Heather Cox Richardson's Blog, page 107
April 26, 2024
April 25, 2024
“I am in shock that a lawyer stood in the U.S. Supreme Court and said that a president could assassinate his political opponent and it would be immune as ‘an official act,’” lawyer Marc Elias, whose firm defends democratic election laws, wrote today on social media. He added: “I am in despair that several Justices seemed to think this answer made perfect sense.”
Elias was referring to the argument of Trump’s lawyer before the Supreme Court today that it could indeed be an “official act” for which a president should be immune from criminal prosecution if “the president decides that his rival is a corrupt person and he orders the military or orders someone to assassinate him.”
The Supreme Court today heard close to three hours of oral argument over Trump v. United States, which concerns former president Trump’s claim of absolute immunity from criminal charges for “official acts”: in this case, his attempt to overturn the lawful results of the 2020 presidential election and to stay in office against the will of the voters.
That is, like the authoritarian leaders he admires, Trump tried to steal the 2020 presidential election and seize the presidency. Sometimes I worry that the enormity of that crime against our democracy is becoming normalized.
It was not normalized by grand jury members who reviewed the evidence of that effort; they indicted Trump in August 2023 on four counts. But Trump responded by claiming that a president cannot be prosecuted for official acts and that a former president cannot be prosecuted unless the House of Representatives has impeached him and the Senate convicted him.
Justice Clarence Thomas, whose wife, Ginni, participated in that effort, did not recuse himself from today’s hearing, and the court did not object to his presence.
Ruth Marcus of the Washington Post noted that the justices on the court seemed to be weighing “which poses the greater risk—putting a criminal president above the law or hamstringing noncriminal presidents with the risk of frivolous or vindictive prosecutions brought by their successors.”
The liberals on the court focused on the former—after all, the case is about whether Trump should answer to criminal indictments for trying to overturn our democracy. Justice Ketanji Brown Jackson noted: “If someone with those kinds of powers, the most powerful person in the world with the greatest amount of authority, could go into office knowing that there would be no potential penalty for committing crimes, I’m trying to understand what the disincentive is from turning the Oval Office into, you know, the seat of criminal activity in this country.”
In contrast, the right-wing justices focused on the risk of vindictive prosecutions, which has been the heart of Trump’s argument for complete immunity. Trump insists that without immunity, a president will be afraid to make controversial decisions out of fear of later prosecution. Such a lack of immunity would destroy the presidency, he has argued, claiming that he is simply trying to protect the office.
And yet he is the first of 45 presidents to be charged with a crime, and no previous president made any claim of immunity.
Nonetheless, the right-wing justices made it clear they were more interested in the future than in the present. In their comments they stayed far away from Trump and focused instead on presidents in the past and the future. (Conservative judge Michael Luttig noted: “The Court and the parties discussed everything but the specific question presented.”)
Justice Neil Gorsuch said: “I’m not concerned about this case, but I am concerned about future uses of the criminal law to target political opponents based on accusations about their motives.” Justice Samuel Alito tried to turn the argument for accountability upside down by suggesting that complete immunity would be more likely to encourage presidents to leave office, because if a president knew they could be prosecuted for crimes, they would be less likely to leave peacefully.
Indeed, Marcus wrote: “The conservative justices’ professed concerns over the implications of their rulings for imaginary future presidents, in imaginary future proceedings, seemed more important to them than bringing Trump to justice.” Constitutional law professor Anthony Michael Kreis was more concrete in his reaction; he found it “[u]nbelievable that Supreme Court justices who see forgiving student loans, mandating vaccines, and regulating climate change as a slippery slope toward tyranny were not clear-eyed on questions of whether a president could execute citizens or stage a coup without being prosecuted.”
The court’s decision will likely take weeks and thus will delay Trump’s trial for crimes committed in his attempt to overturn the results of the 2020 election, likely until after the 2024 election. On Monday, April 22, former representative Liz Cheney (R-WY), who served as vice chair of the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol, called out Trump’s attacks on the legal system and delays to avoid accountability. In a New York Times op-ed, Cheney reminded the justices that delay would mean that the American people would not get to hear the testimony and evidence Special Counsel Jack Smith has uncovered before the 2024 election.
“It cannot be that a president of the United States can attempt to steal an election and seize power but our justice system is incapable of bringing him to trial before the next election four years later,” she wrote.
And yet, here we are.
Voters’ right to know what a candidate for president did to overthrow the will of the people in a previous election is at stake in today’s arguments. But so is the rule of law on which our democracy stands. The rule of law means that laws are made according to established procedures rather than a leader’s dictates, and that they are reasonable. Laws are enforced equally. No one is above the law, and everyone has an obligation to obey the law.
