Speaker Johnson and his MAGA cohorts are clearly in thrall to Donald Trump, who, in turn, is in thrall to Putin. Johnson has not done a very good job of concealing the fact that his preferred outcome is no aid for Ukraine and no solution for border issues, so that MAGA types can make political hay during election season. I would of course be pleased, but also very surprised if the current Speaker reversed course and suddenly became reasonable. In view of the likely outcome of the current negotiations, however, it's past time to think outside the box and break some Congressional crockery.
It's time for the Biden administration to stop being wishy-washy and start playing hardball. Every reasonable option should be explored. Specifically, since the House clearly cannot function as long as Republican extremists are in control, a way must be found to put in place a coalition of Democrats and Republicans and put the country back on course. Pretending that a decent outcome is possible with a Speaker who is only pretending to negotiate is not the way out of this situation. There are political tools that can be used, and the time has come to use them.
TC, I think the point is to generate a groundswell, if for no other reason than having a shot at holding onto their majority, for a cross-party coalition. The place to start probably is with the House’s bi-partisan Problem Solvers Caucus. On the Republican side, names would include Don Bacon (NE), Brian Fitzpatrick (PA), Mike Gallagher (WI), David Joyce (OH), John Curtis (UT), Ashley Hinson (IA), Andrew Garbarino (NY), Dan Newhouse (WA), and David Valadao ( CA).
TC, While you’re right, I view our job as figuring out how changing course would be in their best interest. Of course, before November, I would want to be confident that Dems mostly would get the credit for restoring regular order to the House.
TC, While, admittedly, pulling together a cross-party coalition will be more difficult than it was some months ago when a bi-partisan faction succeeded in raising the debt ceiling, past precedent, at the very least, indicates it’s possible.
Take note of Heather Cox-Richardson post 1/17. She includes a brief description of Mike Johnson on FOX with Laura Ingraham where Laura tells Mike Johnson that she just got off the phone with Trump who made it clear he would not support the immigration legislation being proposed by Biden, Schumer, Jeffries and Mitch McConnell. Once again, Trump is calling the shots with the House Republicans.
That does not offer a path to settling the matter as long as Republicans are unwilling and unwilling given their lack of courage. They do not offer more material for an updated version of Profiles in Courage.
All good suggestions. But I think none of us really grasps how thuggish and deceitful are the members of the Freedom Caucus. Jordan, Comer, MTG? They don't legislate. They agitate. And...Trump isn't even subtle in cheering them on.
@Swbv, I would note far-right MAGA extremists are not on my screen. When I refer to a cross-party coalition, I envision the House bipartisan majority that pulled together to raise the debt ceiling.
Stephen, I believe, some months back, when the parties joined to raise the debt ceiling, Republicans feared Trump and his base. Accordingly, past precedent would indicate a cross-party coalition, were it in both parties’ interests, could gain traction.
It today’s Congress bipartisan agreement only happens in states where representatives feel being bipartisan increases their chances of re-election. The fear factor drives voting decisions unfortunately
Exactly!! As I posted, they have all been whipped into shape through the coercive bullying and threats. It’s the start of the authoritarian regime even before Trump gets to the ballot box.
James, While, theoretically, I agree both with your analysis and your remedy, I know of no one who has worked as hard or as seemingly effectively as Jerry Weiss, who writes “Feathers of Hope” and also is a “Today’s Edition” subscriber, for a cross-party coalition and a mutually agreeable consensus Republican Speaker whose respect for governance and a normally functioning, problem-solving legislature would help to restore regular order. Accordingly, if Robert or anyone else with connections could provide greater visibility for Weiss and his team, perhaps your call for action could gain some traction.
The problem with this analysis is that this is the objective for most Republican Congressmen. They want to jam up the works and blame it all on Biden. If he doesn't act, they have a good chance of succeeding in this strategy.
I agree, James. But it begins to feel day by day that a coalition of Dems & Republicans is more unlikely than ever. Why? Because it really is pretty clear that many, if not all, House Republicans have been bullied and threatened along with their family members.
If Roger Stone is talking openly about murdering Congressmen Nadler and Swalwell, one wonders how many threats a day people on the Republican side are getting to keep them in line. A lot, I'll bet.
And therein we can recognize that way too many don’t have much backbone. The threats are powerful because they saw how Trump was able to call the insurrections to D.C. on the 6th.
Here’s another example of what we are seeing. It was during the debate the Meghan Kelly was verbally abused by Trump as she moderated. As I understand it, after that debate Meghan received threats and maybe even unwelcome intrusion at her home.
As a result Meghan Kelly called Trump and asked to see him at his office. After they spoke privately she said, the threats and events at her home stopped. She seems to have been able to persuade him to call off the dogs.
The most interesting aspect of that story is that Trump was able to call off the dogs. It makes one wonder whether he sic'd them on her in the first place, and whether he is culpable in other cases.
James, you got it. That was the key point. Moreover, we might dig a little deeper look and find that Roger Stone was knee deep in the Proud Boy culture/group from the earliest times. That would explain why Trump gave him a full pardon. It could also point to Roger Stone being behind these threats in recent time. But I don't want to get into conspiracy theories. Perhaps some sharp investigative journalist is already on it.
