not get through the Senate, where the filibuster enables Republicans to stop legislation unless Democrats can muster a supermajority of 60 votes. 

Senate Republicans have already said that they will not consider the regulations experts think are central to stopping mass shootings: an assault weapons ban such as we had until 2004, limits on ammunition magazines, and expansions of background checks to cover private gun sales are all off the table. They also say an age limit of 21 to purchase an assault-type rifle like that AR-15 is unlikely.

Republicans seem to be feeling the pressure of constituents angry at more and more frequent mass shootings. “This moment is different,” McConaughey said, in an echo of gun safety activist and Parkland shooting survivor David Hogg. “We are in a window of opportunity right now that we have not been in before, a window where it seems like real change—real change can happen.” 

And yet, Republicans who have embraced an ideology that rejects federal regulations and celebrates the idea of gun-carrying men cannot accept the gun safety rules most people want. So they are turning to extremist rhetoric. Jennifer Bendery reported in the Huffington Post that the extremist American Firearms Association warned of “tens of thousands of Bloomberg-funded, red shirt radical, commie mommies all over the Capitol complex.” Its leaders told members to prepare for “battle” at the U.S. Capitol. “They’re coming after us right now,” a fundraising email warned.

Republicans are also under pressure from the upcoming hearings of the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol. They have announced that they will launch counterprogramming to the committee hearings, and those Republicans most likely to carry water for Trump are already on social media trying to undercut the committee and to stir up new scandals of one sort or another. 

House Minority Leader Kevin McCarthy (R-CA) and Representatives Jim Jordan (R-OH), Jim Banks (R-IN) and Elise Stefanik (R-NY) will lead the way in arguing that the committee is illegitimate and out of touch. According to a document obtained by Vox, Trump has asked his chief supporters to shape the media coverage of the hearings and to ​​“control and drive messaging using the channels we control.”

Republican leaders appear eager to attack the committee without explicitly defending Trump, for it’s not clear yet just how bad he will appear in the story the committee tells. Tonight, U.S. District Judge David O. Carter ordered lawyer John Eastman to turn over another file of emails…by tomorrow. Some of them, he said, fall under the crime-fraud exception to attorney-client privilege, and he outlined how “Dr. Eastman and President Trump’s plan to disrupt the Joint Session was fully formed and actionable as early as December 7, 2020.” 

The Fox News Channel says it will not carry the January 6 committee hearings live, although CBS, ABC, NBC, PBS, and CNN will. As Sawyer Hackett, a co-host of the Our America podcast, noted, the Fox News Channel “ran 1,098 primetime segments on Benghazi from the day of the attack until the committee hearings, which they carried live for more than 7 hours.” 

The Department of Homeland Security today issued a new bulletin in the National Terrorism Advisory System, stating that the U.S. “remains in a heightened threat environment.” It noted that “[t]he continued proliferation of false or misleading narratives regarding current events could reinforce existing personal grievances or ideologies, and in combination with other factors, could inspire individuals to mobilize to violence.” Stories that the government is unwilling or unable to secure the southern border and the upcoming Supreme Court decision about abortion rights might lead to violence, it said. 

Also, it noted: “As the United States enters mid-term election season this year, we assess that calls for violence by domestic violent extremists directed at democratic institutions, political candidates, party offices, election events, and election workers will likely increase.”