Heather Cox Richardson's Blog, page 112
March 31, 2024
March 31, 2024
On Wednesday, President Joe Biden issued an executive order instructing the National Park Service to “highlight important figures and chapters in women’s history.” “Women and girls of all backgrounds have shaped our country’s history, from the ongoing fight for justice and equality to cutting-edge scientific advancements and artistic achievements,” the announcement read. “Yet these contributions have often been overlooked. We must do more to recognize the role of women and girls in America’s story, including through the Federal Government’s recognition and interpretation of historic and cultural sites.”
In a time when American women are seeing their rights stripped away, it seems worthwhile on this last day of Women’s History Month to highlight the work of Supreme Court Justice Ruth Bader Ginsburg, who challenged the laws that barred women from jobs and denied them rights, eventually setting the country on a path to extend equal justice under law to women and LGBTQ Americans.
Ginsburg was born in Brooklyn, New York, on March 15, 1933, in an era when laws, as well as the customs they protected, treated women differently than men. Joan Ruth Bader, who went by her middle name, was the second daughter in a middle-class Jewish family. She went to public schools, where she excelled, and won a full scholarship to Cornell. There she met Martin Ginsburg, and they married after she graduated. “What made Marty so overwhelmingly attractive to me was that he cared that I had a brain,” she later explained. Relocating to Fort Sill, Oklahoma, for her husband’s army service, Ginsburg scored high on the civil service exam but could find work only as a typist. When she got pregnant with their daughter, Jane, she lost her job.
Two years later, the couple moved back east, where Marty had been admitted to Harvard Law School. Ginsburg was admitted the next year, one of 9 women in her class of more than 500 students; a dean asked her why she was “taking the place of a man.” She excelled, becoming the first woman on the prestigious Harvard Law Review. When her husband underwent surgery and radiation treatments for testicular cancer, she cared for him and their daughter while managing her studies and helping Marty with his. She rarely slept.
After he graduated, Martin Ginsburg got a job in New York, and Ginsburg transferred to Columbia Law School, where she graduated at the top of her class. But in 1959, law firms weren’t hiring women, and judges didn’t want them as clerks either—especially mothers, who might be distracted by their “familial obligations.” Finally, her mentor, law professor Gerald Gunther, got her a clerkship by threatening Judge Edmund Palmieri that if he did not take her, Gunther would never send him a clerk again.
After her clerkship and two years in Sweden, where laws about gender equality were far more advanced than in America, Ginsburg became one of America’s first female law professors. She worked first at Rutgers University—where she hid her pregnancy with her second child, James, until her contract was renewed—and then at Columbia Law School, where she was the first woman the school tenured.
At Rutgers she began her bid to level the legal playing field between men and women, extending equal protection under the law to include gender. Knowing she had to appeal to male judges, she often picked male plaintiffs to establish the principle of gender equality.
In 1971 she wrote the brief for Sally Reed in the case of Reed vs. Reed, when the Supreme Court decided that an Idaho law specifying that “males must be preferred to females” in appointing administrators of estates was unconstitutional. Chief Justice Warren Burger, who had been appointed by Richard Nixon, wrote: “To give a mandatory preference to members of either sex over members of the other…is to make the very kind of arbitrary legislative choice forbidden by the Equal Protection Clause of the Fourteenth Amendment” to the Constitution.
In 1972, Ginsburg won the case of Moritz v. Commissioner. She argued that a law preventing a bachelor, Charles Moritz, from claiming a tax deduction for the care of his aged mother because the deduction could be claimed only by women, or by widowed or divorced men, was discriminatory. The United States Court of Appeals for the Tenth Circuit agreed, citing Reed v. Reed when it decided that discrimination on the basis of sex violated the Equal Protection Clause of the Fourteenth Amendment to the Constitution.
In that same year, Ginsburg founded the Women’s Rights Project at the American Civil Liberties Union (ACLU). Between 1973 and 1976, she argued six gender discrimination cases before the Supreme Court. She won five. The first time she appeared before the court, she quoted nineteenth-century abolitionist and women’s rights activist Sarah Grimké: “I ask no favor for my sex. All I ask of our brethren is that they take their feet off our necks.”
Nominated to the Supreme Court by President Bill Clinton in 1993, she was confirmed by a vote of 96 to 3. Clinton called her “the Thurgood Marshall of gender-equality law.”
In her 27 years on the Supreme Court, Ginsburg championed equal rights both from the majority and in dissent (which she would mark by wearing a sequined collar), including her angry dissent in 2006 in Ledbetter v. Goodyear Tire & Rubber when the plaintiff, Lilly Ledbetter, was denied decades of missing wages because the statute of limitations had already passed when she discovered she had been paid far less than the men with whom she worked. “The court does not comprehend or is indifferent to the insidious way in which women can be victims of pay discrimination,” Ginsburg wrote. Congress went on to change the law, and the first bill President Barack Obama signed was the Lilly Ledbetter Fair Pay Act.