As Justice Elena Kagan noted today: “The framers did not put an immunity clause into the Constitution. They knew how to; there were immunity clauses in some state constitutions. They didn’t provide immunity to the president. And, you know—not so surprising—they were reacting against a monarch who claimed to be above the law. Wasn’t the whole point that the president was not a monarch and the president was not supposed to be above the law?”
Indeed.
“[W]here, say some, is the King of America?” Thomas Paine wrote in Common Sense, the 1776 pamphlet that convinced British colonists in North America to cut ties with their king and start a new nation. “[I]n America the law is king. For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other.”
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Notes:
https://www.reuters.com/legal/us-supreme-court-weighs-trumps-bid-immunity-prosecution-2024-04-25/
https://www.washingtonpost.com/opinions/2024/04/25/trump-immunity-supreme-court-jan-6/
https://www.oyez.org/cases/2023/23-939
https://www.motherjones.com/politics/2024/04/samuel-alito-supreme-court-trump-immunity/
https://www.nytimes.com/2024/04/22/opinion/trump-immunity-supreme-court.html
https://www.vox.com/scotus/24140309/supreme-court-donald-trump-immunity-jack-smith
https://www.annenbergclassroom.org/glossary_term/rule-of-law/
https://calhum.org/files/uploads/program_related/TD-Thomas-Paine-Common-Sense.pdf
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April 25, 2024
April 24, 2024
April 24, 2024
This morning, President Joe Biden signed into law the $95 billion national security supplemental bill providing military aid to Ukraine, Israel, and the Indo-Pacific, as well as humanitarian aid to Gaza and other peoples suffering humanitarian crises. The Pentagon immediately sent about a billion dollars worth of ammunition, air defense munitions, and artillery rounds, as well as weapons and armored vehicles to Ukraine. The U.S. Department of Defense had moved supplies into Poland and Germany in hopes that the measure would pass; they should move into Ukraine soon.
The Pentagon also said today that in mid-March it provided Ukraine Army Tactical Missile Systems, or ATACMS, with a range of 185 miles (300 kilometers), twice that of previous weapons sent by the U.S.
For many months, Ukraine has been desperately short of supplies, especially ammunition, and its war effort has suffered as it waited for the reinforcements that are finally on their way.
In a speech after signing the law, Biden explained that the U.S. would send equipment to Ukraine from its own stockpiles and then “replenish those stockpiles with new products made by American companies here in America: Patriot missiles made in Arizona, Javelins made in Alabama, artillery shells made in Ohio, Pennsylvania, and Texas. In other words, we’re helping Ukraine while at the same time investing in our own industrial base, strengthening our own national security, and supporting jobs in nearly 40 states all across America.”
Biden emphasized that the law is “going to make America safer. It’s going to make the world safer. And it continues America’s leadership in the world, and everyone knows it.” But he called out that border security was missing from the bill, and he promised to bring that measure back.
Biden made it a point “to thank everyone in Congress who made it possible, especially the bipartisan leadership: Speaker of the House, Mike Johnson; Leader Jeffries; Leaders Schumer and McConnell. They don’t always agree, but when it matters most, they stepped up and did the right thing. And I mean this sincerely, history will remember this time.”
“We don’t walk away from our allies; we stand with them. We don’t let tyrants win; we oppose them. We don’t merely watch global events unfold; we shape them. That’s what it means to be the…indispensable nation. That’s what it means to be the world’s superpower and the world’s leading democracy. Some of our MAGA Republican friends reject that vision,” he said, “but this vote makes it clear: There is a bipartisan consensus for that kind of American leadership. That’s exactly what we’ll continue to deliver.”
This morning, Arlette Saenz of CNN reported on the six months of behind-the-scenes negotiating Biden and his team engaged in to get House speaker Mike Johnson (R-LA) behind Ukraine aid. Meetings, phone calls, defense briefings, and so on, laid out for Johnson just what abandoning Ukraine would mean for U.S. and global security.
Biden urged his team to stay in close contact with Johnson, as well as House minority leader Hakeem Jeffries (D-NY), Senate majority leader Chuck Schumer (D-NY), and Senate minority leader Mitch McConnell (R-KY), but to avoid attacking Johnson in order to allow room to move discussions forward.
Counselor to the president Steve Ricchetti, a key negotiator, told Saenz: “He just kept saying, ‘Keep talking. Keep working.’ You know, keep finding ways to resolve differences. And that was his direction.”
