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America has amnesia. They have forgotten how horrific the first year of TFG was. And they have already forgotten the enormous accomplishments of President Biden. They have forgotten that starting moments after Joe was sworn in, he set about reversing the destruction caused by TFG.

Imagine becoming the CEO of a restaurant company that the former boss had run like a mobster. The food second rate, the kitchens filthy, the staff rude and undisciplined, sales tanking because the menu was so bad, competitors suing for libel and creditors knocking on the door threatening foreclosure. How little understanding we have of the unimaginable mess this administration inherited at home and across the world. I would love our President if he simply repaired the damage. But he has done so much more and I am again proud to be an American.

Biden signed an infrastructure bill that is epic in scale. Biden ended a stupid 20 year war. Biden rejoined NATO, rejoined the Climate Accord. Those accomplishments alone makes him in an historical sense one our greatest presidents - dwarfing at least the 3 most recent occupants of the WH.

And his polling is low? Good grief, I guess Americans were expecting a man with a magic wand and the ability to hypnotize the GQP who are only committed to "ruling or ruining" (credit Rep Swalwell).

https://www.federalregister.gov/presidential-documents/executive-orders/joe-biden/2021

https://capaction.medium.com/what-has-joe-done-for-me-lately-biden-administration-accomplishments-98c71f9ce2d8

https://ncpolicywatch.com/2021/11/09/president-bidens-remarkable-record-of-accomplishment-under-nearly-impossible-circumstances/

https://www.newsweek.com/achievements-joe-biden-2021-no-one-talking-about-jobs-pay-economy-climate-1662595

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Bill, totally agree. I stopped listening to polls after Trump was elected...

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Yes, I stopped listening to polls as well, since so many of them were way off base.

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I don't believe in polls. They are the stuff of headlines, fabricated out of whole cloth to make news. Who among us has ever been polled? Know anyone who has? Me neither. They are about as reliable as my predicting the future based upon today's weather.

That said, I'm going to make a prediction that flows from today's preoccupation with the SCOTUS. When the six Catholic members of that body overturn Roe v Wade and continue to tank anything that comes their way on the subject of voter rights, if there's ANY "apathy" in this country after that, it will be a distant memory come November 2022. What pollsters don't seem to know is the existence of a massive grassroots effort going on behind the scenes all over this country - phone banks, voter registration efforts, fund raising efforts, etc. Sure the MAGA rabble is loud and nasty and gets a lot of media play, but their numbers are dying from Covid and old age. They're like a baby's rattle with a hole in the side - it gets shaken a lot and makes a lot of noise, but the innards are falling out and one day, it will make no sound at all.

I hope.

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Agree. I once was a catholic per mama and the Italian side. So I know how suppressive they are. Catholic school until 7th grade then they expelled me thank God. Pun intended.

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You just made my day. Thanks.

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I often reflect on this quote from Mahatma Gandhi that I keep on the wall of my home office where it confronts and comforts me daily:

“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it--always.”

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Love Robert's closing inspiration on the antidote to demotivating commentary: "...we can’t motivate people to try if we are telling them all the ways we can lose. It is always the case that there are a thousand paths to defeat and one path to victory. Let’s not lament that fixed feature of the universe but get on with the hard work of defending democracy."

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Let's REALLY try, so we don't have to go down swinging! So democracy & Democrats can prevail!! Let's spread our enthusiasm and energy, inspired and encouraged as we are by Robert!

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I agree! I hope my newsletter did not suggest otherwise.

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Not at all! It's what your newsletter ALWAYS suggests!!!

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To begin with, the Commerce Department just announced that the economy grew by 1.7% in the fourth quarter of 2021, or 6.9% for the year, the fastest rate since 1984. Let’s trumpet that!

As for the enthusiasm gap, let’s show that Republicans may be more enthusiastic, but we are more determined. (I am dubious about those poll numbers.).

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Agree. How about being ecstatis about the economic growth instead of presenting it with an Eyore voice of its better but we are doomed. Attitude, folks, attitude.

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Already, the WSJ is quoted as asserting that the economy has lost momentum due to Omicron and supply problems.

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Yes; i have seen headlines that say, in effect, "Big growth, but Omicron causes worry." It is a good thing that these headline writers were not in charge of the U.S. military in WWII. They would have surrendered after Pearl Harbor . . . .

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Todays edition was very badly needed because I agree that many of us are sometimes overwhelmed by the negative media coverage of the Biden Administration and frankly some less than stellar performances and actions. The Biden Administration I think represents closely the personality and character of Joe Biden and the version I think more voters want to see is the feisty “ I have had it “ Joe and a more pragmatic and simpler role of government helping average everyday Americans. It’s time for ALL of us to pivot.

