Today’s Edition: “The lady doth protest too much.”

July 15, 2021

          Joe Biden’s speech defending voting rights on Tuesday hit a nerve with Republicans. Senator Mitch McConnell said Biden’s criticisms of Republican efforts to suppress voting rights were “utter nonsense [that] would be laugh-out-loud funny if it wasn’t so completely and totally irresponsible.” Senator Ted Cruz said that Biden was proposing “Jim Crow 2.0.” Only Shakespeare could capture the mendacity of the GOP’s response to Democratic efforts to protect voting rights: “The lady doth protest too much, methinks.”

          In response to my criticism yesterday that Biden’s speech fell short of the mark by failing to call for an end to the filibuster, a reader sent a note that echoes a sentiment I often hear from readers. The reader suggested that if Biden called out Manchin and Sinema by name, that would make it harder for them to agree to modify the filibuster. The logic of that position asserts that we should not make it appear that Manchin and Sinema were “bullied” into modifying the filibuster. (Readers have made the same argument about calls for Justice Breyer to retire soon so that Biden can nominate a successor.) The reader advises that we should give the Senators the time and space to do the right thing on their own.

          The advice is prudent up to a point. During his campaign, Joe Biden promised to protect voting rights. Millions of people voted for him (in part) because he promised to do so. There was no footnote or qualification to his pledge to do so only if Senators Manchin and Sinema agreed. The House passed the For the People Act on March 8, 2021. From that moment forward, it has been clear that not a single Senate Republican will vote in favor of the Act. What are Sinema and Manchin waiting for? What will change? How long should we indulge the fiction that a bipartisan agreement will emerge on voting rights? If the Senate had passed S.1 in March 2021, the provisions of the Act would have prevented recent voter suppression laws in Georgia, South Carolina, Florida, and (soon) Texas. We are running out of time.

          Another reader sent a note about a postcard campaign intended to persuade Senator Manchin to support modification of the filibuster. See Commit to Flip Blue, “Postcards to Voters Program.” The website describes the effort as follows:

Please help us put pressure on Joe Manchin! Sign up today to write postcards to Manchin’s constituents urging them to contact his office and pressure him to support his party, end the filibuster, and pass HR1/S1 For the People Act. If ever there was a moral imperative to take action, it is now. We cannot risk our democracy being run into the ground by power hungry politicians with no regard, nor respect, for the glorious diversity in this nation. Simply stated, it is un-American. Please sign up here:Postcards to Voters Program – Commit To Flip Blue

          If President Biden can’t publicly pressure Senator Manchin to modify the filibuster, we can—and should. Check out the details at the website above.

The Senate Budget Committee agreement on the $3.5 trillion reconciliation bill is a once in a generation opportunity.

Despite frustration over the For the People Act, the prospect of passage of Biden’s $3.5 trillion reconciliation bill should encourage us all. The bill has far-reaching social programs that will make real difference in people’s lives. Here is a partial list of expected provisions, per Politico, Climate, immigration, Medicare lead progressive highlights in Democrats’ $3.5T budget plan:

• Expand Medicare to cover dental, vision and hearing services for seniors;

• Fund health care for about 2 million people living in red states that have refused to expand Medicaid;

• Universal prekindergarten for 3- and 4-year-olds;

• Increase childcare subsidies;

• Increase in the maximum Pell Grant to defray college costs for lower-income students; and

Passage of the bill will not be easy, but prospects look good. If it passes, it will be a signature achievement of the Biden administration.

Republican anti-vaccination propaganda hurting citizens of Tennessee.

          The State of Tennessee has one of the lowest vaccination rates in the nation and is experiencing a spike in coronavirus infections. On Monday, the state fired its medical director for vaccine-preventable diseases and immunization programs. The head of the Tennessee Department of Health has ceased all outreach to teenagers regarding coronavirus vaccinations and “ordered county-level staff not to hold any vaccination events intended specifically for adolescents,” including flu vaccines and HPV vaccinations. See Talking Points Memo, “State Health Dept Nixes Teen Outreach For … All … Vaccines Amid GOP Attacks.”

          The actions were taken in response to a letter from the director of immunizations to vaccine providers that summarized Tennessee’s policy allowing vaccination of minors over 14 years of age without their parents’ consent. As a result, some teenagers in Tennessee will become infected with coronavirus, HPV, and influenza. It is astounding that the Tennessee would take actions that affirmatively endanger the health of its young citizens. If you live in Tennessee, please let the Tennessee Department of Health know how you feel about this development.

Concluding Thoughts.

          I need to cut the newsletter short this evening as a prepare for a routine medical procedure tomorrow. Let me make a few brief comments about other stories worth your attention.

          In the Senate, Ted Cruz attacked a Biden nominee for a federal appellate court appointment on the ground that she had worked to protect voting rights. (That would be the same Ted Cruz who said that Democrats were attempting to implement “Jim Crow 2.0”.) See The Hill, “Senate Republicans attack circuit court pick over voting rights advocacy.” Cruz said,

          As I look at your record year after year after year of being an extreme partisan advocate, I'm left with the very likely conclusion that if you were confirmed to the bench, you would likewise be a radical activist on the bench.

          Let’s hope that Ted Cruz’s prediction is correct.

          There is a lot of discussion of General Mark Milley’s belief that Trump was attempting to stage a “Reichstag moment” to allow him to remain in power. That possibility was on everyone’s mind at the time. I will discuss in future newsletters, but Trump faced an insurmountable problem if he intended to extend his tenure: The Constitution. The Twentieth Amendment states, “the terms of the President and Vice President shall end at noon on the 20th day of January.” So, no declaration of martial law or fabricated crisis could supersede the express language of the Constitution. I am glad to hear that General Milley was concerned about Trump’s intentions, but the fact that he was concerned does not mean that Trump could have succeeded.

          A reader sent a link to an op-ed about Biden’s clemency policy—or lack thereof. The op-ed is worth your time. Criminal justice reform is an area in which Biden has lagged. While he has had a lot on his plate (pandemic, economic crisis, voting rights), it is time to get the Department of Justice out of the business of second-guessing itself regarding clemency requests. See “Opinion | Biden Must Reform the Clemency Process - The New York Times.”

          My current plan is to publish the next newsletter on Sunday evening, for delivery on Monday morning.

Talk to you on Monday!