In 2013, Ginsburg famously dissented from the majority in Shelby County v. Holder, the case that gutted the 1965 Voting Rights Act. The majority decided to remove the provision of the law that required states with histories of voter suppression to get federal approval before changing election laws, arguing that such preclearance was no longer necessary. Ginsburg wrote: “Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.” As she predicted, after the decision, many states immediately began to restrict voting.
Ginsburg’s dissent made her a cultural icon. Admirers called her “The Notorious R.B.G.” after the rapper The Notorious B.I.G., wore clothing with her image on it, dressed as her for Halloween, and bought RBG dolls and coloring books. In 2018 the hit documentary "RBG" told the story of her life, and as she aged, she became a fitness influencer for her relentless strength-training regimen. She was also known for her plain speaking. When asked when there would be enough women on the Supreme Court, for example, she answered: “[W]hen there are nine.”
Ginsburg’s death on September 18, 2020, brought widespread mourning among those who saw her as a champion for equal rights for women, LGBTQ Americans, minorities, and those who believe the role of the government is to make sure that all Americans enjoy equal justice under law. Upon her passing, former secretary of state Hillary Clinton tweeted: “Justice Ginsburg paved the way for so many women, including me. There will never be another like her. Thank you RBG.”
Just eight days after Ginsburg’s death, then-president Donald Trump nominated extremist Amy Coney Barrett to take her seat on the court, and then–Senate majority leader Mitch McConnell (R-KY) rushed her confirmation hearings so the Senate could confirm her before the 2020 presidential election. It did so on October 26, 2020. Barrett was a key vote on the June 2022 Dobbs v. Jackson Women’s Health Organization decision, the Supreme Court ruling that overturned the 1973 Roe v. Wade decision recognizing the constitutional right to abortion.
Ginsburg often quoted Justice Louis Brandeis’s famous line, “The greatest menace to freedom is an inert people,” and she advised people to “fight for the things you care about, but do it in a way that will lead others to join you.”
Setting an example for how to advance the principle of equality, she told the directors of the documentary RBG that she wanted to be remembered “[j]ust as someone who did whatever she could, with whatever limited talent she had, to move society along in the direction I would like it to be for my children and grandchildren.”
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Notes:
https://www.rollingstone.com/politics/politics-news/ruth-bader-ginsburg-dead-777835/
https://www.pbs.org/newshour/show/justice-ginsburg-enough-women-supreme-court
March 30, 2024
March 30, 2024
On Tuesday morning, on his social media outlet, former president Trump encouraged his supporters to buy a “God Bless The USA” Bible for $59.99. The Bible is my “favorite book,” he said in a promotional video, and said he owns “many.” This Bible includes the U.S. Constitution, the Bill of Rights, the Declaration of Independence, and the Pledge of Allegiance. It also includes the chorus of country music singer Lee Greenwood’s song “God Bless the USA,” likely because it is a retread of a 2021 Bible Greenwood pushed to commemorate the twentieth anniversary of 9-11.
That story meant less coverage for the news from last Monday, March 25, in which Trump shared on his social media platform a message comparing him to Jesus Christ, with a reference to Psalm 109, which calls on God to destroy one’s enemies.
This jumped out to me because Trump is not the first president to compare himself to Jesus Christ. In 1866, President Andrew Johnson famously did, too. While there is a financial component to Trump’s comparison that was not there for Johnson, the two presidents had similar political reasons for claiming a link to divine power.
Johnson was born into poverty in North Carolina, then became a tailor in Tennessee, where he rose through politics to the U.S. House of Representatives and then the Senate. In 1861, when Tennessee left the Union, Johnson was the only sitting senator from a Confederate state who remained loyal to the United States. This stand threw him into prominence. In 1862, President Abraham Lincoln named him the military governor of Tennessee.
Then, in 1864, the Republican Party renamed itself the Union Party to attract northern Democrats to its standard. To help that effort, party leaders chose a different vice president, replacing a staunch Republican—Hannibal Hamlin of Maine—with the Democrat Johnson.
Although he was elected on what was essentially a Republican ticket, Johnson was a Democrat at heart. He loathed the elite southern enslavers he thought had become oligarchs in the years before the Civil War, shutting out poorer men like him from prosperity, but he was a fervent racist who enslaved people himself until 1863. Johnson opposed the new active government the Republicans had built during the war, and he certainly didn’t want it to enforce racial equality. He expected that the end of the war would mean a return to the United States of 1860, minus the system of enslavement that concentrated wealth upward.
Johnson was badly out of step with the Republicans, but a quirk of timing gave him exclusive control of the reconstruction of the United States from April 15, 1865, when he took the oath of office less than three hours after Lincoln breathed his last, until early December. Congress had adjourned for the summer on March 4, expecting that Lincoln would call the members back together if there were an emergency, as he had in summer 1861. It was not due to reconvene until early December. Members of Congress rushed back to Washington, D.C., after Lincoln’s assassination, but Johnson insisted on acting alone.