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If the "disputes" mentioned in the Eastman memo are the multiple specious suits filed by various Trumpista lawyers regarding election fraud doesn't the existence of alternate lists of electors provide prima facie evidence of conspiracy?

Your closing point is outstanding and essential. A positive approach to change and the effort to achieve it are a partial antidote to Covid exhaustion too.

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Robert just saw a note from the editor on the top of the Time article you referred to.

“Editor’s Note: The original version of this story incorrectly stated that Republicans could use Senate rules to block a Biden Supreme Court nomination. It was based on the author’s incorrect analysis of a May 13, 2021, Congressional Research Service report. The Senate will require a majority of votes to approve Justice Stephen Breyer’s replacement, not 60 votes.“

So do we have a clear path forward to get a Biden nomination through in a timely manner without being bullied?

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Hi, Vivian. Thanks! I will note that clarification, which is HUGE. I am glad I said that I was relying on the article in Time for an explanation of Senate parliamentary procedure. Here is what the CRS report says; it is difficult to see how the author could have misinterpreted the language of the report:

Several reinterpretations of Senate Rule XXII have altered the cloture process on nominations, making the process for nominations different from the process for legislation. On November 21, 2013, the Senate reinterpreted Rule XXII to allow cloture to be invoked on any nominations, except those to the Supreme Court, by a majority of Senators voting, instead of by three-fifths of the Senate. On April 6, 2017, the Senate voted to extend this reinterpretation to allow cloture to be invoked by a majority on nominations to the Supreme Court as well

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Will the youth of America wake up to the risk of the loss of democracy in America financed by conservative right-winged libertarian DARK money (De Vos, Koch, Donor's Trust, the backers of the Landmark Legal Foundation, and their ilk) starting after Brown v Board of Education: the rightwing has been investing in State Legislative elections and State Judgeships and then accelerating into Federal Elections with impunity after the Supreme Court's Roberts decision in Citizens United,

Do we not fight for free speech, personal privacy rights and civil rights for all?

I hope that the youth and college students understand what is happening in America, will register to vote, volunteer at their registrars of voters to help with elections, help to lead the fight for universal vote by mail rights and same day registration as well as safe voting and counting of the vote.

Certainly their elected representatives aren't representing the rights of its citizens but protecting big business and the rights of the wealthy.

Even Chief Justice Roberts has noted that it is up to CONGRESS to act under Article 1.4 to set the times, places and manner of voting or else the Supreme Court will not disturb the actions of partisan state legislatures even if the action is to unfairly gerrymander in order to ensure that these same legislatures elect themselves (see Rucho v Common Cause). Kagan's blistering minority opinion is of course the right decision but CONGRESS has the power to protect the rights of voters.

We need to join MLK III and other leaders and speak out against the failure to act by too many elected officials.

DANGER INVITES A RESCUE: it won't be the Supreme Court BUT perhaps it will be those 18-30 year olds . We can only hope.

Let's hope that the young people's addiction to computers has not blinded them to being part of the greater community and the need for action.

What do you think, Mr. Hubbell.

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Hi, Alice. I agree with your sentiments above, completely. Many of us are fighting for our children and grandchildren. But we will be timed-out eventually. We must engage and motivate our successors now, so that they can join the struggle to preserve democracy as our equals. If they wait around for others to do it for them, it may require another generational struggle to make up lost ground.

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Here are a few organizations involving young people supporting democracy:

https://andrewgoodman.org/

https://theblue.institute/?fbclid=IwAR1JokXrkBTyOL8sNAFCqaERurlYcKIwkjubjeBRUXte8zp-YagYHbDxSn0

https://slsvcoalition.org/

Identity-related grassroots organizations, e.g. LGBTQ, Native American, BIPOC, also tend to be younger people.

Last but not least, young people and the TikTok crew came through big time with their social media skills to spark a campaign to flood Virginia Gov. Youngkin's new CRT tip line:

https://twitter.com/VATeenDems/status/1486025543363530758?s=20

https://twitter.com/Out5p0ken/status/1486173242838638598?s=20

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No need to let them have all the fun. I wanna leave a tip.

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So I left my tip: “Governor, I live in Richmond and I want to thank you for being our governor and I think the confederacy needs to rise again and save the South and git the (you know the word) back on the plantation.”

“Y’all come over for some lemonade, ya hear?”

But point of fact, that tip line was only activated to collect data to be used for future political purposes. No one is reading it. Some day in the future, I will receive a request to donate to the re-election campaign. So don’t do what I just did. It’s only data collection. I should know better.