Biden’s focus on the slow, steady work of governance is a change from the actions of Republican leaders since 1981 whose goal was not to build up successful programs that helped Americans in general, but rather to slash the government. Killing programs requires only saying no to other people’s ideas and riling up voters to endorse that anti-government program by flame-throwing on right-wing media.
Over the years, it seems we have become accustomed to the idea that flame-throwing defines politics, but in fact, Biden’s reliance on slow, careful negotiation harks back to the eras when leaders sought to build coalitions and find common ground in order to pass legislation.
North America’s Building Trades Unions (NABTU) acknowledged the power of Biden’s approach today when it endorsed Biden for president in 2024. The union’s president, Sean McGarvey, noted that Trump had promised to protect pensions and to pass infrastructure laws that would help employment in the building trades, but did neither. In contrast, Biden worked to pass the American Rescue Plan, which protected pensions, and the Bipartisan Infrastructure Law, the Chips and Science Act, and the Inflation Reduction Act, which McGarvey said “have brought life-changing, opportunity-creating, generational change focused on the working men and women of this great country who have for far too long been clamoring for a leader to finally keep their word.”
In an ad, McGarvey said: “Donald Trump is incapable of running anything, let alone the most powerful country in the history of the world.”
The NABTU has 3 million members across the country and has committed to investing heavily to organize workers to vote for Biden and Vice President Kamala Harris in the battleground states of Pennsylvania, Michigan, and Wisconsin, where about 250,000 of their members live.
Trump has other problems today, as well, after an Arizona grand jury yesterday indicted 11 of the fake electors in that state with conspiracy, fraudulent schemes and artifices, fraudulent schemes and practices, and forgery for their attempt to overturn the results of the 2020 presidential election.
Those charged included state senators Jake Hoffman and Anthony Kern, former Arizona Republican Party chair Kelli Ward, and Tyler Bowyer of the right-wing advocacy organization Turning Points Action. The indictment lists seven other co-conspirators, who are not yet named but who appear from descriptions to include Trump lawyers Rudy Giuliani, John Eastman, Christina Bobb, Boris Epshteyn, and Jenna Ellis; Trump campaign operative Mike Roman; and Trump’s former chief of staff Mark Meadows. Bobb is now senior counsel for “election integrity” for the Republican National Committee.
Trump is listed as an unindicted co-conspirator.
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Notes:
https://apnews.com/article/ukraine-russia-pentagon-weapons-congress-54045b0755b1711d0e22beaedf137cab
https://www.dw.com/en/ukraine-us-to-deliver-weapons-via-germany-and-poland/a-68912696
https://amp.cnn.com/cnn/2024/04/24/politics/white-house-ukraine-funding-push
https://www.voanews.com/a/russia-says-ukrainian-drones-sparked-fires-in-several-regions/7582800.html
https://www.voanews.com/a/russia-says-ukrainian-drones-sparked-fires-in-several-regions/7582800.html
https://nabtu.org/press_releases/nabtu-endorses-biden-for-president-2024/
https://www.cnn.com/2024/04/23/politics/biden-building-trades-union-endorsement/index.html
MSNBC:
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April 23, 2024
April 23, 2024
In the past two days, the Biden-Harris administration has announced a wide range of new rules to protect ordinary Americans.
Yesterday, Vice President Kamala Harris announced that the administration has finalized two new rules affecting patients in nursing homes and receiving home care, as well as the workers who care for them. The first sets minimum staffing requirements for facilities funded by Medicare and Medicaid, and the second concerns how home healthcare companies account for Medicaid funding.
In a speech at the Hmong Cultural and Community Agency in La Crosse, Wisconsin, Harris noted the extraordinary value of healthcare workers. She also explained that about 1.2 million Americans live in federally funded nursing homes, which make up about four fifths of the nursing homes in the country. But the majority of those homes—about 75% of them—are understaffed. This is dangerous and isolating for patients and demoralizing for workers, who have high rates of burnout and turnover.
Now, nursing homes that receive federal funding will have to provide at least 3.48 hours of nursing care per resident every day, less than the 4.1 hours the Centers for Medicare and Medicaid Services advocate but enough to require the hiring of about 12,000 registered nurses and 77,000 aides, at an annual cost of almost $7 billion.
Consumer organizations and labor unions pushed for the new rule, but nursing home operators strongly oppose the new mandate, saying it will force facilities to close because of a shortage of nurses. In response, Health and Human Services secretary Xavier Becerra told Tami Luhby of CNN that no one should live in facilities that are unsafe or should receive inferior care. Luhby noted that the Centers for Medicare and Medicaid Services in September launched a $75 million campaign to increase the number of nurses in nursing homes.