In response to a concern that overturning the Chevron rule would create havoc in the economy, environmental protection and health science, The NY Times wrote “Justice Brett M. Kavanaugh responded that there were in fact “shocks to the system every four or eight years when a new administration comes in, whether it’s communications law or securities law or competition law or environmental law.”
Does Justice Kavanagh have any idea how utterly STUPID his statement is??? Does he not know that Supreme Court decisions last generations, NOT election cycles???
We need to soundly defeat Republicans this November and thereafter expand the Court so these irreverent political decisions by conservative zealots are overturned by proper jurisprudence as quickly as possible!
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Andrew: This is 100% correct: "Does Justice Kavanaugh have any idea how utterly STUPID his statement is??? Does he not know that Supreme Court decisions last generations, NOT election cycles???"
The statement also suggests that Kavanaugh does not understand that the experts who implement and interpret regulations are permanent federal employees--part of the dreaded "administrative state." They do not change every 4 to 8 years.
There have been lingering suspicions that Kavanaugh is not very smart--that he has gotten to the Supreme Court on family connections and a good head of hair. (No offense to people with good hair.) His statement above suggests that might be true.
Look, here is my take on the conservative justices. They each have grudges or their own agenda that drives them. Kavanaugh took Don McGahn’s advice and came out swinging when Christine Bailey Ford testified. Clarence has his ax to grind with his fight to deep six affirmative action and his unethical conduct with Harlan Crow, et al. Amy Comey Barrett is the final nail in the coffin with her Catholic/Spiritual willingness to abolish women’s rights. Oh! And Robert’s grudge is with Obama calling him out during his State of the Union when he correctly stated that the justice’s decision was the worst. Ah! Did I forget that slick Neil Gorsuch is his mother’s “retribution.”
They each have made the rulings personal, as we can see in the assault on the Chevron doctrine. Remember, Roberts was counseling big business on strategies to beat back the class action suits prior to joining the court. He has an MBA and is a deep throated capitalist.
They are, in my humble opinion, bad jurists with personal issues and agendas.
The ego of these judges cannot be understated. As Justice Kagan said "“Judges should know what they don’t know,” Kagan protested on Wednesday, and leave these questions up to the people who do know. This Supreme Court, however, cannot conceive of the possibility that it is ill-equipped to decide every major policy question of the day. And this hubris is fueling a reckless race to snatch ever more power away from what remains of our democracy."
I didn't publish it here, but I addressed deference yesterday.
In theory Congress gave us a mini Constitution in 1948 when it passed the Administrative Procedure Act., APA, which in part sets out rules for agencies to write regulations
Unfortunately, starting in the 1990s organizations like the Heritage Foundation and the Federalist Society began to oppose "the administrative state." Chevron was a case that provided that where there was some question about the meaning of a statute, the Supreme Court would defer to the agency interpretation of its own regulations.
Judge Rogers in part addressed the APA. "Under the APA’s deferential standard, the court upholds agency action unless it is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”
Chevron , 1984 was not the first time that the Supreme Court expressed agency deference. In Skidmore Swift & Co., 323 U.S. 134 (1944), it said that an administrative agency's interpretative rules deserve deference according to their persuasiveness. In Skidmore there was no issue whether there were different interpretations from the language of the regulation.
From my perspective, an agency makes its best case when it holds hearings and there are facts that show a need for regulation.
What has been happening in administrative law, is there is a theory in right wing circles that because administrative law was not mentioned by the Constitution, all of it is unconstitutional. For example in "Is administrative law unlawful?" Philip Hamburger, Professor of Law at Columbia argues that while the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. 2014.
I won't bore you with some of the detail I said about some of the sitting justices. However, I read the government's brief and it does not lay out how rulemaking was effectuated. The reason why deference is granted is that the industry had a due process opportunity to be heard at the agency level and failed to make it. The directive is clear. This should be more Skidmore than Chevron!
But as my 'ol pappy used to say, sometimes justice takes a kick in the ass sometimes.
I also have to say that these same justices hate the concept of "civil service" which began in 1881 as a reaction to fraud in the Grant administration -- like Grant's personal secretary selling firewater and smallpox infected blankets to the Native American tribes and stealing their land.
In full disclosure, I bear a personal grudge because Trump and a compliant court upended "merit selection" of administrative law judges at the behest of some Federalist Society members who openly said they wanted our jobs.
Trump reinstated the spoils system.
If the EPA had been controlled by his appointees, these cases would have died.
Could you submit a version to a national publication? A condensed version to WaPo or NYT op-eds, to give your views broader distribution than Substacks?
I think Brett Kavanaugh's stupidity comes from having been sheltered and in the entitlement bubble his entire life. He cannot imagine himself as poor or disadvantaged. He has lived his life comparing himself with others who have "just a little bit more" of everything except, it seems, compassion and common sense.
Glad to see and hear that Jill is recovering, but also so sorry to hear that you've got it now, Robert. Please, really, be short -- wrap it up quickly -- during your recovery: we need you!