Over the course of summer 1865, Johnson set out to resuscitate the prewar system dominated by the Democratic Party, with himself at its head. He pardoned all but about 1,500 former Confederates, either by proclamation or by presidential pardon, putting them back into power in southern society. He did not object when southern state legislatures developed a series of state laws, called Black Codes, remanding Black Americans into subservience.
When Congress returned to work on December 4, 1865, Johnson greeted the members with the happy news that he had “restored” the Union. Leaving soldiers in the South would have cost tax money, he said, and would have “envenomed hatred” among southerners. His exclusion of Black southerners from his calculus, although they were the most firmly loyal population in the South, showed how determined he was to restore prewar white supremacy, made possible by keeping power in the states. All Republican congressmen had to do, he said, was to swear in the southern senators and representatives now back in Washington, D.C., and the country would be “restored.”
Republicans wanted no part of his “restoration.” Not only did it return to power the same men who had been shooting at Republicans’ constituents eight months before and push northerners’ Black fellow soldiers to a form of quasi-enslavement, but also the 1870 census would count Black Americans as whole people rather than three fifths of a person, giving former Confederates more national political power after the war than they had had before it. Victory on the battlefields would be overturned by control of Congress.
Congressional Republicans rejected Johnson’s plan for reconstruction. Instead, they passed the Fourteenth Amendment in June 1866 and required the former Confederate states to ratify it before they could be readmitted to the United States. The Fourteenth Amendment put the strength of the national government behind the idea that Black Americans would be considered citizens—as the Supreme Court’s 1857 Dred Scott decision had denied. Then it declared that states could neither discriminate against citizens nor take away a citizen’s rights without due process of the law. To make sure that the 1870 census would not increase the power of former Confederates, it declared that if any state kept men over 21 from voting, its representation in Congress would be reduced proportionally.
Johnson hated the Fourteenth Amendment. He hated its broad definition of citizenship; he hated its move toward racial equality; he hated its undermining of the southern leaders he backed; he hated its assertion of national power; he hated that it offered a moderate route to reunification that most Americans would support. If states ratified it, he wouldn’t be able to rebuild the Democratic Party with himself at its head.
So he told southern politicians to ignore Congress’s order to ratify the Fourteenth Amendment, calling Congress an illegal body because it had not seated representatives from the southern states. He promised white southerners that the Democrats would win the 1866 midterm elections. Once back in power, he said, Democrats would repudiate the Republicans’ “radicalism” and put his plan back into place.
As he asserted his vision for the country, Johnson egged on white supremacist violence. In July, white mobs attacked a Unionist convention in New Orleans where delegates had called for taking the vote away from ex-Confederates and giving it to loyal Black men. The rioters killed 37 Black people and 3 white delegates to the convention.
By then, Johnson had become as unpopular as his policies. Increasingly isolated, he defended his plan for the nation as the only true course. In late August he broke tradition to campaign in person, an act at the time considered beneath the dignity of a president. He set off on a railroad tour, known as the “Swing Around the Circle,” to whip up support for the Democrats before the election.
Speaking from the same set of notes as the train stopped at different towns and cities from Washington, D.C., to New York, to Chicago, to St. Louis, and back to Washington, D.C., Johnson complained bitterly about the opposition to his reconstruction policies, attacked specific members of Congress as traitors and called for them to be hanged, and described himself as a martyr like Lincoln. And, noting the mercy of his reconstruction policies, he compared himself to Jesus.
It was all too much for voters. The white supremacist violence across the South horrified them, returning power to southern whites infuriated them, the reduction of Black soldiers to quasi-slaves enraged them, and Johnson’s attacks on Congress alarmed them. Johnson seemed determined to hand the country over to its former enemies to recreate the antebellum world that northerners had just poured more than 350,000 lives and $5 billion into destroying, no matter what voters wanted.
Johnson’s extremism and his supporters’ violence created a backlash. Northerners were not willing to hand the country back to the Democrats who were rioting in the South and to a president who compared himself to Jesus. Rather than turning against the Republicans in the 1866 elections, voters repudiated Johnson. They gave Republicans a two-thirds majority of Congress, enabling them to override any policy Johnson proposed.
And, in 1868, the states ratified the Fourteenth Amendment to the Constitution, launching a new era in the history of the United States.
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Notes:
https://www.thedailybeast.com/donald-trump-is-now-hawking-god-bless-the-usa-bibles
https://www.npr.org/2024/03/27/1241186975/donald-trump-bible-god-bless-usa
Chicago Tribune, August 28, 1866, p. 2.
https://www.presidency.ucsb.edu/documents/remarks-meeting-honor-washingtons-birthday
March 29, 2024
March 29, 2024
On Wednesday the nonprofit, nonpartisan Institute for the Study of War published a long essay explaining that Russia’s only strategy for success in Ukraine is to win the disinformation war in which it is engaged. While the piece by Nataliya Bugayova and Frederick W. Kagan, with Katryna Stepanenko, focused on Russia’s war against Ukraine, the point it makes about Russia’s information operation against Western countries applies more widely.
