Justice Samuel Alito said Congress has “no authority” to regulate the Supreme Court in an interview with the Wall Street Journal’s opinion section published Friday, pushing back against Democrats’ attempt to mandate stronger ethics rules.
Alito, one of the high court’s leading conservatives, is just one of multiple justices who have come under recent scrutiny for ethics controversies that have fueled the renewed push.
“I know this is a controversial view, but I’m willing to say it,” Alito told the Journal. “No provision in the Constitution gives them the authority to regulate the Supreme Court — period.”
Although the Constitution enables Congress to structure the lower federal courts, it explicitly vests judicial power within a singular Supreme Court.
Alito and some legal observers argue that means Congress can’t prescribe certain regulations for the high court without running afoul of separation of powers issues.
Chief Justice John Roberts has also questioned Congress’s ability to act, but not as definitive as Alito’s new remarks. Many court watchers who disagree with the premise believe that Roberts’ questioning has given fodder to Republican objections.
“I don’t know that any of my colleagues have spoken about it publicly, so I don’t think I should say,” Alito told the paper. “But I think it is something we have all thought about.”
Saturday, July 29, 2023
Supreme Crooks, Cads, And Creeps, Con't
Trump Cards, Con't
The pile-on effect of mounting legal charges against former President Trump may be starting to take a toll, according to the latest NPR/PBS NewsHour/Marist poll.
Republicans and Republican-leaning independents saying they believe Trump has done "nothing wrong" dropped 9 points in the last month, from 50% to 41%.
Trump also dropped 6 points in support with that same group when asked whether they were more likely to support Trump or another candidate, if he continues to run for president.
Still, a solid majority — 58% — continue to say they would support Trump as their standard-bearer, so more polling and time would be necessary to see if this is a trend, if it continues and if it has a real effect on his chances in the GOP primary. He continues to lead the field by wide margins.
At the same time, though, Trump has become increasingly toxic with the political middle, and this survey bears that out. A slim majority — 51% — of respondents overall said they think Trump did something illegal, including 52% of independents.
The findings come as Trump is likely set to face yet another indictment, his third, for his role in the Jan. 6 insurrection, and potentially a fourth in a Georgia election interference case.
Friday, July 28, 2023
Voters Aren't Prosecutors, Folks
Florida Gov. Ron DeSantis said it's up to voters to decide whether former President Donald Trump's legal woes are disqualifying, as Trump faces the possibility of a third criminal indictment.
DeSantis made the comments in an interview Thursday in Iowa with CBS News senior White House and political correspondent Ed O'Keefe, on the same day Trump's attorneys met with federal prosecutors in the special counsel's office in Washington, D.C.
The Florida governor has staked out a middle ground on the topic of Trump's ongoing legal battles, often accusing federal prosecutors of going forward with politically motivated indictments, though he also stops short of defending Trump.
"At the end of the day, voters make that decision," DeSantis told O'Keefe. "Some people to ask me like, 'Well, if somebody's indicted, should they be able to run?' The problem is we've seen political indictments. I mean, I think Bragg was political. You have these other — these people. So, that would just give any prosecutor the ability to — to render someone ineligible. So, I've not said that. But I also think just at the end of the day, the election's got to be about the future."
Orange Meltdown, Con't
Special counsel Jack Smith on Thursday brought additional charges against former President Donald Trump in the case alleging mishandling of classified documents from his time in the White House.
Prosecutors allege in the updated indictment that two Trump employees – Walt Nauta and Carlos De Oliveira – attempted to delete security camera footage at Trump’s Mar-a-Lago resort after the Justice Department issued a subpoena for the footage.
De Oliveira told the director of IT at the resort, “that ‘the boss’ wanted the server deleted,” according to the indictment.
Trump, who is already facing 37 criminal charges, was charged with one additional count of willful retention of national defense information and two additional obstruction counts.
Trump was charged with willfully retaining a top-secret document about possible Iran attack plans, which he discussed with biographers during a taped meeting at Bedminster, New Jersey, in July 2021, according to the indictment.
The indictment says the document was a “presentation concerning military activity in a foreign country” and that Trump “showed” it to the biographers during the meeting.