Get well soon! Two things: First, thank you for the superb explanation of the significance of the Chevron doctrine. We are lucky to have you as our law professor. Second, we are on a three-generation family vacation in Hawaii (and we saw whales from our hotel balcony!) and this morning at breakfast my octogenarian mother and nonagenarian father were raving about your newsletter and telling my merely 61-year-old brother than he must subscribe!
First of all, Robert, I wish you a complete and speedy recovery! Anyone who thinks Covid is in the rear view mirror is living in a fool's paradise.
But here's what's really on my mind: "The Kochs and the Federalist Society have bought and paid for this sad outcome." And there you have it: The next shoe to drop. It seems like there will be no end to the damage done by Trump's appointment of his three Federalist Supreme Court Justices.
Post-Roe, we've already seen what the states can do in restricting or forbidding abortions, now try to imagine what Federal Judges will decide when the "administrative state" is abolished.
Good points, and I hesitate to expand your comments, but I will: Sadly, if Chevron deference is overturned, federal judges will become gynecologists and obstetricians, hospital administrators, and emergency room doctors. Sadly, it is going to get worse for women until we expand the Court.
Thanks for your word on the Supreme Court and your unmasking of Mike Johnson, that wasn't so hard, I admit. Take care to get well. So many of your readers are doing essential everyday leadership. I am inspired by them every day. But you and Jill are the essential impresarios for this show and we need you well and strong. You multiply the good work of others by both focusing our efforts with an eye on the prize and dispersing our attention and work to multiple issues and good projects across the country. Chris and I will be donating to Movement Voter Project in the next few days.
The Iowa caucuses have created a new feeling in the air about the inevitability of Trump being the nominee. It’s a real wake up call. I sent an email to all of my pro-democracy friends today who do not actively volunteer offering to help them do so. I thought I would share the email. Hoping it helps others in their outreach.
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I just wanted to check in with a few of my friends who I know have to be reeling after the reality after the Iowa caucus that Trump is our reality. I think those of us who knew it still find it jarring. It's pretty clear that no one is coming to save us. You cannot count on the courts or Jack Smith to do this. It is up to us. He is not inevitable (although they want us to think that)- we have a very good shot at winning. There are a lot more of us than there are of them - but it is going to take a lot of work. Fortunately, we can work in the states that matter and will make or break this election like PA or WI or AZ. We can do it from home and we can start now.
I've been doing this awhile and have seen how much advocacy has changed and how you can spend whatever time you have doing something that moves the needle. It's just knowing what to do. I am plugged into a lot of groups and have some simple suggestions how you can do that from your home and at your convenience.
Reach out to me if you would like to know what to do. I fully believe this is our last shot. I do not believe he will leave office - no kidding. He tells us that and we should believe him.
Theressa, I am rather new to this universe. You wrote "Reach out to me if you would like to know what to do." I would love to hear your advice, but don't know how to ask for it directly.
Mea culpa for my naivete in these matters. Patrick White.
While I'm waiting for letter campaigns to start I am writing postcards, having bought postcards on Etsy.com, postcard stamps online discounted, and signed up with ActivateAmerica.vote. They send a script to use with essential instructions, and you choose how many you want to write [I started with 10, and just ordered 20 more addresses].
I also give small amounts to campaigns and organizations [like RunForSomething.net] that I can pull out of my budget. The upcoming giving times are March and July, so I'm keeping that in mind.
I check in with friends. I have asked them if they'll vote in Nov. How else do we know?
Best of luck. I'm sure Theressa can give you even more detail.
Patrick - that is just the question that I hope to get from those that I sent the email to! I hope that this isn't too much detail, but it took me a long time to figure this all out. It can be easy to get overwhelmed so....
The most important thing to do is just to pick one thing to get started. I think that the George Santos election in February and you can do stuff now is probably the most important thing to do to flip a House seat to blue. Here is a letter writing campaign for him with lots of times to choose from: https://www.mobilize.us/theunion/event/596961/ You can also register voters in PA with many times/choices with FieldTeam 6 here https://www.mobilize.us/theunion/event/581992/
Robert posts actions that we can do in his newsletter. That's also good start.
Personally, I volunteer with The Union (you can find information here at jointheunion.us ) which is a pro-democracy coalition of everyone across the political spectrum (including progressives to ex and current Republicans) who have the sole goal of protecting democracy and civil rights. They work with a number of groups that they work to get the information out regarding the actions you can join at https://www.mobilize.us/theunion/.
For post carding, VoteForward and Markers for Democracy are great. I buy postcards in bulk and just write something on the front with markers instead of getting them pre-printed. I need to do this cheaply so I can send out more. As Lauren said Activate America is also a great one. I find their events (whatever they are) well organized.
I live in Vermont and the work to be done is elsewhere to save our democracy. There is so much to do. Ask more questions and I am happy to answer them. Lauren has also given some great answers. And she is right - ask your friends to join you. It is also heartening to show up at a text bank or phone bank and find a whole bunch of people who show up on a Tuesday night to give their time to fight for democracy. It warms the cockles of my heart and gives me hope Simon Rosenberg says that we are the "secret weapon". The grassroots helps Democrats/pro-democracy candidates win around the edges.