The second rule the vice president announced had to do with home health aides. Medicaid currently pays about $125 billion a year to home healthcare companies, which employ hundreds of thousands of workers providing services for elderly and disabled Americans. These companies have never been required to report how that money was being spent. Now they will be required to spend 80% of the federal dollars they receive on workers’ salaries rather than administrative overhead.
Also yesterday, the Office for Civil Rights at the U.S. Department of Health and Human Services announced a final rule that strengthens the HIPAA medical privacy rule for people from states that ban abortions who seek reproductive health care in states that permit them. In response to threats by Republican state officials to charge women who cross state lines to obtain abortion, contraception, or fertility treatments, the new rule prohibits health care providers, health plans, and other entities from disclosing patients’ reproductive health care records to state officials when they are being sought to investigate or charge patients, doctors, or others.
Today, the Labor Department announced a new rule that would guarantee that salaried workers who make less than $59,000 a year are compensated fairly for overtime work. The Trump administration set the salary threshold for those who did not have overtime protections at $35,568. As of July 1, 2024, the threshold will be $43,888, and on January 1, 2025, it will rise to $58,656. Senator Patty Murray (D-WA), former chair of the Senate Committee on Health, Education, Labor, and Pensions, said the change could affect 4 million workers.
“Too often, lower-paid salaried workers are doing the same job as their hourly counterparts but are spending more time away from their families for no additional pay,” acting secretary of the Department of Labor Julie Su said. “That is unacceptable. The Biden-Harris administration is following through on our promise to raise the bar for workers who help lay the foundation for our economic prosperity.”
Also today, the Federal Trade Commission (FTC) voted 3–2 along party lines to ban the noncompete agreements that prevent workers from minimum-wage earners to top executives from changing jobs within the industry in which they work; senior executives can still be bound by such agreements. Initially used to protect trade secrets, noncompete clauses have expanded to cover what the FTC estimates to be 30 million people—one in five U.S. workers. They take away workers’ ability to improve their wages and conditions by quitting their jobs and moving to another company or starting their own. The FTC estimates that the end of such clauses could add almost $300 billion a year to workers’ wages.
“Robbing people of their economic liberty also robs them of all sorts of other freedoms,” FTC Chair Lina Khan said. Neil Bradley, head of strategic advocacy for the U.S. Chamber of Commerce, countered: “If they can issue regulations with respect to unfair methods of competition, then there’s really no aspect of the U.S. economy they couldn’t regulate.” The U.S. Chamber of Commerce plans to sue over the rule.
A CBS News/YouGov poll released Monday found that, although Biden and Harris have made addressing climate change a centerpiece of their administration, only 10% of the people who say they think climate change is a very important issue had heard or read a lot about what the administration has accomplished, and 49% said they had read not much or nothing about it. When told some of the things the administration has done, a strong majority of those who care about addressing climate change support those policies.
“Even people who feel the administration has done too little on climate change support these policies,” reporters for CBS News note. They conclude that the disconnect “may be more about Mr. Biden needing to get his message out there than having to convince this ‘climate constituency’—those who call the climate issue very important—of the substance of his policies.”
Meanwhile, today is the fourth anniversary of the press conference in which former president Donald Trump suggested injecting disinfectant to get rid of Covid, prompting the maker of Lysol to warn people not to use their disinfectant cleaning products internally. Four years later, Trump spent the day in a Manhattan courtroom, where his former friend David Pecker, who ran the company that published the National Enquirer tabloid magazine, testified for the prosecution.
Legal analyst Lisa Rubin summarized Pecker’s testimony, noting that the big takeaways were that Trump and Pecker were transactional friends for decades and that “the agreement they struck in 2015 went way beyond the ‘catch and kill’ aspect of the scheme that has been known for years.” Together, they not only killed stories damaging to Trump, but also pushed fake stories about Ben Carson, Ted Cruz, and Marco Rubio, who were running against him for the 2016 Republican nomination, as well as Democratic rival Hillary Clinton.
As the trial grabs headlines, Trump’s power seems to be diminishing. He is demonstrably not in power in the courtroom, where he must do as the judge tells him and reporters say he has often fallen asleep, and none of his family members have shown up to support him.
Trump seems aware that his power is waning. Early yesterday, he called for supporters to “RALLY BEHIND MAGA,” but only a handful of people gathered outside the courthouse. Today he claimed that the turnout was low because police had “completely CLOSED DOWN” the streets around the courthouse. That was a lie: the streets, the sidewalk, even the courthouse have remained open to the public.