The authors note that the countries allied behind Ukraine dwarf Russia, with relative gross domestic products of $63 trillion and $1.9 trillion, respectively, while those countries allied with Russia are not mobilizing to help Russian president Vladimir Putin. Russia cannot defeat Ukraine or the West, they write, if the West mobilizes its resources.
This means that the strategy that matters most for the Kremlin is not the military strategy, but rather the spread of disinformation that causes the West to back away and allow Russia to win. That disinformation operation echoes the Russian practice of getting a population to believe in a false reality so that voters will cast their ballots for the party of oligarchs. In this case, in addition to seeding the idea that Ukraine cannot win and that the Russian invasion was justified, the Kremlin is exploiting divisions already roiling U.S. politics.
It is, for example, playing on the American opposition to sending our troops to fight “forever” wars, a dislike ingrained in the population since the Vietnam War. But the U.S. is not fighting in Ukraine. Ukrainians are asking only for money and matériel, and their war is not a proxy war—they are fighting for their own reasons—although their victory could well prevent U.S. engagement elsewhere in the future. The Kremlin is also playing on the idea that aid to Ukraine is too expensive as the U.S. faces large budget deficits, but the U.S. contribution to Ukraine’s war effort in 2023 was less than 0.5% of the defense budget.
Russian propaganda is also changing key Western concepts of war, suggesting, for example, that Ukrainian surrender will bring peace when, in fact, the end of fighting will simply take away Ukrainians’ ability to protect themselves against Russian violence. The authors note that Russia is using Americans’ regard for peace, life, American interests, freedom of debate, and responsible foreign relations against the U.S.
The authors’ argument parallels that of political observers in the U.S. and elsewhere: Russian actors have amplified the power of a relatively small, aggressive country by leveraging disinformation.
The European Union will hold parliamentary elections in June, and on Wednesday the Czech government sanctioned a news site called Voice of Europe, saying it was part of a pro-Russian propaganda operation. It also sanctioned the man running the site, Artyom Marchevsky, as well as Putin ally Viktor Medvedchuk, a Ukrainian oligarch, saying Medvedchuk was running a “Russian influence operation” through Voice of Europe.
The far right has been rising in Europe, and Nicholas Vinocur, Pieter Haeck, and Eddy Wax of Politico noted that “Voice of Europe’s YouTube page throws up a parade of EU lawmakers, many of them belonging to far-right, Euroskeptic parties, who line up to bash the Green Deal, predict the Union’s imminent collapse, or attack Ukraine.”
Belgian security services were in on the investigation, and on Thursday, Belgian prime minister Alexander De Croo added that Russian operatives had paid European Union lawmakers to parrot Russian propaganda. Intelligence sources told Czech media that Voice of Europe paid politicians from Belgium, France, Germany, Hungary, the Netherlands, and Poland to influence the upcoming E.U. elections. Germany’s Der Spiegel newspaper said the money was paid in cash or cryptocurrency.
Czech prime minister Petr Fiala wrote on social media: “We have uncovered a pro-Russian network that was developing an operation to spread Russian influence and undermine security across Europe.” "This shows how great the risk of foreign influence is," Dutch prime minister Mark Rutte told journalists. "It's a threat to our democracy, to our free elections, to our freedom of speech, to everything."
There are reasons to think the same disinformation process is underway in the United States. Not only do MAGA Republicans, including House speaker Mike Johnson (R-LA), parrot Russian talking points about Ukraine, but Russian disinformation has also been a key part of the House Republicans’ attempt to impeach President Joe Biden.
Republicans spent months touting Alexander Smirnov’s allegation that Biden had accepted foreign bribes, with Representative James Comer (R-KY) and Senator Chuck Grassley (R-IA) calling his evidence “verifiable” and “valuable.” In February the Department of Justice indicted Smirnov for creating a false record, days before revealing that he was in close contact with “Russian intelligence agencies” and was “actively peddling new lies that could impact U.S. elections.”
On March 19, former Rudy Giuliani associate Lev Parnas testified about the investigation into Biden’s alleged corruption before the House Oversight Committee at the request of the Democrats. Parnas was part of the attempt to create dirt on Biden before the 2020 election, and he explained how the process worked.
“The only information ever pushed about the Bidens and Ukraine has come from Russia and Russian agents,” Parnas said, and was part of “a much larger plan for Russia to crush Ukraine by infiltrating the United States.” Politicians and right-wing media figures, including then-representative Devin Nunes (R-CA), Senator Ron Johnson (R-WI), The Hill reporter John Solomon, Fox News Channel personality Sean Hannity, and other FNC hosts, knew the narrative was false, Parnas said, even as they echoed it. He suggested that they were permitting “Russia to use our government for malicious purposes, and to reward selfish people with ill-gotten gains.”