Theressa, your last sentence leaves me confused. Are you saying that if Trump were to win again, “he has told us he would not leave office?” That’s how I read you but it wasn’t clear to this old guy.
John, He talks about "four years or more" and many reputable political writers (including the Lincoln Project, many progressive writers) talk about the fact that this could be our last election - that isn't hyperbole. We hear what he says now and we saw the lengths that he went to in 2020 to stay in office. I can't imagine why the future would be any different.
We are witnessing a relentless fascist assault on the foundations of American democracy. As historians and others have pointed out, this is a slow second civil war against the federal government and in service of white supremacy and white masculine entitlement. It is disgusting and terrifying. Thank you for calling out the stakes in the cases before the Supreme Court. And I hope you recover soon Robert. You are a national treasure!
Woe is Robert and Jill! That dang Covid just seems to be hanging over your heads. Out out, damn spot! I am sending you both virtual fairy dust so that you sleep soundly and wake up renewed.
Onto the cases at hand...the “Conservative” Supremes want Chevron to go away. Of course, they do! Less government regulations has been the GOP goal for decades. They will more than satisfy the ultra wealthy. It just boils down to the subject of democracy in that the corporations and the uber rich say no to the way government rules. In the interim, they bind our hands tightly. They want their cake and eat it too, so-to-speak. This must incentivize us in making sure that Trump is set out to pasture (preferably San Quentin) and that Biden continues as our President.
I imagine I'm not alone in thinking there are no apologies necessary for “no audio version tonight.” That there’s a newsletter, brimming with wisdom, is rather extraordinary, under the circumstances. I'm quietly hoping there will be, even a brief hiatus, over the next few days.
As for Robert's Managing Editor, O my, the 'video update' is a keeper. I don't sound that fervent or look near as luminous when I am well.
And no wonder Jill adores Robert. And watching her this evening, as I have in the past, it’s far from an amazement Robert listens to his force of nature wife!
Well wishes to Jill and Robert and all the family.
Perhaps this would be a good time to just give us a reading list and say "discuss"? You need to rest and writing well is hard work. You need lots of sleep, and it's time consuming just to keep up with the news much less digest, make connections, analyze it and communicate it effectively. Maybe just keep up with things, highlight the best sources and articles for us with a few guiding thoughts, and come back healed? Watch Jill for a possible rebound, and Good for you cosseting your throat and voice. Now cosset the rest of you!
Good, good. You've got to take care of the race horse (and the race horse's manager) if you want it to be able to perform well with respect to races!
That of course, is the practical, selfish reason most everyone wants you to rest. The other reason is that people on here do care about your well being.
Robert, Along with sending you and yours heartfelt wishes for a speedy recovery, I would ask, given the probability SCOTUS will overturn Chevron, that you restate what I had deemed the most compelling arguments for expanding the Court so we may extrapolate from them in our quest for retaking the House, holding our 49 Senate seats (discounting Manchin and Sinema), despite a challenging 2024 map, flipping 1 Republican-held Senate seat, and holding the White House. My deep thanks. BJ
Retaining the *Presidency* is as important as taking control of the House and Senate: the President nominates Supreme Court Justices and other members of the federal judiciary. If the Court is expanded, the President would nominate Justices for the new openings.
Speaker Johnson and his MAGA cohorts are clearly in thrall to Donald Trump, who, in turn, is in thrall to Putin. Johnson has not done a very good job of concealing the fact that his preferred outcome is no aid for Ukraine and no solution for border issues, so that MAGA types can make political hay during election season. I would of course be pleased, but also very surprised if the current Speaker reversed course and suddenly became reasonable. In view of the likely outcome of the current negotiations, however, it's past time to think outside the box and break some Congressional crockery.
It's time for the Biden administration to stop being wishy-washy and start playing hardball. Every reasonable option should be explored. Specifically, since the House clearly cannot function as long as Republican extremists are in control, a way must be found to put in place a coalition of Democrats and Republicans and put the country back on course. Pretending that a decent outcome is possible with a Speaker who is only pretending to negotiate is not the way out of this situation. There are political tools that can be used, and the time has come to use them.
Which five Republicans do you expect to sacrifice themselves by doing this?
TC, I think the point is to generate a groundswell, if for no other reason than having a shot at holding onto their majority, for a cross-party coalition. The place to start probably is with the House’s bi-partisan Problem Solvers Caucus. On the Republican side, names would include Don Bacon (NE), Brian Fitzpatrick (PA), Mike Gallagher (WI), David Joyce (OH), John Curtis (UT), Ashley Hinson (IA), Andrew Garbarino (NY), Dan Newhouse (WA), and David Valadao ( CA).
Every one of those "problem solvers" votes in lockstep with the conservatives when it comes down to the nut. There. Are. No. Good. Republicans. Left.
TC, While you’re right, I view our job as figuring out how changing course would be in their best interest. Of course, before November, I would want to be confident that Dems mostly would get the credit for restoring regular order to the House.
Well, I really wish it was possible, but the entire party is now under thesway of Trump and they're all rushing to bend the knee and kiss the ring.
And none more so than Jordan, Comer, MTG and, it now appears, Mike Johnson who is, I believe, petrified over a replay of Kevin McCarthy's auto-da-fe.
