Heather Cox Richardson's Blog, page 18

July 13, 2025

July 12, 2025

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Published on July 13, 2025 13:37

July 12, 2025

July 12, 2025

On July 5, the day after the Texas floods hit, the Federal Emergency Management Agency (FEMA) received 3,027 calls from survivors and answered 3,018 of them, about 99.7%, according to Maxine Joselow of the New York Times. But that day, Homeland Security Secretary Kristi Noem did not renew the contracts for four call center companies that answered those calls. The staff at the centers were fired. The next day, July 6, FEMA received 2,363 calls and answered 846, or about 35.8%. On Monday, July 7, FEMA received 16,419 calls and answered 2,613, around 15.9%.

In a statement, a spokesperson for the Department of Homeland Security said: “When a natural disaster strikes, phone calls surge, and wait times can subsequently increase. Despite this expected influx, FEMA’s disaster call center responded to every caller swiftly and efficiently, ensuring no one was left without assistance.”

Marcy Wheeler of EmptyWheel notes that one reason Noem has been cutting so ferociously at FEMA is because she has run through the money Congress allocated for HHS with her single-minded focus on immigration.

In May, Senator Richard Blumenthal (D-CT) called out Noem’s expenditure of $200 million on an ad campaign pushing Trump’s agenda and $21 million to transport about 400 migrants to Guantanamo Bay only to have many of them transferred back out. Senator Chris Murphy (D-CT) told Noem: “You are spending like you don’t have a budget…. You're on track to trigger the Anti-Deficiency Act. That means you are going to spend more money than you have been allocated by Congress. This is a rare occurrence, and it is wildly illegal. Your agency will be broke by July, over two months before the end of the fiscal year. You may not think that Congress has provided enough money to ICE [Immigration and Customs Enforcement], but the Constitution and the federal law does not allow you to spend more money than you've been given, or to invent money. And this obsession with spending at the border…has left the country unprotected elsewhere.

Noem responded to Blumenthal that she was fulfilling a mandate. She told him: “The American people overwhelmingly in the last election said, ‘We want a secure border, we want to make sure no longer are the scales of justice tipped in the favor of criminals….’” A recent video posted to Facebook Reels by the Department of Homeland Security makes it clear Noem’s justification was cover for a violent Christian nationalist vision in which ICE and the Border Patrol are enforcing God’s commandments. A dark film invokes Isaiah 6:8, the Bible verse in which God asks, “Whom shall I send?” and Isaiah answers, “Here am I! Send me.” The exchange is widely interpreted to show volunteers willing to do God’s work.

A poll released Friday makes it clear that the American people do not support such a vision and did not, in fact, expect a Trump administration to deport undocumented immigrants who have no criminal record and have lived in the U.S. for years. A Gallup poll released yesterday shows that the administration’s draconian policies toward immigrants have created a backlash. A record 79% of adults say immigration is good for the country, with only 17% seeing it as bad. That change has been driven primarily by a shift in Republicans, 64% of whom now agree that immigrants are good for the country, up from their low of under 40%. The percentage of American adults who say immigration should be reduced has dropped to 30%, down from 55% in 2024.

The Gallup poll shows that U.S. opposition to immigration rose from 2021 to 2024, the years in which the booming economy in the U.S. attracted immigrants pushed out of South American countries whose economies were foundering. Trump falsely tagged that surge as proof that former president Joe Biden was permitting immigrant criminals to flood the country. Sentiments now look like they did in 2021, before that campaign.

The poll shows that only 35% of Americans approve of Trump’s handling of immigration, while 62% disapprove. There is a strong enthusiasm gap in those numbers: 21% strongly approve while 45% strongly disapprove. Among Independents, 14% strongly approve of Trump’s handling of immigration, while 45% strongly disapprove.

Those numbers are unlikely to improve for the administration in light of yesterday’s ICE raids at two licensed cannabis farms in Southern California. Agents used less-lethal ammunition and tear gas in the raids. A number of people were injured, one critically. Agents arrested 200 people, including George Retes, a 25-year-old disabled veteran and U.S. citizen who worked at one of the farms as a security guard. Agents claimed Retes was a protester. His family has been unable to locate him, telling Josh Haskell of the local ABC affiliate that the local sheriff’s office and local police departments all said they do not know where he is.

More information coming about about the conditions of immigrant detention are also unlikely to increase support for the administration's policies. Today, at least five members of Congress and about 20 state legislators toured the new ICE detention center in the Everglades. The tour was planned rather than unexpected, enabling staff to prepare for it. Nonetheless, Representative Debbie Wasserman Schultz (D-FL) said: “These detainees are living in cages. The pictures you've seen don't do it justice. They are essentially packed into cages. Wall to wall humans. Thirty-two detainees per cage…. There are three tiny toilets that…have a sink attached to it, so…they get their drinking water and they brush their teeth where they poop, in the same unit." Nine hundred men are currently in the facility.

