HCR: McConnell won’t permit Biden to fill a vacancy on the Supreme Court

Heather Cox Richardson | Letters from an American

HCR
Heather Cox Richardson

June 14, 2021

Today, Senate Minority Leader Mitch McConnell (R-KY) told radio personality Hugh Hewitt that it is “highly unlikely” that he would permit President Biden to fill a vacancy on the Supreme Court if the Republicans win control of the Senate in 2022.

While it seems certain that, if returned to his leadership role in the Senate, McConnell would block any Biden nominee, the fact he said it right now suggests that he is hoping to keep evangelical voters firmly in the Republican camp. In 2016, after Justice Antonin Scalia died in February, McConnell refused even to hold hearings for President Obama’s nominee for the Supreme Court, Merrick Garland. McConnell’s justification for this unprecedented obstruction was that Obama’s March nomination was too close to an election—a rule he ignored four years later when he rushed through Amy Barrett’s appointment to the Court in late October when voting in the upcoming election was already underway—and yet the underlying reason for the 2016 delay was at least in part his recognition that hopes of pushing the Supreme Court to the right, especially on the issue of abortion, were likely to push evangelical voters to the polls.

McConnell’s stance was at least in part directed to the changing nature of the judiciary under President Biden. Last week, the Senate confirmed the first Muslim American federal judge in U.S. history, a truly astonishing first since Muslims have been part of the U.S. since the earliest days of African enslavement in the early 1600s. By a vote of 81 to 16, the Senate confirmed Zahid Quraishi, the son of Pakistani immigrants and veteran of two tours of duty in Iraq, to the U.S. District Court for the District of New Jersey.

More to the point, perhaps, for McConnell, is that the Senate today confirmed Judge Ketanji Brown Jackson to the U.S. Court of Appeals for the D.C. Circuit. Jackson takes the place of Merrick Garland, who is now the attorney general. This post is generally seen as a stepping stone to the Supreme Court. Biden has suggested he would appoint a Black woman to the Supreme Court, and Jackson is widely thought to be a top contender.

Aside from its implications for the Supreme Court, McConnell’s stand makes a mockery of Senator Joe Manchin’s (D-WV) insistence on bipartisan support for legislation that protects voting rights. Manchin is demanding that bills protecting voting win bipartisan support because he says he fears that increasing partisanship will injure our democracy. McConnell’s flaunting of his manipulation of Senate rules to cement Republican control of our courts leaves Manchin twisting in the wind.

States, too, are passing voter suppression legislation along strictly partisan lines. The Brennan Center for Justice keeps tabs on voting legislation. It writes that “Republicans introduced and drove virtually all of the bills that impose new voting restrictions, and the harshest new laws were passed with almost exclusively Republican votes and signed into law by Republican governors.”

The Republican domination of the government over the past four years is on the table today as Democratic lawmakers try to get to the bottom of who authorized the FBI under former president Trump to spy on reporters, Democratic lawmakers and their families and staff members, and on White House Counsel Don McGahn and his wife. CNN chief congressional reporter Manu Raju tweeted that Adam Schiff (D-NY) who chairs the House Intelligence Committee, says after speaking with Garland that he still doesn’t know who started the investigation. “We discussed the need to really do a full scale review of what went on in the last four years, and make sure that steps are taken to re-establish the independence of the department,” he said.

While Attorney General Merrick Garland has referred the issue to the inspector general of the Justice Department, the chair of the House Judiciary Committee, Jerry Nadler (D-NY), tonight announced the committee would open a formal investigation into the department’s secret seizure of data. “It is…possible that these cases are merely our first glimpse into a coordinated effort by the Trump Administration to target President Trump’s political opposition,” the committee members said in a statement. “If so, we must learn the full extent of this gross abuse of power, root out the individuals responsible, and hold those individuals accountable for their actions.”

In the midst of the uproar over the news that the Trump Department of Justice investigated Democratic lawmakers, the top national security official in the Justice Department, John Demers, a Trump appointee, has retired. Demers ran the department that had a say in each of the leak investigations.

Meanwhile, in Brussels, the North Atlantic Treaty Organization, organized as a military alliance after WWII, met today. The heads of state of the 30 participating countries issued a communique reaffirming “our unity, solidarity, and cohesion,” and reiterating that, in case of attack, each nation would come to the aid of another. The members reiterated their commitment to a rules-based international order.

While the statement said NATO members remained open to a periodic, focused, and meaningful dialogue,” it singled out Russia as a threat and called for it to withdraw its forces from Ukraine, Georgia, and the Republic of Moldova. It condemned Russia’s “illegal and illegitimate annexation of Crimea.” It warned that NATO countries would, in certain circumstances, recognize a cyberattack as “amounting to an armed attack” and would treat it as such, rising to each other’s defense.

The statement was less strident against China, noting its “growing influence and international policies can present challenges.”

NATO leaders vowed to stand against terrorism and to continue to support Afghanistan despite the U.S. withdrawal. They reiterated that they did not want Iran to develop a nuclear weapon. In a reflection of the new era, the signatories’ statement called for addressing climate change. It also affirmed “the critical importance of women’s full, equal, and meaningful participation in all aspects of peace and stability, as well as the disproportionate impact that conflict has on women and girls, including conflict-related sexual violence.”