TC, While, admittedly, pulling together a cross-party coalition will be more difficult than it was some months ago when a bi-partisan faction succeeded in raising the debt ceiling, past precedent, at the very least, indicates it’s possible.
Take note of Heather Cox-Richardson post 1/17. She includes a brief description of Mike Johnson on FOX with Laura Ingraham where Laura tells Mike Johnson that she just got off the phone with Trump who made it clear he would not support the immigration legislation being proposed by Biden, Schumer, Jeffries and Mitch McConnell. Once again, Trump is calling the shots with the House Republicans.
That does not offer a path to settling the matter as long as Republicans are unwilling and unwilling given their lack of courage. They do not offer more material for an updated version of Profiles in Courage.
Let's not forget being blackmailed, threatened, and "retiring".
We can’t change their thinking because it’s all about power and politics. We can only change the dynamics by changing out the players.
Stephen, See my reply to your other post in this thread regarding the bi-partisan House coalition that succeeded in raising the debt ceiling.
All good suggestions. But I think none of us really grasps how thuggish and deceitful are the members of the Freedom Caucus. Jordan, Comer, MTG? They don't legislate. They agitate. And...Trump isn't even subtle in cheering them on.
@Swbv, I would note far-right MAGA extremists are not on my screen. When I refer to a cross-party coalition, I envision the House bipartisan majority that pulled together to raise the debt ceiling.
The groundswell your asking for only happens when Republicans stop fearing Trump and his base.
Stephen, I believe, some months back, when the parties joined to raise the debt ceiling, Republicans feared Trump and his base. Accordingly, past precedent would indicate a cross-party coalition, were it in both parties’ interests, could gain traction.
It today’s Congress bipartisan agreement only happens in states where representatives feel being bipartisan increases their chances of re-election. The fear factor drives voting decisions unfortunately
… which means hardball, especially with Republican reps in purple districts.
A good start would be with the 14 Congressional Districts won by Republicans in 2022 that were also won by President Biden. Each District is different, but that is where I would start. Some of them are toast without Democratic support. https://ballotpedia.org/U.S._House_districts_represented_by_a_Republican_in_2022_and_won_by_Joe_Biden_in_2020.
In addition, as of this Sunday the GOP advantage in the House will be only one vote. This may only be temporary -- so the time to act is now. https://www.nytimes.com/2024/01/16/us/politics/republicans-house-majority.html
Exactly!! As I posted, they have all been whipped into shape through the coercive bullying and threats. It’s the start of the authoritarian regime even before Trump gets to the ballot box.
James, While, theoretically, I agree both with your analysis and your remedy, I know of no one who has worked as hard or as seemingly effectively as Jerry Weiss, who writes “Feathers of Hope” and also is a “Today’s Edition” subscriber, for a cross-party coalition and a mutually agreeable consensus Republican Speaker whose respect for governance and a normally functioning, problem-solving legislature would help to restore regular order. Accordingly, if Robert or anyone else with connections could provide greater visibility for Weiss and his team, perhaps your call for action could gain some traction.
There not being wishy washy but playing the long game and giving the Republicans an opportunity to demonstrate again they cannot effectively govern
The problem with this analysis is that this is the objective for most Republican Congressmen. They want to jam up the works and blame it all on Biden. If he doesn't act, they have a good chance of succeeding in this strategy.
I agree, James. But it begins to feel day by day that a coalition of Dems & Republicans is more unlikely than ever. Why? Because it really is pretty clear that many, if not all, House Republicans have been bullied and threatened along with their family members.
If Roger Stone is talking openly about murdering Congressmen Nadler and Swalwell, one wonders how many threats a day people on the Republican side are getting to keep them in line. A lot, I'll bet.
And therein we can recognize that way too many don’t have much backbone. The threats are powerful because they saw how Trump was able to call the insurrections to D.C. on the 6th.
Here’s another example of what we are seeing. It was during the debate the Meghan Kelly was verbally abused by Trump as she moderated. As I understand it, after that debate Meghan received threats and maybe even unwelcome intrusion at her home.
As a result Meghan Kelly called Trump and asked to see him at his office. After they spoke privately she said, the threats and events at her home stopped. She seems to have been able to persuade him to call off the dogs.
The most interesting aspect of that story is that Trump was able to call off the dogs. It makes one wonder whether he sic'd them on her in the first place, and whether he is culpable in other cases.
James, you got it. That was the key point. Moreover, we might dig a little deeper look and find that Roger Stone was knee deep in the Proud Boy culture/group from the earliest times. That would explain why Trump gave him a full pardon. It could also point to Roger Stone being behind these threats in recent time. But I don't want to get into conspiracy theories. Perhaps some sharp investigative journalist is already on it.
Meghan went quietly on in new directions.