And yet, even as the public sours on its policies, the administration is continuing its attacks on immigration. After the Supreme Court said it could implement mass layoffs while a lawsuit against them proceeds through the courts, it fired more than 1,300 employees from the State Department on Friday. It closed the Bureau of Democracy, Human Rights, and Labor, which was created in 1977 “to help advance individual liberty and democratic freedoms around the world” and has stood against cooperation with dictators who, as Michael Crowley of the New York Times writes, “grossly abuse human rights.” Secretary of State Marco Rubio is also shuttering the Bureau of Population, Refugees, and Migration, which he claims enabled mass immigration to the United States. By Saturday afternoon the websites for both bureaus had been taken down.

Astonishingly, the crisis in Texas and growing opposition to his immigration policies are not the biggest problem for the administration today. That pride of place goes to MAGA fury over the Justice Department’s statement that accused sex trafficker of young girls Jeffrey Epstein, who died in his prison cell in 2019, did not keep an “incriminating ‘client list.’” It also said it would not release additional evidence the department’s investigators have accumulated, evidence that includes photographs and more than 10,000 videos.

MAGA influencers, egged on by media figures like Dan Bongino, insisted that the Justice Department under Biden was hiding information about Epstein’s clients to cover up for Democratic leaders they insisted it would implicate. In February 2025, Attorney General Pam Bondi told the Fox News Channel that the list was sitting on her desk awaiting review. Now, though, the department has done a 180.

MAGA is furious. Bongino, who fed the frenzy, is now the deputy director of the FBI, and reports say he has turned on Bondi over the change, threatening to quit. Philip Rotner at The Bulwark makes the astute observation that wording of the announcement from Department of Justice is “deliberately opaque”—as many of their obfuscating documents are—and leaves open the possibility that there is, in fact, incriminating evidence, just not in the form of a specific document with the words “INCRIMINATING ‘CLIENT LIST’” at its top.

Bondi is a ferocious Trump loyalist, and for all that MAGA is pinning the blame for the cover-up on her, she is almost certainly following Trump’s instructions. The fight has put back into the news that one of Epstein’s closest companions was none other than President Donald J. Trump, a relationship documented in pictures, videos, and interviews. In 2002, according to New York magazine, Trump said: “I’ve known Jeff for fifteen years. Terrific guy…. He’s a lot of fun to be with. It is even said that he likes beautiful women as much as I do, and many of them are on the younger side.”

Last night, Representative Jamie Raskin (D-MD), the top-ranking Democrat on the Judiciary Committee, said he will "be asking Chairman [Jim] Jordan [R-OH] to call for a hearing where we subpoena the Attorney General and Dan Bongino and [FBI Director] Kash Patel to come in and tell us everything that we know" about the Jeffrey Epstein files, “because this thing is really spinning out of control at this point and there’s one way to put it to rest, which is to come clean, as President Trump promised he would during the campaign.”

Just before 10:00 this morning, Trump lashed out in what seemed to be an attempt to regain control of the narrative, hitting as many MAGA talking points as he could with an attack on comedian and talk show host Rosie O’Donnell, who has relocated from her native U.S.—she was born in New York—to Ireland out of concern for her family in Trump's America. “Because of the fact that Rosie O’Donnell is not in the best interests of our Great Country, I am giving serious consideration to taking away her Citizenship. She is a Threat to Humanity, and should remain in the wonderful Country of Ireland, if they want her. GOD BLESS AMERICA!”

The president’s suggestion that he has the power to revoke the citizenship of a natural-born American—he does not—escalates his authoritarian claims. It comes after a federal judge on Thursday barred the administration from denying citizenship to U.S.-born children of undocumented immigrants, giving the administration time to appeal.

O’Donnell responded on Instagram:

“hey donald—

you’re rattled again?

18 years later and I still live rent-free in that collapsing brain of yours.

you call me a threat to humanity—

but I’m everything you fear:

a loud woman

a queer woman

a mother who tells the truth

an american who got out of the country b4 you set it ablaze

you build walls—

I build a life for my autistic kid in a country where decency still exists

you crave loyalty—

I teach my children to question power

you sell fear on golf courses

I make art about surviving trauma

You lie, you steal, you degrade—

I nurture, I create, I persist

you are everything that is wrong with america—

and I’m everything you hate about what’s still right with it

you want to revoke my citizenship?

go ahead and try, king joffrey* with a tangerine spray tan

i’m not yours to silence

i never was”

*Joffrey is a monstrous, stupid, vicious king in Game of Thrones.