New charges were also filed against Trump’s aide Nauta, and Mar-a-Lago maintenance worker De Oliveira was also added to the case. De Oliveira, 56, was charged with lying to the FBI about moving boxes with classified documents.
Trump and Nauta were previously charged last month and have pleaded not guilty.
De Oliveira was the maintenance worker who helped Nauta move boxes of classified documents around Mar-a-Lago after the Justice Department first subpoenaed Trump for classified documents last May.
CNN has previously reported that surveillance footage turned over to the Justice Department showed Nauta and De Oliveira, moving document boxes around the resort, including into a storage room just before Trump lawyer Evan Corcoran searched it for classified documents.
While all the journalists were in Prettyman Courthouse in DC, Jack Smith superseded the Florida stolen documents indictment to add Trump employee Carlos De Oliveira — the property manager — to the indictment.
He’s the guy who helped Walt Nauta move boxes around, including loading them to go to Bedminster. Nauta also allegedly asked him to help destroy surveillance footage.
The superseding indictment adds another stolen document count — the Iran document he showed others, which is classified Top Secret — and another obstruction count for attempting to destroy the video footage.
This passage describes how Nauta flew to Florida to attempt to destroy security footage.
This is a key paragraph of the superseding indictment. It shows how Trump uses legal representation to secure loyalty. It’s a fact pattern that crosses both of Trump’s crimes, and may well be in the expected January 6 indictment. It may help to break down the omerta currently protecting Trump.Just over two weeks after the FBI discovered classified documents in the Storage Room and TRUMP’s office, on August 26, 2022, NAUTA called Trump Employee 5 and said words to the effect of, “someone just wants to make sure Carlos is good.” In response, Trump Employee 5 told NAUTA that DE OLIVEIRA was loyal and that DE OLIVEIRA would not do anything to affect his relationship with TRUMP. That same day, at NAUTA’s request, Trump Employee 5 confirmed in a Signal chat group with NAUTA and the PAC Representative that DE OLIVEIRA was loyal. That same day, TRUMP called DE OLIVEIRA and told DE OLIVEIRA that TRUMP would get DE OLIVEIRA an attorney.
Several uncharged Trump employees have been added to the indictment.
The passage above seems to rely on testimony from Trump Employee 5 and the final exploitation of Walt Nauta’s phone.
- Trump Employee 3, who simply passed on the information that Trump wanted to speak to Nauta on the day Trump Organization received a subpoena
- Trump Employee 4, who is the Director of IT who had control of the surveillance footage; according to some reports, he had received a target letter
- Trump Employee 5, who is a valet, but from whom DOJ seems to have firsthand testimony
Thursday, July 27, 2023
Last Call For Climate of Destruction, Con't
A coalition of conservative groups has assembled a plan to systematically target most of the federal government’s work on climate and clean energy.
It proposes a sweeping deconstruction of government programs that goes far beyond what former President Donald Trump attempted to do by targeting “deep state” employees in federal agencies. And it’s designed to be implemented on the first day of a Republican presidency.
Called Project 2025, it would block the expansion of the electrical grid for wind and solar energy; slash funding for the EPA environmental justice office; shutter the Energy Department’s renewable energy offices; prevent states from adopting California’s electric car standards; and give Republican state officials more power to regulate polluting industries.
It was written by hundreds of conservative policy experts, energy lobbyists, industry consultants and former Trump administration officials. If enacted, it could decimate the federal government’s climate work, stymie the clean energy transition and shift agencies toward servicing and nurturing the fossil fuel industry rather than regulating it.
“Project 2025 is not a white paper. We are not tinkering at the edges. We are writing a battle plan, and we are marshaling our forces,” said Paul Dans, director of Project 2025 at the Heritage Foundation. “Never before has the whole conservative movement banded together to systematically prepare to take power day one and deconstruct the administrative state.”
The comprehensive plan — which runs 920 pages and covers virtually all operations of the federal government, not just energy and climate programs — was compiled by the Heritage Foundation as a road map for the first 180 days of the next GOP administration.
Its details were crafted by more than 400 people, including former Trump officials who could earn top spots in his next administration, if he is reelected.