A good start would be with the 14 Congressional Districts won by Republicans in 2022 that were also won by President Biden. Each District is different, but that is where I would begin. Some of them are toast without Democratic support. In addition, the time to act is now, since the Republican majority will decline to one vote as of this coming Sunday. https://ballotpedia.org/U.S._House_districts_represented_by_a_Republican_in_2022_and_won_by_Joe_Biden_in_2020. and https://www.nytimes.com/2024/01/16/us/politics/republicans-house-majority.html
In response to a concern that overturning the Chevron rule would create havoc in the economy, environmental protection and health science, The NY Times wrote “Justice Brett M. Kavanaugh responded that there were in fact “shocks to the system every four or eight years when a new administration comes in, whether it’s communications law or securities law or competition law or environmental law.”
Does Justice Kavanagh have any idea how utterly STUPID his statement is??? Does he not know that Supreme Court decisions last generations, NOT election cycles???
We need to soundly defeat Republicans this November and thereafter expand the Court so these irreverent political decisions by conservative zealots are overturned by proper jurisprudence as quickly as possible!
Andrew S. Bermant | President | National Shopping Centers, LLC | 1187 Coast Village Rd, Suite 564, Santa Barbara, California 93108 | m. 805.886.1010 | email: abermant.nsc@icloud.com
Andrew: This is 100% correct: "Does Justice Kavanaugh have any idea how utterly STUPID his statement is??? Does he not know that Supreme Court decisions last generations, NOT election cycles???"
The statement also suggests that Kavanaugh does not understand that the experts who implement and interpret regulations are permanent federal employees--part of the dreaded "administrative state." They do not change every 4 to 8 years.
There have been lingering suspicions that Kavanaugh is not very smart--that he has gotten to the Supreme Court on family connections and a good head of hair. (No offense to people with good hair.) His statement above suggests that might be true.
Look, here is my take on the conservative justices. They each have grudges or their own agenda that drives them. Kavanaugh took Don McGahn’s advice and came out swinging when Christine Bailey Ford testified. Clarence has his ax to grind with his fight to deep six affirmative action and his unethical conduct with Harlan Crow, et al. Amy Comey Barrett is the final nail in the coffin with her Catholic/Spiritual willingness to abolish women’s rights. Oh! And Robert’s grudge is with Obama calling him out during his State of the Union when he correctly stated that the justice’s decision was the worst. Ah! Did I forget that slick Neil Gorsuch is his mother’s “retribution.”
They each have made the rulings personal, as we can see in the assault on the Chevron doctrine. Remember, Roberts was counseling big business on strategies to beat back the class action suits prior to joining the court. He has an MBA and is a deep throated capitalist.
They are, in my humble opinion, bad jurists with personal issues and agendas.
Ok! So, this is a little bit of a court rant.
That is an assessment that rings true.
The ego of these judges cannot be understated. As Justice Kagan said "“Judges should know what they don’t know,” Kagan protested on Wednesday, and leave these questions up to the people who do know. This Supreme Court, however, cannot conceive of the possibility that it is ill-equipped to decide every major policy question of the day. And this hubris is fueling a reckless race to snatch ever more power away from what remains of our democracy."
I didn't publish it here, but I addressed deference yesterday.
In theory Congress gave us a mini Constitution in 1948 when it passed the Administrative Procedure Act., APA, which in part sets out rules for agencies to write regulations
Unfortunately, starting in the 1990s organizations like the Heritage Foundation and the Federalist Society began to oppose "the administrative state." Chevron was a case that provided that where there was some question about the meaning of a statute, the Supreme Court would defer to the agency interpretation of its own regulations.
Judge Rogers in part addressed the APA. "Under the APA’s deferential standard, the court upholds agency action unless it is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”
Chevron , 1984 was not the first time that the Supreme Court expressed agency deference. In Skidmore Swift & Co., 323 U.S. 134 (1944), it said that an administrative agency's interpretative rules deserve deference according to their persuasiveness. In Skidmore there was no issue whether there were different interpretations from the language of the regulation.
From my perspective, an agency makes its best case when it holds hearings and there are facts that show a need for regulation.
What has been happening in administrative law, is there is a theory in right wing circles that because administrative law was not mentioned by the Constitution, all of it is unconstitutional. For example in "Is administrative law unlawful?" Philip Hamburger, Professor of Law at Columbia argues that while the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. 2014.
I won't bore you with some of the detail I said about some of the sitting justices. However, I read the government's brief and it does not lay out how rulemaking was effectuated. The reason why deference is granted is that the industry had a due process opportunity to be heard at the agency level and failed to make it. The directive is clear. This should be more Skidmore than Chevron!
But as my 'ol pappy used to say, sometimes justice takes a kick in the ass sometimes.
I also have to say that these same justices hate the concept of "civil service" which began in 1881 as a reaction to fraud in the Grant administration -- like Grant's personal secretary selling firewater and smallpox infected blankets to the Native American tribes and stealing their land.
In full disclosure, I bear a personal grudge because Trump and a compliant court upended "merit selection" of administrative law judges at the behest of some Federalist Society members who openly said they wanted our jobs.
Trump reinstated the spoils system.
If the EPA had been controlled by his appointees, these cases would have died.
Good explanation. where did you publish it?
Other people's substacks.
Could you submit a version to a national publication? A condensed version to WaPo or NYT op-eds, to give your views broader distribution than Substacks?
Stupid people, unfortunately, don't understand how to do this.