Pennsylvania’s primary election today revealed Trump’s real electoral weakness. He won about 83.5% of the Republican votes, but Nikki Haley, who dropped out of the race in early March and has not campaigned since, won 16.5%. In the suburbs of Philadelphia, the so-called “collar counties,” Haley won closer to 25% of the Republican vote.
Biden, meanwhile, took the fight against MAGA Republicans to Trump’s home state of Florida. There, an extreme abortion ban signed into law by Republican Governor Ron DeSantis will take effect on May 1, but in November, Florida voters will have the option to add protections for abortion before fetal viability to the state constitution, returning the state to the standards it had before the Supreme Court overturned Roe v. Wade. That measure is expected to energize Democrats in the state.
And then, tonight, by a vote of 79–18, the Senate passed the $95 billion national security supplemental bill that provides funding, mostly for military supplies, to Ukraine, Israel, and the Indo-Pacific and humanitarian aid for war-torn countries; requires the sale of TikTok; and permits confiscating Russian assets. MAGA Republicans are still adamantly opposed to aid for Ukraine, but a strong bipartisan majority has finally gotten the chance to weigh in.
As soon as the measure passed, Biden issued a statement, saying: “Tonight, a bipartisan majority in the Senate joined the House to answer history’s call at this critical inflection point. Congress has passed my legislation to strengthen our national security and send a message to the world about the power of American leadership: we stand resolutely for democracy and freedom, and against tyranny and oppression.”
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Notes:
https://www.cnn.com/2024/04/22/politics/nursing-home-minimum-staffing-rule/index.html
https://www.dol.gov/newsroom/releases/whd/whd20240423-0
https://www.cbsnews.com/news/ftc-noncompete-agreement-ban/
https://www.washingtonpost.com/health/2024/04/22/abortion-medical-records-patients-biden-hipaa/
https://www.cbsnews.com/news/climate-policies-biden-poll/
https://www.wsj.com/politics/policy/ftc-bans-noncompete-clauses-that-restrict-job-switching-984d2187
https://www.dol.gov/agencies/whd/overtime/rulemaking
https://www.nytimes.com/2024/04/22/us/politics/trump-trial-protests.html
https://ballotpedia.org/Florida_Amendment_4,_Right_to_Abortion_Initiative_(2024)
https://www.washingtonpost.com/elections/results/2024/04/23/pennsylvania-primary/
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April 22, 2024
April 22, 2024
With the passage of the national security supplemental bill through the House of Representatives on Saturday, Punchbowl News noted today, President Joe Biden became the winner of this Congress. When the Republicans took control of the House in January 2023, they vowed to impeach Biden and members of his Cabinet, overturn the signature legislation the Democrats had passed in 2021 and 2022, and force the Democrats to accept draconian immigration policies.
Instead, the impeachment effort against Biden collapsed into ridiculousness as, after months of hearings by the Committee on Oversight, Democrat Jared Moskowitz of Florida moved to impeach Biden and asked committee chair James Comer (R-KY) to second the motion. Comer refused. That admission that the point of the investigation into Biden was to create media soundbites against him was widely assumed to be the end of that project. Last week, on April 17, the top Democrat on the committee, Jamie Raskin of Maryland, called it “a propaganda experiment” and asked Comer: “What is the crime that you want to impeach Joe Biden for and keep this nonsense going?... Tell America right now.” Comer answered: “You’re about to find out very soon.”
The House did, in fact, vote to impeach Homeland Security secretary Alejandro Mayorkas—the first time that a cabinet secretary has been impeached in almost 150 years—but senators refused even to hold a trial, saying that Mayorkas’s implementation of Biden’s policies in the absence of congressional legislation to provide more security at the border was not a high crime or misdemeanor.
House Republicans did not get the deep cuts they wanted to funding for the Internal Revenue Service, measures to address climate change, social welfare measures, or the budget in general. Instead, leaders have had to rely on Democrats to carry the weight of keeping the government funded, while Republicans have repeatedly been caught touting the internal improvements they voted against. Republicans demanded a strong border security measure, forced senators to spend months hammering one out, and then killed it in an astonishing own goal, at Trump’s demand. And the extremists did not succeed in abandoning Ukraine.
Instead, they have had a bruising fight in which they threw out their own speaker, Kevin McCarthy (R-CA), and had trouble replacing him. Shortly thereafter, he left Congress, leading the way for more than 20 Republican representatives, including five committee chairs, who have said they will not seek reelection. They had to expel one of their own members, George Santos (R-NY), a serial liar who is under indictment for crimes associated with campaign financing—only the sixth time in U.S. history the House has expelled a member.
