79 Comments

With Robert's jam-packed newsletter tonight (he didn't even take space to riff on collateral estoppel!), here's a reminder of an event that he and the inimitable Jessica Craven are hosting tomorrow, Sept. 7, as detailed in his newsletter of 8/30/23:

On Thursday, September 7 at 4:00 PM Pacific / 7:00 PM Eastern, Jessica Craven and I will speak at an event for the State Party Advancement Network (SPAN).

SPAN is committed to rebuilding Democratic state parties, which eroded in strength and effectiveness between 2010 and 2016 (when Democrats lost 14 governorships and both chambers of 13 state legislatures).

SPAN brings together donors who recognize the importance of state parties' work and want to invest in programming to elect more Democrats up and down the ticket. Join us to learn how state parties are building lasting infrastructure with the support and collaboration of SPAN staff, who meet regularly with states on progress towards goals.

In addition to Jessica Craven and me, featured guests include Lavora Barnes (Chairwoman of the MI Dems), Ben Wikler (Chair of WisDems), and Martha Laning (SPAN).

You can click this link to register:

https://us06web.zoom.us/meeting/register/tZcld--rpzgvGtxNZ3YEyhhFynyoHJumTdH9#/registration

Expand full comment
author

Thanks for the reminder. I am pinning to the top.

Expand full comment

Thanks, Ellie, I missed this one. See you tonight!

Expand full comment
Sep 7, 2023Liked by Robert B. Hubbell

Although Wisconsin has given the senate Joseph McCarthy and Ron Johnson, two horribles, it has also given the country William Proxmire, Herb Kohl, Gaylord Nelson and Russ Feingold. I'm confident that there are Wisconsonites who deplore the right-wing highjacking of their state by Scott Walker, Ron Johnson, and the hard right, authoritarian wing of the GOP. Let's support them! Let's see if they can overcome the worst impulses of the reactionaries.

Expand full comment
founding

While it is nice that you identify Wisconsin leaders of the past, BUT I encourage you to read today’s Hartman Report wherein we are treated to a well explained need to get active well beyond the borders of Wisconsin. The article lays out in clear detail how the court has become a tool of one party (Rs) and has put itself above Congress and the Constitution.

Here again is that link for your review. https://open.substack.com/pub/thomhartmann/p/scotus-has-placed-itself-above-congress-183?r=39h2h&utm_medium=ios&utm_campaign=post

Expand full comment

It’s all about $$$$$. The billionaires and the dark money pools have bought the majority of the Court. The country needs Citizens United confined to the dust bins of history. Soon . Or it’ll be like France in 1790

Expand full comment
Sep 7, 2023Liked by Robert B. Hubbell

If Republicans in Wisconsin follow the path of impeachment and then delay, their House majority is so great they can achieve a majority even with several defections. Delay is important in the Senate because only one defection prevents them from having a two-thirds majority to convict. Defections throughout are likely because rigid adherence to party interest to overturn an election is unlikely to be popular. While they delay, they will have a Supreme Court that is divided 3-3. That court may not necessarily vote as the Republican legislators want them to vote. Conservative Brian Hagedorn has not been an automatic conservative vote on the Supreme Court. Chief Justice Annette Ziegler has ruled, in the past, against mandatory recusal associated with political donations. Unlike legislators, judges are expected to base their thinking on something other than partisan interest. The people of Wisconsin will not be willing to see their state acting, at best like a banana republican, at worst like a Communist dictatorship with devotion to party rather than to the rule of law.

Expand full comment

North Carolina and Wisconsin run neck and neck for the distinction of "banana republic,"

Expand full comment

Both have overwhelmingly gerrymandered legislatures that did what they could do limit the authority of elected Democratic governors. I wrote about elections in both places and more. Consider my newsletter Len's Political Notes https://lenspoliticalnotes.com

Expand full comment
founding
Sep 7, 2023Liked by Robert B. Hubbell

In discussions about Joe Biden as our candidate (of which we need more,) I would love to have you do more routine commentary around “it’s the Presidency, stupid“ to illuminate - and call out- the wellspring of intellect, talent and commitment in a presidential administration that Joe Biden assembles at every level (not to mention appointment of a bevy of second term, likeminded federal judges.)

It is not just the man, but the collective that secures our best hope for democracy and a path forward away from not Trump and the dangerous demagogues who feed at his trough.

Expand full comment

Yes. The President is the Chief Executive; Biden, as President, evidently has been a true executive. That M.O. is worth contemplating.

Expand full comment

Tons of news today! I feel more positive that justice is prevailing. Has taken us a long time to get to this point but it happening and that’s what is important. Couldn’t ever stomach Huckabee and after his little commentary, he needs to spend time in jail and he can take his disgusting daughter with him! Thank goodness for organizations like CREW who have been successful in helping democracy along. Love Leigh who is Politics Girl. I believe she is San Diego based. She never misses a beat, bless her!