Republican primary candidates all pledged to go after President Joe Biden’s signature piece of climate legislation, the Inflation Reduction Act. Biden’s climate executive orders would also likely be rolled back the day he leaves office.
But the ideas laid out in Project 2025 show that conservative organizations want to move federal agencies away from public health protections and environmental regulations in order to help the industries they have been tasked with overseeing, said Andrew Rosenberg, a senior NOAA official in the Clinton administration and a senior fellow at the University of New Hampshire’s Carsey School of Public Policy.
“What this does is it basically undermines not only society but the economic capacity of the country at the same time as it’s doing gross violence to the environment,” Rosenberg said.
The Turtle's Long Road
Senate Minority Leader Mitch McConnell tripped and fell disembarking from a plane at Ronald Reagan Washington National Airport this month, two sources familiar with the incident said.
McConnell, 81, was not seriously hurt, and he was seen later that day at the Capitol, where he interacted with at least one reporter.
The fall, which has not been previously reported, occurred July 14 after the flight out of Washington was canceled while everyone was on board. McConnell, R-Ky., who was a passenger, had a “face plant,” someone who was on the plane at the time but did not witness the fall told NBC News. That passenger also said they spoke to another passenger who helped tend to McConnell.
McConnell has also recently been using a wheelchair as a precaution when he navigates crowded airports, said a source familiar with his practices.
McConnell, a polio survivor who has long struggled to navigate stairs and other obstacles, has had a difficult recent history with falls. He sustained a concussion and a cracked rib in a fall in Washington this year, and he spent six weeks away from the Senate. He fractured a shoulder in a fall in Kentucky in 2019, requiring surgery.
McConnell’s nearly 20-second freeze during a news conference Wednesday renewed concerns about his overall health after the concussion.
“He’s definitely slower with his gait,” said a Republican senator who spoke on the condition of anonymity because of the sensitivity of the issue. In closed-door GOP meetings, “he doesn’t address it,” the senator said, referring to health issues.
McConnell’s office declined to comment for this article Wednesday night.
McConnell, who told reporters he was “fine” after his freeze-up Wednesday, spoke with President Joe Biden and House Speaker Kevin McCarthy after the incident.
“The president called to check on me. I told him I got sandbagged,” McConnell joked to reporters, an apparent reference to Biden’s fall last month.
Ridin' With Biden, Con't
O’Malley, a Democrat, will require Senate confirmation to take over at the agency, which oversees a $1 trillion budget and is responsible for distributing benefits to older adults and disabled people.
The Social Security Administration has been run by acting Commissioner Kilolo Kijakazi since President Joe Biden fired then-Commissioner Andrew Saul, a Trump holdover, in 2021. Saul’s ouster set off a partisan backlash, with members of each party accusing the other of politicizing the independent federal agency. Saul, who refused to resign, was just two years into a six-year term.
Beyond political infighting, O’Malley will also have to reckon with questions around the long-term financing of the Social Security Administration. Funds for its key social safety nets programs are expected to be depleted by 2035, mainly due to the country’s aging populating. Congress has struggled to agree on a fix.
O’Malley served as governor of Maryland from 2007 to 2015, and was the mayor of Baltimore before that.
Biden said in a statement that those experiences made him a strong pick for the job.
“Governor O’Malley is a lifelong public servant who has spent his career making government more accessible and transparent, while keeping the American people at the heart of his work,” Biden said.
Democrats in Congress also welcomed his nomination.
“Governor Martin O’Malley’s commitment to expanding and protecting Americans’ earned benefits as well as his record of public service will not only safeguard the future of Social Security but also modernize the agency and value its dedicated workforce,” Rep. Richard Neal (D-Mass.), ranking member of the House Ways and Means Committee, said in a statement.
A trade group that has opposed Julie Su’s nomination to lead the Labor Department is demanding the Biden administration refrain from issuing a high-profile rule on gig workers until a Senate-confirmed secretary heads the department.
Flex, the trade group for app-based companies including DoorDash, GrubHub, Lyft and Uber, argued in a letter on Monday that any rules and regulations issued while Su is acting secretary don’t have political legitimacy or constitutional authority.