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Hi, Bill. Thanks for sharing the information about the data collection purpose of the tip line. The fact that it is designed to identify potential donors to Youngkin only makes the entire operation more cynical and depraved.

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Excellent point about the tip line data collection.

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UNEQUAL IMPACT from VoteRiders.org by the way in Ohio student IDs are NOT allowed .So will these tiktok kids make sure that they are able to reach the voting booth by getting information out to all their friends and links? I can only hope. They didn't vote sufficiently to protect Virginia in November. I don't know how many of them didn't vote or didn't vote down the ticket but I am guessing that their words count but do they prepare themselves so that they can and do vote?

Source: VoteRiders.org

"Voter ID laws present a challenge for millions of eligible voters. But they impact some Americans more than others. A Brennan Center survey of US citizens found significant disparities between who has current, government-issued photo ID.

11% of voting-age citizens – more than 25 million individuals by current census figures – do not have current (unexpired) government-issued photo identification.

25% of Black Americans (1 in four!) voting-age citizens do not have current government-issued photo ID compared to eight percent of white voting-age citizens. Using current census figures, there are about 7,750,000 adult Black citizens without photo identification.

18% of American citizens age 65 and above do not have a current government-issued photo ID. Using current census estimates, this amounts to about 7,250,000 senior citizens.

18% of citizens aged 18-24 do not have photo ID with current address and name. Using current census tallies, about 5,500,000 young adult citizens are in jeopardy of not being able to vote.

Voter ID laws also disproportionately impact women. Because most married women change their name, they may still have their maiden name on their driver’s license or voter registration.

The Brennan Center survey found that 48% of voting-age women don’t have easy access to their birth certificates with their current legal name.

Based on current census data, the only available proof-of-citizenship documents possessed by almost 37 million voting-age women do not reflect their current name."

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Yes, these statistics underline how much work we and grassroots organizations have to do. League of Women Voters does civic education in high schools and voter registration.

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Remember when you said outrage was exhausting? Maybe we are overstating the enthusiasm gap. My GOP friends are exhausted, hardly watching Fox anymore. They are not energized.

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Hi, Barbara. Thanks for that data point. It is hard to know if the NBC/WSJ poll is accurate, but I am puzzled by the absence of mass demonstrations. Abortion is now illegal in six states, despite the existence of a binding US Supreme Court precedent saying that there is a constitutional right to choice. Florida is about to stigmatize LGBTQ people by forbidding a discussion of their existence. I understand exhaustion, but these are monumental assaults on democracy. A bigger response seems appropriate.

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Accuracy of the WSJ poll is questionable. After all, the WSJ is a division of Dow Jones, which is currently owned by Rupert Murdoch's News Corp. So "news" is also questionable when it comes to Murdoch's empire.

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Here is the link to Nina Tottenberg's great article on Justice Breyer: https://www.npr.org/2022/01/26/1075781724/justice-stephen-breyer-supreme-court-retires

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Robert, I really appreciate you and your family, and so look forward to this being my first read of the day. For the first time as a regular reader though, I didn't have my optimistic view after reading. I was jumping for joy yesterday reflecting on the fact that the first African-American woman will be nominated for the SCOTUS! In addition to Biden keeping his promise, this is an historic moment and there is a list of amazing potential nominees. This fired me up and hopefully much of the base! Reading about the potential shenanigan's of the GOP is a downer from this moment of celebration. Yes, it will not change the make up of the court, but at a time of open racism, this moment is one of joy for me. Let the white Senate publicly prevent this nomination from going through. I can see the ads now. I do appreciate the links to articles about Justice Breyer and I agree that his legacy should be celebrated.

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Thanks as always Robert. I tried to do some digging and found that the Judiciary Committee can advance judges with an 11-11 vote,

https://www.judiciary.senate.gov/press/dem/releases/judiciary-committee-advances-nominations-of-two-circuit-court-judges-ten-district-court-judges-and-four-us-attorneys.

If this is the case why would that not be true for Supreme Court nominees, and if so, do we need one Republican on the committee to vote for Biden's nominee. I'm not sure, but would love clarification. Thank you

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Hi, Lily. You are correct. Thanks for doing the legwork. The Senate power sharing agreement explicitly provides that a nomination can proceed to the floor despite an 11-11 tie in the Committee. At that point, per a Congressional Research Service Report, the following applies:

Several reinterpretations of Senate Rule XXII have altered the cloture process on nominations, making the process for nominations different from the process for legislation. On November 21, 2013, the Senate reinterpreted Rule XXII to allow cloture to be invoked on any nominations, except those to the Supreme Court, by a majority of Senators voting, instead of by three-fifths of the Senate. On April 6, 2017, the Senate voted to extend this reinterpretation to allow cloture to be invoked by a majority on nominations to the Supreme Court as well

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Senator Amy K discussed getting the nomination out of the Judiciary Committee as the first problem. I believe that 1 Republican has to accept the nomination.