The attempt to create a false reality—whether by foreign operatives or homegrown ones—seems increasingly obvious in perceptions of the 2024 election. There has been much chatter, for example, about polls showing Trump ahead of Biden. But the 2022 polls were badly skewed rightward by partisan actors, and Democrat Marilyn Lands’s overwhelming victory over her Republican opponent in an Alabama House election this week suggests those errors have not yet been fully addressed.
Real measures of political enthusiasm appear to favor Biden and the Democrats. On Wednesday, Molly Cook Escobar, Albert Sun, and Shane Goldmacher of the New York Times reported that since leaving office, Trump has spent more than $100 million on legal fees alone. He is badly in need of money, and his reordering of the funding priorities of the Republican National Committee to put himself first means that the party is badly in need of money, too.
Donors’ awareness that their cash will go to Trump before funding other Republican candidates might well slow fundraising. Certainly, small-donor contributions to Trump have dropped off significantly: Brian Schwartz of CNBC reported last week that “[i]n 2023, Trump’s reelection campaign raised 62.5% less money from small-dollar donors than it did in 2019, the year before the last presidential election.”
Billionaires Liz and Dick Uihlein have recently said they will back Trump, and Alexandra Ulmer of Reuters reported on Tuesday that other billionaires had pooled the money to back Trump’s then–$454 million appeal bond before an appeals court reduced it. But Ulmer also noted that there might be a limit to such gifts, as they “could draw scrutiny from election regulators or federal prosecutors if the benefactors were to give Trump amounts exceeding campaign contribution limits. While the payment would not be a direct donation to Trump's campaign, federal laws broadly define political contributions as ‘anything of value’ provided to a campaign.”
Meanwhile, the fundraising of Biden and the Democrats is breaking records. Last night, in New York City, former presidents Bill Clinton and Barack Obama joined Biden onstage with television personality Stephen Colbert, along with event host Mindy Kaling and musical guests Queen Latifah, Lizzo, and Ben Platt. The 5,000-person event raised an eye-popping amount—more than $25 million—and the campaign noted that, unlike donations to Trump, every dollar raised would go to the campaign.
In his remarks, Biden said that the grassroots nature of the Democrats’ support showed in the number of people who have contributed so far to his campaign: 1.5 million in all, including 550,000 “brand-new contributors in the last couple of weeks.” Ninety-seven percent of the donations have been less than $200.
Tonight, Adrienne Watson, the spokesperson for the National Security Council, the president’s primary forum for national security and foreign policy, pointed to Russia’s devastating recent attacks on Ukraine’s energy grid and called again for Speaker Johnson to bring up the bipartisan national security supplemental bill providing aid to Ukraine that the Senate passed in February. She warned: “Ukraine’s need is urgent, and we cannot afford any further delays.”
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Notes:
https://www.understandingwar.org/backgrounder/denying-russia%E2s-only-strategy-success
https://mzv.gov.cz/jnp/cz/udalosti_a_media/tiskove_zpravy/vlada_na_navrh_ministra_zahranici.html
https://www.politico.eu/newsletter/brussels-playbook/russias-operation-to-sway-eu-opinion/
https://www.politico.eu/article/voice-of-europe-russia-influence-scandal-election/
https://www.bbc.com/news/world-europe-68685604
https://www.bbc.com/news/world-europe-68692195
https://www.nytimes.com/2022/12/31/us/politics/polling-election-2022-red-wave.html
https://www.newsweek.com/republicans-have-internal-polling-problem-1883984
https://www.nytimes.com/interactive/2024/03/27/us/politics/trump-cases-legal-fund.html
https://www.washingtonpost.com/politics/2024/03/28/biden-obama-clinton-fundraiser-new-york/
https://www.understandingwar.org/backgrounder/fact-sheet-us-assistance-ukraine
https://www.cfr.org/article/how-much-aid-has-us-sent-ukraine-here-are-six-charts
https://www.wilsoncenter.org/blog-post/us-aid-ukraine-helps-american-economy-and-boosts-us-jobs
March 28, 2024
March 28, 2024
Yesterday the National Economic Council called a meeting of the Supply Chain Disruptions Task Force, which the Biden-Harris administration launched in 2021, to discuss the impact of the collapse of the Francis Scott Key Bridge and the partial closure of the Port of Baltimore on regional and national supply chains. The task force draws members from the White House and the departments of Transportation, Commerce, Agriculture, Defense, Labor, Health and Human Services, Energy, and Homeland Security. It is focused on coordinating efforts to divert ships to other ports and to minimize impacts to employers and workers, making sure, for example, that dock workers stay on payrolls.
Today, Transportation Secretary Pete Buttigieg convened a meeting of port, labor, and industry partners—ocean carriers, truckers, local business owners, unions, railroads, and so on—to mitigate disruption from the bridge collapse. Representatives came from 40 organizations including American Roll-on Roll-off Carrier; the Georgia Ports Authority; the International Longshoremen’s Association, the International Organization of Masters, Mates and Pilots; John Deere; Maersk; Mercedes-Benz North America Operations; Seabulk Tankers; Under Armour; and the World Shipping Council.