It’s an early hint at the challenges likely to be raised to the legitimacy of Su’s tenure as she serves as an indefinite acting secretary. And it echoes Republican arguments that any regulations issued by the Labor Department without a Senate-confirmed secretary in place could be subject to legal challenge.
“Any action taken to finalize the proposed worker classification regulation under Ms. Su’s current leadership as Acting Secretary would circumvent the Senate’s constitutional role of providing advice and consent on nominees,” Flex CEO Kristin Sharp said in the letter addressed to President Joe Biden. It mirrored language others have used to forecast legal challenges to Su’s regulations. “The Department should not finalize its worker classification proposal before having a permanent Secretary.”
Though it is publicly encouraging senators to support the nomination, the Biden administration has determined that Su doesn’t currently have enough votes to be confirmed in the Senate. The president plans to keep her in the role as acting secretary.
Wednesday, July 26, 2023
Last Call For Hunting The Hunter, Con't
All of a sudden, Hunter Biden's plea deal is coming apart at the seams.
A proposed plea deal for Hunter Biden was on the brink of falling apart Wednesday, when the two sides could not agree on whether admitting to two tax crimes would immunize the president’s son from possible additional charges.
U.S. District Court Judge Maryellen Noreika pressed federal prosecutors and Biden’s lawyers to come to some “meeting of the minds.” But that appeared unlikely, as the two sides said they did not see eye to eye about the precise terms of their own plea agreement.
At one point in the hearing, Biden’s lawyer declared there was no deal — meaning that a long-running criminal investigation that Republicans have used to accuse both the president and his son of corruption might lead to a trial after all.
“As far as I’m concerned, the plea agreement is null and void,” Biden lawyer Chris Clark said.
The confusion over what, exactly, Biden would get or not get by pleading guilty stems in part from the unusual way his plea deal was structured — with a guilty plea to two tax misdemeanors and a diversion program, not a guilty plea, for an illegal gun possession charge.
That arrangement allowed Biden to admit the facts of the gun case without technically pleading guilty to the charge. It also created a bifurcated deal in which the assurances Biden wants that he won’t be pursued for other tax or foreign lobbying charges were not part of the tax case, but part of the gun diversion agreement, lawyers said in court.
Deals to plead guilty can sometimes fall apart under closer scrutiny from a federal judge, but even when that happens, the two sides often find a way to eventually resolve the issue and enter a deal acceptable to the court.
On Wednesday, the judge urged the prosecutors and defense lawyers to spend some more time talking, in the hopes that the guilty plea hearing might be salvaged. As the two sides spoke to each other, it became more clear how far apart they were.
“I don’t know what you’re trying to accomplish by blowing this up,” Clark told prosecutors. One of those prosecutors, Leo Wise, pointed to papers related to the case and said he was bound by the terms in them.
Clark shot back: “Then we misunderstood, we’re ripping it up.”
At the start of Wednesday’s hearing, Biden said he was prepared to enter the plea, which according to the deal he struck in June meant he would likely stay out of jail if he stays drug-free for two years.
Then Noreika asked whether he would still enter the plea if it was possible additional charges might be filed against him in the future. When Biden answered no, he would not, the judge ordered a break in the proceeding.
Climate Of Destruction, Con't
The water temperature around the tip of Florida has hit triple digits — hot tub levels — two days in a row. Meteorologists say it could be the hottest seawater ever measured, although some questions about the reading remain.
“That is a potential record,” Rizzuto said.
Scientists are already seeing devastating effects from prolonged hot water surrounding Florida — coral bleaching and even the death of some corals in what had been one of the Florida Keys’ most resilient reefs. Climate change has set temperature records across the globe this month.
The warmer water is also fuel for hurricanes.
Scientists were careful to say there is some uncertainty with the reading. But the buoy at Manatee Bay hit 101.1 degrees Fahrenheit (38.4 degrees Celsius) Monday evening, according to National Weather Service meteorologist George Rizzuto. The night before, that buoy showed an online reading of 100.2 F (37.9 C).
“This is a hot tub. I like my hot tub around 100, 101, (37.8, 38.3 C). That’s what was recorded yesterday,” said Yale Climate Connections meteorologist Jeff Masters.
