Heather Cox Richardson | Letters from an American

October 4, 2022

Anti-abortion Georgia Senate candidate Herschel Walker did not, in fact, sue the Daily Beast over the story he paid for an ex-girlfriend’s abortion. Instead, his son Christian Walker took to social media to call his father out for lying, abuse, and abandonment and to call out MAGA Republicans for continuing to support his father while claiming to believe in “family values.”

Walker’s supporters immediately blamed the son for hurting his father’s campaign. The candidate himself stayed away from the media, attending a private event sponsored by “Prayer Warriors for Herschel.”

The National Republican Senatorial Committee, organized to elect Republicans to the Senate, and the Senate Leadership Fund, a super PAC aligned with Minority Leader Mitch McConnell, both reaffirmed their support for Walker. They will continue to keep spending to boost his campaign. Still, concern about the outcome in Georgia has prompted the right-wing super PAC Club for Growth Action to plan a massive $2 million ad buy in Spanish for the Nevada senate race, backing Republican Adam Laxalt against Democratic senator Catherine Cortez Masto.

Dana Loesch, a former spokesperson for the National Rifle Association and a former writer and editor for the right-wing media outlet Breitbart, made the position of party leaders clear: “I don’t care if Herschel Walker paid to abort endangered baby eagles,” she said. “I want control of the Senate.”

It is unclear if this scandal will hurt Walker with supporters who have already swallowed lies about his businesses, academic achievements, relationship with law enforcement, unacknowledged children, and accusations of domestic violence. But abortion is a key issue—perhaps THE key issue—in this election, and the demonstration that a Republican Senate candidate is calling for a nationwide abortion ban even as he paid for a girlfriend’s abortion will likely not sit well with those upset about the overturning of Roe v. Wade.

Republicans are determined to take control of the country no matter what it takes.

Today, Wisconsin senator Ron Johnson, who is up for reelection, revised his August story about his role in overturning the 2020 election. After saying his part in the delivery of fake electoral votes to the vice president was only “a couple seconds,” he now says that he texted with Wisconsin-based lawyer Jim Troupis, who was working for Trump to overturn the results of the election in Wisconsin, for about an hour. He also downplayed the events of January 6 as not an “armed insurrection.”

In the Washington, D.C., trial of the Oath Keepers today, though, prosecutors played a recording of a November 2020 meeting in which Oath Keepers planned to bring weapons to Washington and “fight” for Trump. The gang’s leader, Stewart Rhodes, said it would be “great” if protesters were there, because violence would enable Trump to invoke the Insurrection Act.

“Pepper spray is legal. Tasers are legal. And stun guns are legal. And it doesn’t hurt to have a lead pipe with a flag on it,” codefendant Kelly Meggs told attendees.

A lawyer for the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol revealed in court today that the chair of the Arizona Republican Party, Kelli Ward, repeatedly invoked her Fifth Amendment right to avoid self-incrimination when testifying before the committee. Ward was one of Arizona’s false electors.

Also today, in a story about Trump’s disregard for the correct handling of classified records, Washington Post reporters Shane Harris, Josh Dawsey, Ellen Nakashima, and Jacqueline Alemany said Trump White House chief of staff John Kelly, a former Marine Corps general, told them that Trump “rejected the Presidential Records Act entirely.”

The Presidential Records Act is a federal law.

In contrast to the course of the current Republican Party, President Joe Biden has focused on demonstrating that democracy works. Today, the CHIPS and Science Act, which provided $52 billion in public investment in semiconductor manufacture, appeared once again to pay off: Micron announced that it would spend up to $100 billion over the next 20 years to build up to four plants in upstate New York near Syracuse to build computer chips. The company estimates that the project will create almost 50,000 jobs generally over the next 20 years, with about 9,000 of those in the plants themselves.

“To those who doubted that America could dominate the industries of the future, I say this,” Biden said in a statement. “[Y]ou should never bet against the American people.”

Today, Justice Ketanji Brown Jackson brought an important new philosophy to the law when the Supreme Court heard arguments over Merrill v. Milligan, a voting rights case. This case concerns Section 2 of the Voting Rights Act, which, as summarized by the Department of Justice, “prohibits voting practices or procedures that discriminate on the basis of race, color, or membership in one of the language minority groups identified” in the act.

In 2021, Alabama’s legislature cut the state into seven districts that “crack and pack” Black voters. About 27% of the residents of Alabama are Black, but they are either “packed” into one district or “cracked” among the others, diluting their overall strength.

Registered voters, the Alabama chapter of the NAACP, and the multifaith Greater Birmingham Ministries sued under the Voting Rights Act. A district court of three judges, two of whom were appointed by Trump, agreed that the redistricting violated the law and gave the legislature two weeks to redraw the map to create two Black-majority districts.

The state immediately filed an emergency appeal with the Supreme Court, which was granted, allowing the states to use the original map for this year’s elections.

In today’s arguments, Alabama Solicitor General Edmund G. LaCour Jr. claimed that states must draw districts that are “race neutral.” When Justice Jackson pressed him to explain, he turned to the Fourteenth Amendment, saying it “is a prohibition, not an obligation, to engage in race discrimination.”

Jackson then turned on its head the so-called “originalism” that has taken over the court. “I understood that we looked at the history and traditions of the Constitution and what the framers and founders thought about,” she said, “and when I drilled down to that level of analysis, it became clear to me that the framers themselves adopted the equal protection clause, the 14th Amendment, the 15th Amendment in a race-conscious way.”

She’s right, of course, and while she followed up with more Reconstruction history, she could have gone even farther: when President Andrew Johnson vetoed the 1866 civil rights bill on the explicit grounds that it was not race neutral (among other things), Congress repassed it over his veto and based the Fourteenth Amendment on it.

Jackson’s approach was about more than this case, important though it is. She brought to the court what has been called “progressive originalism” or, perhaps more accurately, legal analyst Mark Joseph Stern’s term “egalitarian constitutionalism.” The Reconstruction Amendments—the 13th, 14th, and 15th—give to the federal government the power to protect individual rights in the states, and originalists’ avoidance of them has always stood out. Those amendments launched an entirely new era in our history; scholars call it a “second founding.”

Now, it appears, that second founding has an advocate on the Supreme Court.

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