Today the U.S. Department of Transportation’s Federal Highway Administration announced it would make $60 million available immediately to be used as a down payment toward initial costs. Already, though, some Republicans are balking at the idea of using new federal money to rebuild the bridge, saying that lawmakers should simply take the money that has been appropriated for things like electric vehicles, or wait until insurance money comes in from the shipping companies.
In 2007, when a bridge across the Mississippi River in Minneapolis suddenly collapsed, Congress passed funding to rebuild it in days and then-president George W. Bush signed the measure into law within a week of the accident.
In the past days, we have learned that the six maintenance workers killed when the bridge collapsed were all immigrants, natives of Mexico, Honduras, Guatemala, and El Salvador. Around 39% of the workforce in the construction industry around Baltimore and Washington, D.C., about 130,000 people, are immigrants, Scott Dance and María Luisa Paúl reported in the Washington Post yesterday.
Some of the men were undocumented, and all of them were family men who sent money back to their home countries, as well. From Honduras, the nephew of one of the men killed told the Associated Press, “The kind of work he did is what people born in the U.S. won’t do. People like him travel there with a dream. They don’t want to break anything or take anything.”
In the Philadelphia Inquirer today, journalist Will Bunch castigated the right-wing lawmakers and pundits who have whipped up native-born Americans over immigration, calling immigrants sex traffickers and fentanyl dealers, and even “animals.” Bunch illustrated that the reality of what was happening on the Francis Scott Key Bridge when it collapsed creates an opportunity to reframe the immigration debate in the United States.
Last month, Catherine Rampell of the Washington Post noted that immigration is a key reason that the United States experienced greater economic growth than any other nation in the wake of the coronavirus pandemic. The surge of immigration that began in 2022 brought to the U.S. working-age people who, Director Phill Swagel of the nonpartisan Congressional Budget Office wrote, are expected to make the U.S. gross domestic product about $7 trillion larger over the ten years from 2023 to 2034 than it would have been otherwise. Those workers will account for about $1 trillion dollars in revenues.
Curiously, while Republican leaders today are working to outdo each other in their harsh opposition to immigration, it was actually the leaders of the original Republican Party who recognized the power of immigrants to build the country and articulated an economic justification for increased immigration during the nation’s first major anti-immigrant period.
The United States had always been a nation of immigrants, but in the 1840s the failure of the potato crop in Ireland sent at least half a million Irish immigrants to the United States. As they moved into urban ports on the East Coast, especially in Massachusetts and New York, native-born Americans turned against them as competitors for jobs.
The 1850s saw a similar anti-immigrant fury in the new state of California. After the discovery of gold there in 1848, native-born Americans—the so-called Forty Niners—moved to the West Coast. They had no intention of sharing the riches they expected to find. The Indigenous people who lived there had no right to the land under which gold lay, native-born men thought; nor did the Mexicans whose government had sold the land to the U.S. in 1848; nor did the Chileans, who came with mining skills that made them powerful competitors. Above all, native-born Americans resented the Chinese miners who came to work in order to send money home to a land devastated by the first Opium War.
Democrats and the new anti-immigrant American Party (more popularly known as the “Know Nothings” because members claimed to know nothing about the party) turned against the new immigrants, seeing them as competition that would drive down wages. In the 1850s, Know Nothing officials in Massachusetts persecuted Catholics and deported Irish immigrants they believed were paupers. In California the state legislature placed a monthly tax on Mexican and Chinese miners, made unemployment a crime, took from Chinese men the right to testify in court, and finally tried to stop Chinese immigration altogether by taxing shipmasters $50 for each Chinese immigrant they brought.
When the Republicans organized in the 1850s, they saw society differently than the Democrats and the Know Nothings. They argued that society was not made up of a struggle over a limited economic pie, but rather that hardworking individuals would create more than they could consume, thus producing capital that would make the economy grow. The more people a nation had, the stronger it would be.
In 1860 the new party took a stand against the new laws that discriminated against immigrants. Immigrants’ rights should not be “abridged or impaired,” the delegates to its convention declared, adding that they were “in favor of giving a full and efficient protection to the rights of all classes of citizens, whether native or naturalized, both at home and abroad.”
Republicans’ support for immigration only increased during the Civil War. In contrast to the southern enslavers, they wanted to fill the land with people who supported freedom. As one poorly educated man wrote to his senator, “Protect Emegration and that will protect the Territories to Freedom.”
Republicans also wanted to bring as many workers to the country as possible to increase economic development. The war created a huge demand for agricultural products to feed the troops. At the same time, a terrible drought in Europe meant there was money to be made exporting grain. But the war was draining men to the battlefields of Stones River and Gettysburg and to the growing U.S. Navy, leaving farmers with fewer and fewer hands to work the land.
By 1864, Republicans were so strongly in favor of immigration that Congress passed “an Act to Encourage Immigration.” The law permitted immigrants to borrow against future homesteads to fund their voyage to the U.S., appropriated money to provide for impoverished immigrants upon their arrival, and, to undercut Democrats’ accusations that they were simply trying to find men to throw into the grinding war, guaranteed that no immigrant could be drafted until he announced his intention of becoming a citizen.