If verified, the Monday reading would be nearly 1.5 degrees Fahrenheit higher than what is regarded as the prior record, set in the waters off Kuwait three summers ago, 99.7 degrees Fahrenheit (37.6 degrees Celsius).
“We’ve never seen a record-breaking event like this before,” Masters said.
The consequences for sea corals are serious. NOAA researcher Andrew Ibarra, who took his kayak out to the area, “found that the entire reef was bleached out. Every single coral colony was exhibiting some form of paling, partial bleaching or full out bleaching.”
Some coral even had died, he said. This comes on top of bleaching seen last week by the University of Miami, when NOAA increased the alert level for coral earlier this month.
A vital system of ocean currents could collapse within a few decades if the world continues to pump out planet-heating pollution, scientists are warning – an event that would be catastrophic for global weather and “affect every person on the planet.”
A new study published Tuesday in the journal Nature, found that the Atlantic Meridional Overturning Current – of which the Gulf Stream is a part – could collapse around the middle of the century, or even as early as 2025.
Scientists uninvolved with this study told CNN the exact tipping point for the critical system is uncertain, and that measurements of the currents have so far showed little trend or change. But they agreed these results are alarming and provide new evidence that the tipping point could occur sooner than previously thought.
The AMOC is a complex tangle of currents that works like a giant global conveyor belt. It transports warm water from the tropics toward the North Atlantic, where the water cools, becomes saltier and sinks deep into the ocean, before spreading southwards.
It plays a crucial role in the climate system, helping regulate global weather patterns. Its collapse would have enormous implications, including much more extreme winters and sea level rises affecting parts of Europe and the US, and a shifting of the monsoon in the tropics.
The Brown And The Union Crown
We'll of course see if the rank and file UPS employees sign on to the deal. It looks like a pretty good one. I know being a driver is a hard job. I applied for it some 20 years ago and they told me no.
United Parcel Service announced Tuesday that it had reached a tentative deal on a five-year contract with the union representing more than 325,000 of its U.S. workers, a key step in averting a potential strike.
The union, the International Brotherhood of Teamsters, reported in June that its UPS members had voted to authorize a walkout after the expiration of the current agreement on Aug. 1, with 97 percent of those who took part in the vote endorsing the move.
UPS handles about one-quarter of the tens of millions of packages that are shipped daily in the United States, and the strike prospect has threatened to dent economic activity, particularly the e-commerce industry.
Representatives from more than 150 Teamster locals will meet on Monday to review the agreement, and rank-and-file members will vote on it from Aug. 3 to Aug. 22, according to the union.
Negotiations had broken down in early July, largely over the issue of part-time pay, before resuming Tuesday morning.
“We demanded the best contract in the history of UPS, and we got it,” the Teamsters president, Sean M. O’Brien, said in a statement. “UPS has put $30 billion in new money on the table as a direct result of these negotiations.”
The company said it could not comment on the dollar value of the deal ahead of its second-quarter earnings call in early August.
The Teamsters said that under the tentative agreement, current full- and part-time UPS employees represented by the union would receive a $2.75-an-hour raise this year, and $7.50 an hour in raises over the course of the contract.
The minimum pay for part-timers will rise to $21 an hour — far above the current minimum starting pay of $16.20 — and the top rate for full-time delivery drivers will rise to $49 an hour. Full-time drivers currently make $42 an hour on average after four years.
The company has also pledged to create 7,500 new full-time union jobs and to fill 22,500 open positions, for which part-time workers will be eligible. The company has said that part-time workers are essential to navigating bursts of activity over the course of a day and during busy months, and that many part-timers graduate to full-time jobs.
“Together we reached a win-win-win agreement on the issues that are important to Teamsters leadership, our employees and to UPS and our customers,” Carol Tomé, the company’s chief executive, said in a statement. “This agreement continues to reward UPS’s full- and part-time employees with industry-leading pay and benefits while retaining the flexibility we need to stay competitive.”
The union had cited the company’s strong pandemic-era performance, with net adjusted income up more than 70 percent last year from 2019, as a reason that workers deserved substantial raises.
It had especially emphasized the need to improve pay for part-timers, who account for more than half the U.S. employees represented by the Teamsters, and who the union said earn “near-minimum wage” in many areas.