I think Brett Kavanaugh's stupidity comes from having been sheltered and in the entitlement bubble his entire life. He cannot imagine himself as poor or disadvantaged. He has lived his life comparing himself with others who have "just a little bit more" of everything except, it seems, compassion and common sense.
Glad to see and hear that Jill is recovering, but also so sorry to hear that you've got it now, Robert. Please, really, be short -- wrap it up quickly -- during your recovery: we need you!
Get well soon! Two things: First, thank you for the superb explanation of the significance of the Chevron doctrine. We are lucky to have you as our law professor. Second, we are on a three-generation family vacation in Hawaii (and we saw whales from our hotel balcony!) and this morning at breakfast my octogenarian mother and nonagenarian father were raving about your newsletter and telling my merely 61-year-old brother than he must subscribe!
I am jealous! Enjoy your time with your family! and please give my warm regards and thanks to your mother and father.
Positive thoughts for a speedy and complete recovery!
From me too.
And me!
First of all, Robert, I wish you a complete and speedy recovery! Anyone who thinks Covid is in the rear view mirror is living in a fool's paradise.
But here's what's really on my mind: "The Kochs and the Federalist Society have bought and paid for this sad outcome." And there you have it: The next shoe to drop. It seems like there will be no end to the damage done by Trump's appointment of his three Federalist Supreme Court Justices.
Post-Roe, we've already seen what the states can do in restricting or forbidding abortions, now try to imagine what Federal Judges will decide when the "administrative state" is abolished.
Tragedy upon tragedy. Woe upon woe.
Good points, and I hesitate to expand your comments, but I will: Sadly, if Chevron deference is overturned, federal judges will become gynecologists and obstetricians, hospital administrators, and emergency room doctors. Sadly, it is going to get worse for women until we expand the Court.
Thanks for comments about the court and need to expand. I’m now convinced it’s needed. Take care!
Thanks for your word on the Supreme Court and your unmasking of Mike Johnson, that wasn't so hard, I admit. Take care to get well. So many of your readers are doing essential everyday leadership. I am inspired by them every day. But you and Jill are the essential impresarios for this show and we need you well and strong. You multiply the good work of others by both focusing our efforts with an eye on the prize and dispersing our attention and work to multiple issues and good projects across the country. Chris and I will be donating to Movement Voter Project in the next few days.
Hey Robert...get well soon. Don't try bleach.. it's very effective at killing the virus...and also the host..
Many millions of us are with you on rebalancing SCOTUS with liberal majority (by "liberal" we simply mean judges living in the modern world)
Left to Koch and his minions, we're headed into a Hobbesian nightmare..
It's too bad Charles Koch can't join his brother David down in Hell.
The Iowa caucuses have created a new feeling in the air about the inevitability of Trump being the nominee. It’s a real wake up call. I sent an email to all of my pro-democracy friends today who do not actively volunteer offering to help them do so. I thought I would share the email. Hoping it helps others in their outreach.
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I just wanted to check in with a few of my friends who I know have to be reeling after the reality after the Iowa caucus that Trump is our reality. I think those of us who knew it still find it jarring. It's pretty clear that no one is coming to save us. You cannot count on the courts or Jack Smith to do this. It is up to us. He is not inevitable (although they want us to think that)- we have a very good shot at winning. There are a lot more of us than there are of them - but it is going to take a lot of work. Fortunately, we can work in the states that matter and will make or break this election like PA or WI or AZ. We can do it from home and we can start now.
I've been doing this awhile and have seen how much advocacy has changed and how you can spend whatever time you have doing something that moves the needle. It's just knowing what to do. I am plugged into a lot of groups and have some simple suggestions how you can do that from your home and at your convenience.
Reach out to me if you would like to know what to do. I fully believe this is our last shot. I do not believe he will leave office - no kidding. He tells us that and we should believe him.
Theressa, I am rather new to this universe. You wrote "Reach out to me if you would like to know what to do." I would love to hear your advice, but don't know how to ask for it directly.
Mea culpa for my naivete in these matters. Patrick White.
I write letters for Vote Forward; VoteFwd.org.
While I'm waiting for letter campaigns to start I am writing postcards, having bought postcards on Etsy.com, postcard stamps online discounted, and signed up with ActivateAmerica.vote. They send a script to use with essential instructions, and you choose how many you want to write [I started with 10, and just ordered 20 more addresses].
I also give small amounts to campaigns and organizations [like RunForSomething.net] that I can pull out of my budget. The upcoming giving times are March and July, so I'm keeping that in mind.
I check in with friends. I have asked them if they'll vote in Nov. How else do we know?
Best of luck. I'm sure Theressa can give you even more detail.
Thank you Lauren for this information; both helpful and inspiring. Be well.
Thanks much, Lauren.
Patrick - that is just the question that I hope to get from those that I sent the email to! I hope that this isn't too much detail, but it took me a long time to figure this all out. It can be easy to get overwhelmed so....
The most important thing to do is just to pick one thing to get started. I think that the George Santos election in February and you can do stuff now is probably the most important thing to do to flip a House seat to blue. Here is a letter writing campaign for him with lots of times to choose from: https://www.mobilize.us/theunion/event/596961/ You can also register voters in PA with many times/choices with FieldTeam 6 here https://www.mobilize.us/theunion/event/581992/
Robert posts actions that we can do in his newsletter. That's also good start.