Support for immigration has waxed and waned repeatedly since then, but as recently as 1989, Republican president Ronald Reagan said: “We lead the world because, unique among nations, we draw our people—our strength—from every country and every corner of the world. And by doing so we continuously renew and enrich our nation…. Thanks to each wave of new arrivals to this land of opportunity, we're a nation forever young, forever bursting with energy and new ideas, and always on the cutting edge, always leading the world to the next frontier. This quality is vital to our future as a nation. If we ever closed the door to new Americans, our leadership in the world would soon be lost.”
The workers who died in the bridge collapse on Tuesday “were not ‘poisoning the blood of our country,’” Will Bunch wrote, quoting Trump; “they were replenishing it…. They may have been born all over the continent, but when these men plunged into our waters on Tuesday, they died as Americans.”
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Notes:
https://www.cnn.com/2024/03/27/economy/minneapolis-bridge-collapse-baltimore-lessons/index.html
https://www.inquirer.com/opinion/baltimore-bridge-collapse-immigrant-deaths-20240328.html
https://www.politico.com/live-updates/2024/03/28/congress/bumps-on-baltimore-funding-00149571
https://www.washingtonpost.com/dc-md-va/2024/03/27/migrant-workers-baltimore-bridge-collapse/
https://www.washingtonpost.com/opinions/2024/02/13/immigration-economy-jobs-cbo-report/
Hidetaka Hirota, Expelling the Poor, Atlantic Seaboard States and the Nineteenth-Century Origins of American Immigration Policy (New York: Oxford University Press, 2017).
https://www.presidency.ucsb.edu/documents/republican-party-platform-1860
March 27, 2024
The news that NBC News reconsidered its invitation to former Republican National Committee chair Ronna McDaniel to become a paid contributor has buried the recent news about some of the other participants in Trump’s attempt to overturn the results of the 2020 presidential election.
Yesterday a judge in Minnesota ruled in favor of a warehouse owner who sought to evict MyPillow after it failed to pay more than $200,000 in rent. MyPillow chief executive officer Mike Lindell has complained that his company has been “decimated” by his support for Trump. His insistence—without evidence—that the 2020 presidential election was stolen has entangled him in expensive defamation lawsuits filed by voting machine companies Dominion Voting Systems and Smartmatic.
Lindell cannot pay his lawyers and claims to have “lost hundreds of millions of dollars,” but insists he is being persecuted “because you want me to shut up about [the] security of our elections.”
Also yesterday, Trump loyalist Kari Lake, who has pushed the idea that the 2020 presidential election was stolen, ran for Arizona governor in 2022, and is now running for the U.S. Senate, admitted she defamed Maricopa County recorder Stephen Richer and that she acted with actual malice when she claimed he “sabotaged” the 2022 election. The request to admit to defamation came on the day that discovery, the process of sharing information about a case with each side, was to begin, suggesting that she preferred to admit wrongdoing rather than let anyone see what might be in her emails, texts, and recordings.
Arizona journalist Howard Fischer reported in the Arizona Daily Star that in a video statement, Lake said her admission did not mean she agreed she did anything wrong, although that is expressly stipulated in the court papers. She said she conceded because Richer’s lawsuit was keeping her off the campaign trail. “It’s called lawfare: weaponizing the legal system to punish, impoverish and destroy political opponents,’’ Lake said. “We’ve all seen how they’re doing it to President Trump. And here in Arizona, they’re doing the exact same thing to me.’’
One of Lake’s senior advisors said: “Kari Lake maintains she has always been truthful.”
Also yesterday, a three-member panel of the D.C. Bar’s Board of Professional Responsibility began a disciplinary hearing for former Department of Justice environmental lawyer Jeffrey Clark, who was so key to Trump’s plan to get state legislatures to overturn the results of the 2020 election that Trump tried to make him attorney general.
Clark joins Trump lawyer Rudy Giuliani, who led the media blitz to argue—falsely—that the election had been stolen. Giuliani’s New York and Washington, D.C., law licenses were suspended in June 2021 after a court found that he made “demonstrably false and misleading statements to courts, lawmakers, and the public at large.” He is now facing disbarment.
Earlier this month, he said on his podcast that he expected to be disbarred because “[t]he Bar Association is going to crucify me no matter what. I will be disbarred in New York. I will be disbarred in Washington. It will have nothing to do with anything I did wrong.”
Today, after a long trial, attorney discipline judge Yvette Roland recommended that John Eastman, the lawyer who came up with the justification for using fake electors to overturn the 2020 presidential election, be disbarred. Eastman will immediately lose his license to practice law. The California Supreme Court will decide whether to disbar Eastman.
Eastman’s lawyer said it was unfair to take Eastman’s law license because he needs to make money to fight the criminal charges against him in Georgia, where he has been indicted for his part in the effort to overthrow the results of the 2020 presidential election there. For his part, Eastman maintains he did nothing wrong.