The path to the agreement appeared to be paved weeks ago after the two sides resolved what was arguably their most contentious issue, a new class of worker created under the previous contract.
Tuesday, July 25, 2023
Last Call For An Education In Fascism
Joy Alonzo, a respected opioid expert, was in a panic.
The Texas A&M University professor had just returned home from giving a routine lecture on the opioid crisis at the University of Texas Medical Branch when she learned a student had accused her of disparaging Lt. Gov. Dan Patrick during the talk.
In the few hours it took to drive from Galveston, the complaint had made its way to her supervisors, and Alonzo’s job was suddenly at risk.
“I am in a ton of trouble. Please call me!” she wrote to Chandler Self, the UTMB professor who invited her to speak.
Alonzo was right to be afraid. Not only were her supervisors involved, but so was Chancellor John Sharp, a former state comptroller who now holds the highest-ranking position in the Texas A&M University System, which includes 11 public universities and 153,000 students. And Sharp was communicating directly with the lieutenant governor’s office about the incident, promising swift action.
Less than two hours after the lecture ended, Patrick’s chief of staff had sent Sharp a link to Alonzo’s professional bio.
Shortly after, Sharp sent a text directly to the lieutenant governor: “Joy Alonzo has been placed on administrative leave pending investigation re firing her. shud [sic] be finished by end of week.”
The text message was signed “jsharp.”
Where On Earth Is Qin Gang?
China’s foreign minister Qin Gang was dramatically ousted on Tuesday after a prolonged absence from public view and replaced by his predecessor in a surprising and highly unusual shake-up of the country’s foreign policy leadership.
The sudden move, approved by the top decision-making body of China’s rubber-stamp parliament, comes as mystery has swirled around the fate of Qin, who has not been seen in public for a month.
Qin, 57, a career diplomat and trusted aide of Chinese leader Xi Jinping, had only been appointed foreign minister in December after serving as China’s ambassador to Washington.
No reason has yet been given for Qin’s departure but his predecessor Wang Yi will now step back into the role, authorities confirmed.
Wang, who was foreign minister from 2013 to 2022, now serves as director of the foreign affairs arm of the ruling Communist Party, a position which makes him China’s top diplomat.
The appointment of the new foreign minister occurred during a meeting of the China’s National People’s Congress Standing Committee meeting on Tuesday. The meeting was abruptly announced on Monday in a deviation from usual precedent.
The sudden move comes in the middle of a busy and important diplomatic period for China following its emergence from its pandemic isolation earlier this year and as Beijing tries to mend strained relationships with international partners.
The high-profile diplomat has not been seen in public since June 25, after he met with officials from Sri Lanka, Vietnam and Russia in Beijing.
In his last public appearance, a smiling Qin was seen walking side by side with Russian Deputy Foreign Minister Andrey Rudenko, who flew to Beijing to meet with Chinese officials after a short-lived insurrection by the Wagner mercenary group in Russia.
The House GOP Circus Of The Damned, Con't
House Speaker Kevin McCarthy (R-Calif.) said that he expects the House GOP’s investigations into the foreign business activities of President Biden’s family to rise to the level of an impeachment inquiry
“When Biden was running for office, he told the public he has never talked about business. He said his family has never received a dollar from China, which we prove is not true,” McCarthy told Fox News host Sean Hannity on Monday night, referencing Biden’s previous statements that he did not talk to his son Hunter Biden about his foreign business activities.
McCarthy also mentioned two IRS whistleblowers who alleged that prosecutors slow-walked an investigation into Hunter Biden tax crimes, and House GOP investigations finding that millions of foreign funds traveled through shell companies to Biden family members and associates.
“We’ve only followed where the information has taken us. But Hannity, this is rising to the level of impeachment inquiry, which provides Congress the strongest power to get the rest of the knowledge and information needed,” McCarthy told Fox News host Sean Hannity on Monday night.
“Because this president has also used something we have not seen since Richard Nixon: Use the weaponization of government to benefit his family and deny Congress the ability to have the oversight,” McCarthy said.