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Your daily urging to “do the work” coupled with specific suggestions on how and where to best apply our efforts is, for me and I know many others, essential daily reading.

For those who may have been inspired by the poet, Amanda Gorman, and her moving poem at Biden’s inauguration, I suggest reading her recent Guest Essay published in The NY Times:

https://www.nytimes.com/2022/01/20/opinion/amanda-gorman-poem-inauguration.html?unlocked_article_code=AAAAAAAAAAAAAAAACEIPuonUktbfqYhkSVUZAybSRdkhrxqAwvHKybowjzrxKzKQQDAH1-MYBs2B_U7Qard5bscy2DLdRMNENPVnYs1O-dJlHh4nTRi08NzDkY4ZIi4xpMXqBG8_0cuQDPUzqGCwKzTkJe06zefjsVeIbzXtWfOLgnIncAh1sNAyIwHRrH8Jw6zEF-Rz3cAvnqtyQ8AnGkpTIXWCrPLqCB5hOd2ZbR666wE-We9RWzq7jsfLovtbM10UUQSaOSs5tWUs69pcO8cVP7L9J3MieMn_h7YQCA94PVT29QJFl2_n1p0gLSAkszw&referringSource=articleShare

(apologies for the long link but it should allow non-subscribers access)

She also suggests why our continued Sisyphean efforts are so important.

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When I was in high school, I remember a guidance counselor once trying to explain to me the bad direction this country was heading. It was the dawn of the 1970s and youth were rebelling against the war and the complacency of the previous generation to accept societal missteps. She then went on to suggest conspiracy theories and a newer group trying to combat the communist threats from within because in her mind, it was all about communist subversion. She explained that the John Birch Society had put out some really great literature that I should read. Oh my, I soon learned that the woman was a ding bat of the highest sort. Today, like-minded dingbats are running some state governments. But I don’t stop expressing myself in the face of ignorance because to do so would be to surrender who I am. I write, I give modestly to grassroots efforts along with offering advice that likely is not headed because there exists in the human mind a sense with those in leadership roles that they know best but often fall short of their objectives. Go figure.

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Yes, dingbat of the highest order. That is an apt description of my father’s mother, who was a John Bircher. When she would spout some Birch propaganda, my dad would ask her where she got such crazy ideas. He often told her what crazy lies the Birch material was. It didn’t change her mind.

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Lol

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I have no knowledge of Glenn Youngkin’s business expertise, but but business experience does not necessarily translate into leadership or the ability to govern. Trump’s only skill is self-promotion. Even before becoming President, he had something to say about nearly everything in the news. Who should care about the opinions of a loud mouth, buffoonish reality TV personality? As far as business success, how could he be characterized as a good businessman, when he had 6 business bankruptcies on his record? We saw how he could govern, or not! Youngkin is not off to a good start. His time as governor does not bode well for Virginia.

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I am suspicious of the ‘truthiness’ of polls—all polls! Lies, damn lies, and statistics. I am one person and I have one vote. I have never persuaded anyone to vote differently from the way their inclinations direct them. I am going to exercise my right to vote to change things, drive folks to the polls, and if that isn’t good enough, I beg all to forgive me. Robert, you are the best. The Youngkins shall not prevail.

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Have you ever been called for a "poll"? I don't know about you, but I, and others, don't even answer the phone if we don't recognize the caller.

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After watching polls so closely the last couple years, they baffle me. I’ve never once been called or emailed to take a poll unless it is a democratically specific one to the party. Are they just calling people in the Midwest or swing states? Just red states? It feels far too weighted to one area or one type of voter to represent a view of the country. I just don’t believe democrats are less enthusiastic for the midterms. With all you’ve said is going on it’s hard to imagine everyone giving up, but at the same time, the press keeps telling everyone it’s already a loss so it feels like why bother? It’s the same message the GQP gave to their voters in Georgia and probably why they lost. They heard “vote’s rigged, foregone conclusion!” and shrugged and thought why bother voting? Dems have got to start coming out fighting. Enough settling and accepting. R’s dont. Granted they’ve decided they will lie, cheat and steal to keep their jobs, but the Dems have got to play fire with (legal, respectable) fire.

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