Biden says he promises to prove “that democracy and that our Alliance can still prevail against the challenges of our time and deliver for the needs and the needs of our people.” With this strong statement of NATO solidarity in hand, Biden will meet with Russian President Vladimir Putin on Wednesday.

HCR: Why is Critical Race Theory such a flashpoint in today’s political world?

Heather Cox Richardson | Letters from an American

HCR
Heather Cox Richardson

June 12, 2021

Yesterday, David Ignatius had a piece in the Washington Post that uncovered the attempt of the Trump administration to reorder the Middle East along an axis anchored by Crown Prince Mohammed bin Salman of Saudia Arabia (more popularly known as MBS), Prime Minister Benjamin Netanyahu of Israel, and Jared Kushner of the U.S.

To make the deal, the leaders involved apparently wanted to muscle Jordan out of its role as the custodian of Muslim and Christian holy sites in Jerusalem, a role carved out in the 1994 peace treaty between Israel and Jordan that was hammered out under President Bill Clinton. The new dealmakers apparently wanted to scuttle the U.S.-backed accords and replace them with economic deals that would reorder the region.

This story has huge implications for the Middle East, for American government, for religion, for culture, and so on, but something else jumps out to me here: this story is a great illustration of the principles behind Critical Race Theory, which is currently tearing up the Fox News Channel. Together, the attempt to bypass Jordan and the obsession with Critical Race Theory seem to make a larger statement about the current sea change in the U.S. as people increasingly reject the individualist ideology of the Reagan era.

When Kushner set out to construct a Middle East peace plan, he famously told Aaron David Miller, who had negotiated peace agreements with other administrations, that he didn’t want to know about how things had worked in the past. “He said flat out, don’t talk to me about history,” Miller told Chris McGreal of The Guardian, “He said, I told the Israelis and the Palestinians not to talk to me about history too.”

Kushner apparently thought he could create a brand new Middle East with a brand new set of alliances that would begin with changing long standing geopolitics in Jerusalem, the city three major world religions consider holy. It is eye-popping to imagine what would have happened if we had torn up decades of agreements and tried to graft onto a troubled area an entirely new way of interacting, based not on treaties but on the interests of this new axis. Apparently, the hope was that throwing enough money at the region would have made the change palatable. But most experts think that weakening Jordan, long a key U.S. ally in the region, and removing its oversight of the holy sites, would have ushered in violence.

The heart of the American contribution to the idea of reworking the Middle East along a new axis with contracts, rather than treaties, seems to have been that enough will and enough money can create new realities.

The idea that will and money could create success was at the heart of the Reagan Revolution. Its adherents championed the idea that any individual could prosper in America, so long as the government stayed out of his (it was almost always his) business.

Critical Race Theory challenges this individualist ideology. CRT emerged in the late 1970s in legal scholarship written by people who recognized that legal protections for individuals did not, in fact, level the playing field in America. They noted that racial biases are embedded in our legal system. From that, other scholars noted that racial, ethnic, gender, class, and other biases are embedded in the other systems that make up our society.

Historians began to cover this ground long ago. Oklahoma historian Angie Debo established such biases in the construction of American law in her book, And Still the Waters Run: The Betrayal of the Five Civilized Tribes back in 1940. Since then, historians have explored the biases in our housing policies, policing, medical care, and so on, and there are very few who would suggest that our systems are truly neutral.

So why is Critical Race Theory such a flashpoint in today’s political world? Perhaps in part because it rejects the Republican insistence that an individual can create a prosperous life by will alone. It says that, no matter how talented someone might be, or how eager and dedicated, they cannot always contend against the societal forces stacked against them. It argues for the important weight of systems, established through time, rather than the idea that anyone can create a new reality.

It acknowledges the importance of history.

The aim of the GOP is voter suppression and to make sure the government does not spend tax dollars on public services

Heather Cox Richardson | Letters from an American | March 28

HCR
Heather Cox Richardson

Since the Civil War, voter suppression in America has had a unique cast.

The Civil War brought two great innovations to the United States that would mix together to shape our politics from 1865 onward:

First, the Republicans under Abraham Lincoln created our first national system of taxation, including the income tax. For the first time in our history, having a say in society meant having a say in how other people’s money was spent.

Second, the Republicans gave Black Americans a say in society.

They added the Thirteenth Amendment to the Constitution, outlawing human enslavement except as punishment for crime and, when white southerners refused to rebuild the southern states with their free Black neighbors, in March 1867 passed the Military Reconstruction Act. This landmark law permitted Black men in the South to vote for delegates to write new state constitutions. The new constitutions confirmed the right of Black men to vote.

Most former Confederates wanted no part of this new system. They tried to stop voters from ratifying the new constitutions by dressing up in white sheets as the ghosts of dead southern soldiers, terrorizing Black voters and the white men who were willing to rebuild the South on these new terms to keep them from the polls. They organized as the Ku Klux Klan, saying they were “an institution of chivalry, humanity, mercy, and patriotism” intended “to protect and defend the Constitution of the United States… [and] to aid and assist in the execution of all constitutional laws.” But by this they meant the Constitution before the war and the Thirteenth Amendment: candidates for admission to the Ku Klux Klan had to oppose “Negro equality both social and political” and favor “a white man’s government.”

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