Personally, I volunteer with The Union (you can find information here at jointheunion.us ) which is a pro-democracy coalition of everyone across the political spectrum (including progressives to ex and current Republicans) who have the sole goal of protecting democracy and civil rights. They work with a number of groups that they work to get the information out regarding the actions you can join at https://www.mobilize.us/theunion/.
For post carding, VoteForward and Markers for Democracy are great. I buy postcards in bulk and just write something on the front with markers instead of getting them pre-printed. I need to do this cheaply so I can send out more. As Lauren said Activate America is also a great one. I find their events (whatever they are) well organized.
I live in Vermont and the work to be done is elsewhere to save our democracy. There is so much to do. Ask more questions and I am happy to answer them. Lauren has also given some great answers. And she is right - ask your friends to join you. It is also heartening to show up at a text bank or phone bank and find a whole bunch of people who show up on a Tuesday night to give their time to fight for democracy. It warms the cockles of my heart and gives me hope Simon Rosenberg says that we are the "secret weapon". The grassroots helps Democrats/pro-democracy candidates win around the edges.
Thanks so much, immensely helpful. There is good work to be done. Thanks for helping me see the possibilities.
In the end, it can become enjoyable to become a keyboard warrior. You meet great people!
Theressa, your last sentence leaves me confused. Are you saying that if Trump were to win again, “he has told us he would not leave office?” That’s how I read you but it wasn’t clear to this old guy.
Thanks.
John, He talks about "four years or more" and many reputable political writers (including the Lincoln Project, many progressive writers) talk about the fact that this could be our last election - that isn't hyperbole. We hear what he says now and we saw the lengths that he went to in 2020 to stay in office. I can't imagine why the future would be any different.
Only one reason. He falls down and hurts himself. :) He is the biggest threat to our country in our lifetime. Thank you.
We are witnessing a relentless fascist assault on the foundations of American democracy. As historians and others have pointed out, this is a slow second civil war against the federal government and in service of white supremacy and white masculine entitlement. It is disgusting and terrifying. Thank you for calling out the stakes in the cases before the Supreme Court. And I hope you recover soon Robert. You are a national treasure!
Woe is Robert and Jill! That dang Covid just seems to be hanging over your heads. Out out, damn spot! I am sending you both virtual fairy dust so that you sleep soundly and wake up renewed.
Onto the cases at hand...the “Conservative” Supremes want Chevron to go away. Of course, they do! Less government regulations has been the GOP goal for decades. They will more than satisfy the ultra wealthy. It just boils down to the subject of democracy in that the corporations and the uber rich say no to the way government rules. In the interim, they bind our hands tightly. They want their cake and eat it too, so-to-speak. This must incentivize us in making sure that Trump is set out to pasture (preferably San Quentin) and that Biden continues as our President.
So appreciate your spreading the word about the Movement Voter Project, Robert! Now you “get some rest!” 😉
Thanks, Jessica. And we appreciate the food delivery from Morts. You are kind and generous.
And Jess is indefatigable.
I imagine I'm not alone in thinking there are no apologies necessary for “no audio version tonight.” That there’s a newsletter, brimming with wisdom, is rather extraordinary, under the circumstances. I'm quietly hoping there will be, even a brief hiatus, over the next few days.
As for Robert's Managing Editor, O my, the 'video update' is a keeper. I don't sound that fervent or look near as luminous when I am well.
And no wonder Jill adores Robert. And watching her this evening, as I have in the past, it’s far from an amazement Robert listens to his force of nature wife!
Well wishes to Jill and Robert and all the family.
Perhaps this would be a good time to just give us a reading list and say "discuss"? You need to rest and writing well is hard work. You need lots of sleep, and it's time consuming just to keep up with the news much less digest, make connections, analyze it and communicate it effectively. Maybe just keep up with things, highlight the best sources and articles for us with a few guiding thoughts, and come back healed? Watch Jill for a possible rebound, and Good for you cosseting your throat and voice. Now cosset the rest of you!
I may do this tonight: Perhaps this would be a good time to just give us a reading list and say "discuss"? Thanks for the suggestion!
Good, good. You've got to take care of the race horse (and the race horse's manager) if you want it to be able to perform well with respect to races!
That of course, is the practical, selfish reason most everyone wants you to rest. The other reason is that people on here do care about your well being.
Robert, Along with sending you and yours heartfelt wishes for a speedy recovery, I would ask, given the probability SCOTUS will overturn Chevron, that you restate what I had deemed the most compelling arguments for expanding the Court so we may extrapolate from them in our quest for retaking the House, holding our 49 Senate seats (discounting Manchin and Sinema), despite a challenging 2024 map, flipping 1 Republican-held Senate seat, and holding the White House. My deep thanks. BJ
Retaining the *Presidency* is as important as taking control of the House and Senate: the President nominates Supreme Court Justices and other members of the federal judiciary. If the Court is expanded, the President would nominate Justices for the new openings.
Michael, Please note my comment concludes with the words “holding the White House.”
Oops.