In November 2023, extremist representative Chip Roy (R-TX) charged his colleagues with throwing away their shot at changing the country. He demanded one of them “explain to me one material, meaningful, significant thing the Republican majority has done.”
Now those opposed to the extremists are firing back, publicly charging them with killing border security. Tony Gonzales (R-TX) went further, telling Dana Bash of CNN on Sunday: “It’s my absolute honor to be in Congress, but I serve with some real scumbags. Matt Gaetz [R-FL], he paid minors to have sex with him at drug parties. Bob Good [R-VA] endorsed my opponent, a known neo-Nazi. These people used to walk around with white hoods at night. Now they’re walking around with white hoods in the daytime.”
The chaos of the House has shifted the weight of governance toward the White House, and Biden has taken advantage of that shift to put in place measures popular with the majority of Americans. Today, on Earth Day, Biden also honored the idea of a government that works for the people when he spoke at the Prince William Forest Park in Triangle, Virginia, a national park developed in the 1930s by the government’s Works Progress Administration under the New Deal.
Biden called attention to the country’s historic investment in addressing climate change under his administration. He noted that that investment has created a clean-energy manufacturing boom that has attracted hundreds of billions of dollars in private-sector investment and created more than 270,000 new jobs.
In Virginia, Biden announced $7 billion in federal grants for solar projects for more than 900,000 low- and middle-income households, saying those projects would save those households about $400 a year annually, more than $350 million total. The projects will also create nearly 200,000 jobs.
Biden also announced the launch of the website to apply to join the American Climate Corps (ACC), an initiative modeled after New Deal president Franklin Delano Roosevelt’s Civilian Conservation Corps (CCC). Over its nine-year existence, the CCC employed more than three million young men improving the nation’s public lands, forests, and parks, many of whom earned their high school diplomas thanks to the educational opportunities connected to the program.
When the administration unveiled the American Climate Corps program last year, more than 42,000 young people expressed interest within weeks. The first ACC jobs will start in June. Beginning this summer, ACC members will have access to training in trades, thanks to a partnership between the program and the North America’s Building Trades Unions’ nonprofit partner TradesFutures.
This national shift toward a government focused on the good of ordinary Americans is facing a backlash.
As right-wing voices have lost control in Congress, they have worked aggressively to take over states. There, they have pushed extreme abortion bans, gutted labor laws including for child labor, restricted voting, banned books from public schools, worked to privatize education, and so on—precisely the sort of reactionary state movements the U.S. Supreme Court used the Fourteenth Amendment to undermine from the 1950s to the 1970s.
Today, on Earth Day, The Guardian reported that Louisiana’s flagship state university, Louisiana State University (LSU), has permitted oil and chemical companies to influence research and teaching activities concerning climate change in exchange for donations to the university.
The attempt to cement right-wing dominance in the states in opposition to a more liberal national government is a political tradition almost as old as this country, but in 2024 it is being challenged. On Friday, April 19, Volkswagen workers in Chattanooga, Tennessee, voted overwhelmingly to join the United Auto Workers (UAW), despite a letter from the Republican governors of six southern states—Alabama, Georgia, Mississippi, South Carolina, Tennessee, and Texas—warning the workers that unionization would stop auto manufacturers from expanding in their states.
Similar votes, with similar opposition from Republican leaders and business interests, failed in 2014 and 2019. This time, 73% of the workers voted to join the UAW, which has just negotiated strong contracts with the Big Three U.S. automakers. In a statement, Biden said: “Let me be clear to the Republican governors that tried to undermine this vote: there is nothing to fear from American workers using their voice and their legal right to form a union if they so choose. In fact, the growing strength of unions over the last year has gone hand-in-hand with record small business and jobs growth alongside the longest stretch of low unemployment in more than 50 years. I will continue to stand with American workers and stand against [Republicans’] effort to weaken workers’ voice.”
Tennessee reporter Phil Williams noted that the Beacon Center, a right-wing think tank in the state, tried to tell Tennesseans that the UAW has a “radical political agenda,” but its own latest poll shows that the people of Tennessee view the UAW’s unionization efforts in the state favorably. (The research also shows that only 12% of likely voters in Tennessee believe the current U.S. tax system is “fair and effectively supports public services.”)
Today also saw the opening statements of The People of the State of New York v. Donald J. Trump. The prosecution outlined a 2015 meeting in Trump Tower in which Trump, his then-fixer Michael Cohen, and David Pecker, the chief executive officer of American Media Inc., the publisher of the National Enquirer, struck an agreement to influence the 2016 election by finding negative information about Trump and hiding it, publishing flattering stories about Trump, and attacking Trump’s political opponents.