Expand full comment
Sep 7, 2023Liked by Robert B. Hubbell

Thank you, Robert. Fantastic newsletter today. As Joe Biden said at the April, 2023 WH Correspondents’ Dinner in Washington:

“Look, like I often say, don’t compare me to the Almighty, compare me to the alternative. We added 12 million jobs, and that’s just counting the lawyers to — who defended the [former] president.”

Dump may not get to the “alternative” position after all. And Wisconsinites have their work cut out for them. I am confident, democracy will prevail!. I will try, here in India to listen to the zoom cast Jessica Craven and Ellie Kona on September 7.

Thank you for all you do! The world is a safer and better place because of you. ♥️

Expand full comment
Sep 7, 2023·edited Sep 7, 2023Liked by Robert B. Hubbell

Thank you for covering the impending disaster for democracy in Wisconsin. This is an action following the trajectory of the GOP and Koch bros takeover of our country for the past two and a half decades. When we were all basking in the glow of the 2008 elections, they used the 2010 midterms to complete their planned takeover of state legislatures after the 2010 census. They severely gerrymandered those states and have had control in them ever since. We must turn out our voters! And continue to support those, like Mark Elias, filing lawsuits against that anti democratic gerrymandering. I’ve just been reading “Democracy In Chains,” which gives a chilling rendering of the history of this plan.

Expand full comment

The Elias group has been very very busy. Thank goodness!

Expand full comment

It seems recently there have been several court rulings that have overturned or have eliminated Republicans attacks on fairness and democracy such as the gerrymandering in Alabama or the barriers in the Texas rivers to name a few. I only wish that the media would give as much time and details to these decisions as they did when the illegal attempts were made by Republican Governors. I think the media needs to give more light to the court decisions and remind voters of what is really going on. I was thinking without Robert’s detailed explanations we would be all in the dark like many voters are.

Expand full comment
Sep 7, 2023Liked by Robert B. Hubbell

Part of that river barrier is in Mexican territory, and Mexico complained more than once. That this is not a bigger part of the media coverage seems strange to me. Headline: people hurt or killed by river barriers. Missing headline: Texas governor violated US law and Mexican sovereignty with placement of river barriers.

Expand full comment

Good point but immigration is viewed differently in Texas and what Abbott did is readily acceptable to many voters.

Expand full comment

In today's newsletter from Heather Cox Richardson, where she states that the rule of law is essential to democracy, she says straight out that the MAGA GOP is "trying to destroy the rule of law." She gave as an example:

"Today on Trinity Broadcasting Network, which senior NBC News reporter Ben Collins says bills itself as the largest Christian television network in the world, former Arkansas governor Mike Huckabee opened his most recent episode by saying that if former president Trump loses the 2024 election because of the many indictments grand juries have handed down concerning his behavior, “it is going to be the last American election that will be decided by ballots rather than bullets.”

Did any of you see this story in any MSM? How do we demand that MSM tells this larger story? GOP dark money leaders are trying to destroy the rule of law because that's how they've decided to go after money and power. And they're very good at getting ordinary citizens riled up enough to go along. I bet many don't even realize that's what they're doing - destroying the rule of law. "The president told me to do it." TELL THE STORY!!

Expand full comment

Charles Koch only wants government to handle defense and protection of property--his! He is using his billions to attack the rule of law because he wants NO constraints on his businesses, especially his energy businesses. Have you ever seen the "I am an energy voter" ads featuring, I think, Koch employees smiling. He is intelligent, having graduated from MIT. But his ideas are radical and dangerous to democracy. Think of him as the John Henry "Mudsill' Hammond of our day.

Expand full comment
Sep 7, 2023Liked by Robert B. Hubbell

Fantastic newsletter! After watching an excellent discussion about the terrible situation in Wisconsin on Nicole Wallace last night, I was feeling very discouraged. Your coverage of possible remedies was a real tonic. And I greatly appreciated your giving us

Amanda Shandruck's excellent article and charts regarding climate change. I share her opinion on the necessity but also risk of hope. I encourage everyone to thank President Biden for this very positive action on drilling.

Expand full comment
Sep 7, 2023Liked by Robert B. Hubbell

' I’ve covered a lot of ground in today’s newsletter.' Understatement!

Expand full comment
founding
Sep 7, 2023Liked by Robert B. Hubbell

It would be fine to have Trump kept off the ballot in Colorado, but the Republican candidate is not going to win Colorado. Now, if Trump can be kept off the ballot in Pennsylvania or Arizona or Georgia, that will be a different story. But if a case under Sec. 3 of the 14th goes to the Extreme Court, what will be the result? Will any of the reactionaries vote to apply the plain language? Or will they take refuge in observing that no court has found the Mango Mussolini guilty of insurrection, that he has not even been charged with that crime (just all the other ones). For social and political reasons, he must be beaten at the ballot box.