Monday, July 24, 2023
Last Call For The GOP's Race To The Bottom, Con't
Alabama Gov. Kay Ivey, a Republican, seemed to defend the legislature’s insolence in the face of the federal courts’ orders when it approved the new map Friday.
“The Legislature knows our state, our people and our districts better than the federal courts or activist groups,” she said in a statement.
CNN’s Dianne Gallagher noted in her report that the old congressional map was invalidated by a three-judge federal district court panel that included two judges nominated to the bench by former President Donald Trump.
They concluded the plan by which Alabamians selected their congressional delegation in 2022 likely violated the Voting Rights Act because Black voters have “less opportunity than other Alabamians to elect candidates of their choice to Congress.”
Before the 2022 midterm election, the US Supreme Court had tabled action on Alabama’s map, which helped Republicans win the barely there four-seat House majority they currently hold.
Gallagher and CNN’s Tierney Sneed wrote last month that the Allen v. Milligan decision could have consequences for other states and reignite a series of lawsuits in multiple states.
“Outright defiance of the Supreme Court’s order,” is how Janai Nelson, president of the NAACP Legal Defense Fund, described the new map to CNN’s Dana Bash Monday.
In this moment, it is up to our federal courts to protect Black voters and also to protect their own authority here,” she later added.
The background here is that Alabama’s population is about 27% Black, but the Black population in the state is focused on a number of counties that are overwhelmingly African American – an area known as the state’s Black Belt, although it is named for the area’s fertile soil. The interest of giving the voters of the Black Belt, many of whom are Black, representation in Congress, is all over the Supreme Court’s decision.
Coincidentally, earlier this year, President Joe Biden named Alabama’s Black Belt, site of many key moments in the Civil Rights Movement, as a National Heritage Area.
o Nelson, the math suggests that since Black Alabamians represent about a quarter of the state’s population, they should get representation from more than one of the seven lawmakers representing Alabama in Congress.
But the issue is larger than simple math since Alabama, both historically and currently, is marked by polarized voting conditions.
“This is a mandate by civil rights laws to make sure that there’s fairness in our systems, that Black voters and other voters who have been historically discriminated against have an opportunity to have representatives who will speak to their interests and give voice to their concerns,” she said.
Beshear Audacity Of It All
Kentucky Gov. Andy Beshear — a Democrat running for re-election this year in a deep-red state — remains among America’s most popular governors ahead of the November contest. His approval rating among GOP voters is stronger than any other Democratic governor, resisting drag from President Joe Biden’s poor standing in the Bluegrass State and setting up a formidable challenge for Republicans hoping to unseat him.
The other incumbent governor up for re-election this fall, Republican Tate Reeves of Mississippi, is among the country’s least popular, according to our latest quarterly data. His state’s partisan bent and the power of incumbency are likely to be enough to push him across the finish line in November, though strengthened antipathy from the state’s large share of Black voters could make him sweat.
A strong 64% majority of Kentucky voters approve of Beshear’s job performance, while 32% disapprove, according to our second quarter surveys conducted April 1-June 30. This marks Beshear’s highest approval rating since Biden took office in January 2021.
Along with receiving solid marks from Kentucky Democrats and independents, Beshear wins approval from roughly half of the state’s Republicans, making him the country’s most popular Democratic governor with GOP voters.
Even with his father’s esteemed name in state politics, Beshear’s current standing is remarkable given Kentucky’s partisan bent. While he defeated Republican Gov. Matt Bevin in 2019 by a razor-thin margin due largely to the incumbent’s deep unpopularity, Trump would go on to win the state by 26 percentage points in 2020.
Despite that wide presidential margin, Cook Political Report and Sabato’s Crystal Ball have rated the race as leaning Democratic, with Cook citing Beshear’s approval rating in Morning Consult surveys, buoyed by his handling of natural disasters and Kentucky’s economic performance. (Another race-rater, Inside Elections, currently sees the contest as a toss-up.)
Beshear is entering the heat of the campaign with strong popularity despite voters’ deep dislike of Biden in his state. Kentucky voters are 37 points more likely to disapprove than approve of Biden’s job performance (30% to 67%). But to Beshear’s credit, even those who dislike the president more often than not give the governor positive marks.