The defense said Trump is innocent and called Cohen a liar, pointing out that he is a convicted felon (without noting that he committed crimes in Trump’s service).
Pecker took the stand for about 20 minutes before court ended for the day. He is expected to testify again tomorrow.
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Notes:
https://punchbowl.news/article/joe-biden-winning-this-congress/
https://www.newsweek.com/chip-roy-texas-republican-house-representatives-speech-1844256
https://www.thedailybeast.com/gop-lawmaker-eviscerates-his-own-party-on-cnn-some-real-scumbags
https://www.axios.com/2024/04/22/house-republicans-greene-border-security-foreign-aid
https://www.theguardian.com/us-news/2024/apr/21/louisiana-state-university-oil-firms-influence
https://www.nps.gov/articles/the-civilian-conservation-corps.htm
https://www.npr.org/2023/09/20/1200483937/biden-climate-corps-job-training
https://www.npr.org/2024/04/22/1245979643/biden-earth-day-climate-corps-solar
https://www.latimes.com/opinion/story/2024-04-21/alejandro-mayorkas-congress-impeachment-senate-vote
https://www.politico.com/news/2024/04/20/uaw-volkswagen-tennessee-00153486
https://billmoyers.com/2014/04/01/a-smoking-gun-in-tennessee-pols-anti-uaw-campaign/
https://www.insurancejournal.com/news/southeast/2024/04/22/770979.htm
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April 21, 2024
April 21, 2024
During her confirmation hearings in 2021, Interior Department secretary Deb Haaland promised “to responsibly manage our natural resources to protect them for future generations—so that we can continue to work, live, hunt, fish, and pray among them.” Noting her Indigenous heritage, Haaland tweeted, “A voice like mine has never been a Cabinet secretary or at the head of the Department of Interior…. I’ll be fierce for all of us, our planet, and all of our protected land.”
Her approach was a shift from the practice the Interior Department had established at the beginning of the twentieth century when it began to prioritize mineral, oil, and gas development, as well as livestock grazing, on U.S. public lands. But the devastating effects of climate change have brought those old priorities into question.
Republicans, especially those from states like Wyoming, which collects more than a billion dollars a year in royalties and taxes from the oil, gas, and coal produced on federal lands in the state, opposed Haaland’s focus on responsible management of natural resources for the future and warned that the Biden administration is “taking a sledgehammer to Western states’ economies.”
On Thursday, April 18, the Interior Department finalized a new rule for a balanced management of America’s public lands. Put together after a public hearing period that saw more than 200,000 comments from states, individuals, Tribal and local governments, industry groups, and advocacy organizations, the new rule prioritizes the health of the lands and waters the Interior Department’s Bureau of Land Management oversees. Those consist of about 245 million acres, primarily in 12 western states.
The new rule calls for protection of the land, restoration of the places that have been harmed in the past, and a promise to make informed decisions about future use based on “science, data, and Indigenous knowledge.” It “recognizes conservation as an essential component of public lands management, on equal footing with other multiple uses of these lands.” The Bureau of Land Management will now auction off leases not only for drilling, but also for conservation and restoration.
Western state leaders oppose the Biden administration’s efforts to change the Interior Department’s past practices, calling them “colonial forces of national environmental groups who are pushing an agenda” onto states like Wyoming.
The timing of the Interior Department’s new rule can’t help but call attention to Earth Day, celebrated tomorrow, on April 22. Earth Day is no novel proposition. Americans celebrated it for the first time in 1970. Nor was it a partisan idea in that year: Republican president Richard M. Nixon established it as Americans recognized a crisis that transcended partisanship and came together to fix it.
The spark for the first Earth Day was the 1962 publication of marine biologist Rachel Carson’s Silent Spring, which showed the devastating effects of people on nature by documenting the effect of modern pesticides on the natural world. Her exposé of how the popular pesticide DDT was poisoning the food chain in American waters illuminated the dangerous overuse of chemicals and their effect on living organisms, and it caught readers’ attention. Carson’s book sold more than half a million copies in 24 countries.
Democratic president John F. Kennedy asked the President’s Science Advisory Committee to look into Carson’s argument, and the committee vindicated her. Before she died of breast cancer in 1964, Carson noted: "Man's attitude toward nature is today critically important simply because we have now acquired a fateful power to alter and destroy nature. But man is a part of nature, and his war against nature is inevitably a war against himself? [We are] challenged as mankind has never been challenged before to prove our maturity and our mastery, not of nature, but of ourselves."