In her recommendation, Judge Roland compared Eastman’s case to that of Donald Segretti, the lawyer whose efforts to guarantee President Richard Nixon’s 1972 reelection included, as Roland’s recommendation noted, distributing letters that made false accusations against Nixon’s rivals (including a forged letter attributing a slur against French-Canadians to Maine senator and candidate for the Democratic presidential nomination Edmund Muskie). At the time, the court noted that Segretti was only 30, thought he was acting for Nixon, and did not act in his capacity as a lawyer. The court also emphasized that Segretti “recognized the wrongfulness of his acts, expressed regret, and cooperated with the investigating agencies.”
In contrast, Roland wrote, “[t]he scale and egregiousness of Eastman’s unethical actions far surpasses” Segretti’s misconduct. Segretti acted outside his role as an attorney, while “Eastman’s wrongdoing was committed directly in the course and scope of his representation of President Trump and the Trump campaign.” Roland also noted that while Segretti expressed remorse and recognized his wrongdoing, Eastman has shown “an apparent inability to accept responsibility. This lack of remorse and accountability presents a significant risk that Eastman may engage in further unethical conduct, compounding the threat to the public.”
One by one, those who worked with Trump to overturn the election are being held to account by our legal system. But still, they refuse to admit any wrongdoing.
In that, they are following Trump.
Despite Judge Juan Merchan’s gag order, Trump continued today to attack both Merchan and his daughter. On his social media site, Trump posted that Merchan was trying to deprive him of his “First Amendment right to speak out against the Weaponization of Law Enforcement, including the fact that Crooked Joe Biden, Merrick Garland, and their Hacks and Thugs are tracking and following me all across the Country, obsessively trying to persecute me, while everyone knows I have done nothing wrong!” Trump posted in great detail about the judge’s daughter, accusing her of making money by “working to ‘Get Trump,’” based on images shared by an old social media account of hers that had been hacked.
It was President Nixon who perfected the refusal to admit wrongdoing in the face of overwhelming evidence. Even after tapes recorded in the Oval Office revealed that he had plotted with an aide to block investigations of the break-in at the Washington, D.C., headquarters of the Democratic National Committee in the Watergate Hotel by invoking national security and Republican Party leaders told him he needed to resign, he refused to admit wrongdoing. Instead, he told the American people he was stepping down because he no longer had enough support in Congress to advance the national interest. He blamed his fall on the press, saying its “leaks and accusations and innuendo” were designed to destroy him.
Gerald R. Ford, the president who replaced Nixon, inadvertently put a rubber stamp on Nixon’s refusal to accept responsibility. Believing it was better for the country to move past the divisions of the Watergate era, Ford issued a preemptive pardon for any crimes the former president might have committed against the United States while in office. Ford maintained that the acceptance of a pardon was an admission of guilt.
But Ford’s pardon meant Nixon never faced legal accountability for his actions. That escape allowed him to argue that a president is above the law. In a 1977 interview with British journalist David Frost, Nixon told Frost that “when the president does it…that means that it is not illegal,” by definition.
As Nixon did, Trump has watched those who participated in his schemes pay dearly for their support, but he appears angry and confused at the idea that he himself could be held legally accountable for his behavior.
But without accountability, as Judge Roland noted, there is no incentive to stop dangerous behavior. Josh Dawsey reported last night in the Washington Post that since Trump has taken over the Republican National Committee and purged it of former employees, those interviewing for jobs are being asked if they believe the 2020 presidential election was stolen. Other questions, Dawsey reported, include “what applicants believe should be done on ‘election integrity’ in 2024.”
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Notes:
https://www.cbsnews.com/minnesota/news/lawsuit-mypillow-eviction-mike-lindell-minnesota/
https://www.cbsnews.com/minnesota/news/mike-lindell-says-mypillow-lost-100-million/
https://storage.courtlistener.com/recap/gov.uscourts.cacd.915063/gov.uscourts.cacd.915063.63.0.pdf
https://www.cnn.com/2024/03/27/politics/judge-recommends-john-eastman-be-disbarred
https://www.nbcnews.com/politics/politics-news/nbc-news-cuts-ties-ronna-mcdaniel-rcna145155
https://www.businessinsider.com/rudy-giuliani-says-supporting-trump-would-help-me-in-heaven-2024-3
https://www.washingtonpost.com/politics/2024/03/26/kari-lake-defamation-lawsuit-damages/
https://www.politico.com/news/2024/03/26/former-trump-doj-official-disciplinary-trial-00149060
https://www.npr.org/2024/03/27/1240905447/john-eastman-trump-lawyer-california
https://www.washingtonpost.com/nation/2024/03/26/rnc-2020-election-stolen-trump-hiring/
https://www.newyorker.com/magazine/2020/08/03/joseph-mccarthy-and-the-force-of-political-falsehoods
https://www.fordlibrarymuseum.gov/library/speeches/740061.asp
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March 27, 2024
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