Expand full comment
author

I worry that the Court will rule that Section 5 of the 14th Amendment requires Congress to pass enabling legislation to enforce Section 3, which it has not done. That is what two judges have already ruled (Arizona and Florida). I don't think that is correct, but it is an argument based on the text of the 14th Amendment.

Expand full comment

“… it is an argument based on the text of the 14th Amendment.” –

If the writers of that Amendment thought the disqualification wasn’t self-executing, wouldn’t they have followed it with a statement authorizing different bodies to enforce it?

Hasn’t “textualism” run amok?

Similarly for the “arguments” being advanced that the 14th Amendment was intended only to apply to Confederates – If that were so, wouldn’t the writers of the Amendment have specified the Confederacy? Instead they penned a broad principle. They must have known what they were doing.

“Textualism” – BAH !

Expand full comment
founding

I agree. They will surely do whatever they can to avoid ruling the insurrectionists off the ballot. But to be fair--it wouldn't hurt to be fair to the reactionaries once, would it?--they would likely work hard to keep the Democrats off the ballot. And using legalism to bar Trump from the ballot would only be further justification for his self-victimization and his followers' outrage. We need to beat him at the ballot box by 10 or 15 or 20 million votes.

Expand full comment

It has to start somewhere Jon and Colorado is as good a place as any. I agree that it's a long shot and not great strategy by itself but anything that will create doubt in the minds of potential Trump voters before they head out to vote is worth the shot. At the end of the day, your closing point is the only thing that really matters; everything else is window dressing unless all 50 states make the same disqualifying decision.

Expand full comment

They need precedence so it's dicey either way

Expand full comment
Sep 7, 2023Liked by Robert B. Hubbell

What a great edition today.

On the topic of electing Biden--I am so done with CNN.com. Their big banner “top of the fold” headline for the last few hours has been why no one wants Biden. They keep changing the wording. One said that the majority of voters want ANY GOP candidate over Biden. What??? Well we all know we shouldn’t pay attention to polls but these screaming headlines are infuriating me. I guess I need to stop checking because it’s unhealthy. CNN is bad for my health.

Expand full comment
author

I will address the CNN poll in tonight's newsletter.

Expand full comment

Thank you!

Expand full comment

Yes, bad for our health and bad for democracy. Rarely see tv during the day, but coffee wasn’t ready and with impaired judgement, turned it on. That lasted under 45 seconds. CNN huge red banner included: Majority of Dems DEEPLY UNHAPPY over Biden running. (Uppercase my own.) Believe that was the Dana Bash show. Message to self: Wait for the coffee! Okay back to Vote Forward and letters to VA voters. Feel better already.

Expand full comment
Sep 7, 2023Liked by Robert B. Hubbell

Interesting to note the Citizens of Colorado are Republican and unaffiliated. ⬇️

“ according to a lawsuit filed today by six Republican and unaffiliated Colorado voters including former state, federal and local officials.”

Thanks for the link, Robert!

Expand full comment
Sep 7, 2023·edited Sep 7, 2023Liked by Robert B. Hubbell

Thank you for posting Leigh McGowan's You Tube "rant" regarding the upcoming election in Virginia. Leigh is an extremely bright and energetic warrior for Democracy and I highly recommend her podcast "Politics Girl". Her weekly podcasts never disappoint and her enthusiasm is contagious.

I wish I could find the episode (from sometime this summer ) where she delivered a very convincing case to vote for Joe Biden in 2024. She makes it clear that voting for Joe is a "no brainer". It needs to be put on a loop and played all over this country as we march into 2024.

https://podcasts.apple.com/us/podcast/the-politicsgirl-podcast/id1595408601

Expand full comment
Sep 7, 2023Liked by Robert B. Hubbell

Sorry to comment on another matter. The Colorado suit. This is THE defining moment of democracy’s future in America. The long fuse laid by the Republican (Death) Party has been lit! The days ahead now will assuredly promise tumult. There was never a more momentous action since the runup to the civil war. Pray for a nonviolent resolution but a boil has been lanced.

Expand full comment
author

Maybe. I agree with the lawsuit, but I fear it will fizzle. The Supreme Court may duck the issue by saying that Section 5 of the 14th Amendment requires Congress to pass enabling legislation to enforce Section 3, which it has not done. That is what two judges have already ruled (Arizona and Florida). I don't think that is correct, but it is an argument based on the text of the 14th Amendment.

Expand full comment

Just so. The SCOTUS rejection will be a boost for Dem turnout. Thats our backstop.

Expand full comment
Sep 7, 2023Liked by Robert B. Hubbell

Unbridled and gritty optimism: love it!

Expand full comment
Sep 7, 2023Liked by Robert B. Hubbell

Love it, Jim. This is what Winston Churchill said of his own "gritty optimism:" "For myself, I am an optimist. It does not seem to be much use being anything else."

Expand full comment