As scientists organized the Environmental Defense Fund, Americans began to pay closer attention to human effects on the environment, especially after three crucial events. First, on December 24, 1968, astronaut William Anders took a color photograph of the Earth rising over the horizon of the moon from outer space during the Apollo 8 mission, powerfully illustrating the beauty and isolation of the globe on which we all live.
Then, over 10 days in January and February 1969, a massive oil spill off the coast of Santa Barbara, California, poured between 80,000 and 100,000 barrels of oil into the Pacific, fouling 35 miles of California beaches and killing seabirds, dolphins, sea lions, and elephant seals. Public outrage ran so high that President Nixon went to Santa Barbara in March to see the cleanup efforts, telling the American public that “the Santa Barbara incident has frankly touched the conscience of the American people.”
And then, in June 1969, the chemical contaminants that had been dumped into Cleveland’s Cuyahoga River caught fire. A dumping ground for local heavy industry, the river had actually burned more than ten times in the previous century, but with increased focus on environmental damage, this time the burning river garnered national attention.
In February 1970, President Nixon sent to Congress a special message “on environmental quality.” “[W]e…have too casually and too long abused our natural environment,” he wrote. “The time has come when we can wait no longer to repair the damage already done, and to establish new criteria to guide us in the future.”
“The tasks that need doing require money, resolve and ingenuity,” Nixon said, “and they are too big to be done by government alone. They call for fundamentally new philosophies of land, air and water use, for stricter regulation, for expanded government action, for greater citizen involvement, and for new programs to ensure that government, industry and individuals all are called on to do their share of the job and to pay their share of the cost.”
Meanwhile, Gaylord Nelson, a Democratic senator from Wisconsin, visited the Santa Barbara oil spill and hoped to turn the same sort of enthusiasm people were bringing to protests against the Vietnam War toward efforts to protect the environment. He announced a teach-in on college campuses, which soon grew into a wider movement across the country. Their “Earth Day,” held on April 22, 1970, brought more than 20 million Americans—10% of the total population of the country at the time—to call for the nation to address the damage caused by 150 years of unregulated industrial development. The movement included members of all political parties, rich Americans and their poorer neighbors, people who lived in the city and those in the country, labor leaders and their employers. It is still one of the largest protests in American history.
In July 1970, at the advice of a council convened to figure out how to consolidate government programs to combat pollution, Nixon proposed to Congress a new agency, the Environmental Protection Agency, which Congress created that December.
In honor of Earth Day 2024, Democratic president Joe Biden has called for carrying on the legacy of our predecessors “by building a greener, more sustainable planet and, with it, a healthier, more prosperous nation.”
In a statement, Biden noted that no one can any longer deny the impacts and staggering costs of climate change as the nation confronts historic floods, droughts, and hurricanes.
“Deforestation, nature loss, toxic chemicals, and plastic pollution also continue to threaten our air, lands, and waters, endangering our health, other species, and ecosystems,” he said. He noted the administration’s efforts to build a clean energy economy, providing well-paid union jobs as workers install solar panels, service wind turbines, cap old oil wells, manufacture electric vehicles, and so on, while also curbing air pollution from power plants and lead poisoning from old pipes, the burden of which historically has fallen on marginalized communities.
Biden noted that he brought the U.S. back into the Paris Climate Accord Trump pulled out of, is on track to conserve more lands and waters than any president before him, and has worked with the international community to slash methane emissions and restore lost forests.
And yet there is much more to be done, he said. He encouraged “all Americans to reflect on the need to protect our precious planet; to heed the call to combat our climate and biodiversity crises while growing the economy; and to keep working for a healthier, safer, more equitable future for all.”
Happy Earth Day 2024.
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Notes:
https://www.nytimes.com/2021/03/02/climate/biden-interior-department-haaland.html
https://www.nytimes.com/2021/02/22/climate/deb-haaland-interior.html
https://www.blm.gov/public-lands-rule
https://www.washingtonpost.com/climate-environment/2023/11/28/public-lands-wyoming-biden-oil-mining/
https://www.nrdc.org/stories/story-silent-spring
https://www.presidency.ucsb.edu/documents/special-message-the-congress-environmental-quality
https://www.epa.gov/history/origins-epa
https://www.earthday.org/history/
https://www.epa.gov/archive/epa/aboutepa/ddt-regulatory-history-brief-survey-1975.html
https://www.nps.gov/articles/story-of-the-fire.htm.
https://www.epa.gov/laws-regulations/discover-history-clean-water-act
https://nelsonearthday.net/gaylord-nelson-earth-day-origins/
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