Notes:

https://www.nytimes.com/2025/07/11/climate/fema-missed-calls-texas-floods.html

https://www.blumenthal.senate.gov/newsroom/press/release/blumenthal-to-noem-you-have-a-responsibility-to-follow-the-law

https://www.murphy.senate.gov/newsroom/press-releases/murphy-to-secretary-of-homeland-security-kristi-noem-your-department-is-out-of-control

https://news.gallup.com/poll/692522/surge-concern-immigration-abated.aspx

https://www.latimes.com/california/story/2025-07-10/federal-immigration-sweep-ventura-county-farms

https://abc7.com/post/disabled-veteran-is-us-citizen-was-taken-during-camarillo-immigration-raid-family-says/17072476/

https://www.nytimes.com/2025/07/11/us/politics/trump-state-department-layoffs.html

https://talkingpointsmemo.com/edblog/lords-vengeance

https://apnews.com/article/jeffrey-epstein-justice-department-pam-bondi-03fbcd024f631440f7ed62b3c6927db3

https://www.foxnews.com/politics/bondi-says-epstein-client-list-sitting-my-desk-right-now-reviewing-jfk-mlk-files

https://www.axios.com/2025/07/11/epstein-files-dan-bongino-pam-bondi-trump

The BulwarkCase Closed on Epstein? Not So FastA HOST OF NERVOUS INDIVIDUALS—including President Donald J. Trump—must have breathed a sigh of relief over the weekend when the Department of Justice announced that “no fu…Read more3 days ago · 212 likes · Philip Rotner

https://www.reuters.com/legal/government/judge-weigh-blocking-trump-birthright-citizenship-despite-supreme-court-ruling-2025-07-10/

Ariella ElmJuly 12: Media Availability w/ Maxwell FrostSo I was just in a press availability, as it’s called, with Rep Maxwell Frost (FL-10), who just left the Everglades concentration camp. He was there with Rep Debbie Wasserman Schultz (FL-25…Read more16 hours ago · 22 likes · 12 comments · Ariella Elm

Donald J. Trump, Truth Social post, July 12, 2025, 9:42 a.m.

https://www.state.gov/about-us-bureau-of-democracy-human-rights-and-labor

https://www.politico.com/news/2025/07/12/florida-alligator-alcatraz-visit-00449925

https://www.nbcnews.com/politics/trump-administration/veteran-us-diplomats-baffled-mass-layoffs-state-department-rcna218433

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Published on July 12, 2025 22:32

July 11, 2025

July 11, 2025

A picture tonight as we celebrate a family wedding this weekend.

Caught this image last Sunday as Buddy and I headed out in the kayaks, inland for a change.

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Published on July 11, 2025 22:49

July 10, 2025

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Published on July 11, 2025 20:18

July 10, 2025

Just a week ago, Republicans in the House of Representatives passed the nearly 1,000-page budget reconciliation bill President Donald Trump demanded, and at the signing ceremony for the bill the next day, House speaker Mike Johnson (R-LA) announced Republicans were “laying a key cornerstone of America’s new golden age.”

But the past week has shown a nation—and an administration—in turmoil.

On July 4, the day Trump signed the bill, flash floods devastated central Texas, leaving more than 100 people dead and about 160 still missing. Local officials immediately blamed cuts to the National Weather Service (NWS) for the disaster, but reviews showed that NWS meteorologists had predicted the storm accurately and had sent out three increasingly urgent warnings at 1:14 a.m., 4:03 a.m., and 6:06 a.m.

But four hours passed before the police department in the City of Kerrville issued a warning. It wasn’t until 7:32 that the city urged people along the Guadalupe River to move to higher ground immediately. The missing link between the NWS and public safety personnel appears to have been the weather service employee in charge of coordinating between them. He took an unplanned early retirement under pressure from the “Department of Government Efficiency” and has not been replaced.

Then, as Gabe Cohen and Michael Williams of CNN reported, search and rescue teams from the Federal Emergency Management Agency (FEMA) could not respond to the disaster because Homeland Security Secretary Kristi Noem, whose department is in charge of FEMA, had recently tried to cut spending by requiring her personal sign-off on any expenditure over $100,000. That order meant FEMA couldn’t put crews in place ahead of the storm, or respond immediately. Noem didn’t sign off on the deployment of FEMA teams until Monday, more than 72 hours after the flooding started.

Tricia McLaughlin, a spokesperson for the Department of Homeland Security, told Cohen and Williams that Noem did not authorize FEMA deployment because DHS used other search and rescue teams. “FEMA is shifting from bloated, DC-centric dead weight to a lean, deployable disaster force that empowers state actors to provide relief for their citizens,” McLaughlin told CNN in a statement. “The old processes are being replaced because they failed Americans in real emergencies for decades.”

“DHS is rooting out waste, fraud, abuse, and is reprioritizing appropriated dollars. Secretary Noem is delivering accountability to the U.S. taxpayer, which Washington bureaucrats have ignored for decades at the expense of American citizens,” McLaughlin said. Noem has called for the elimination of FEMA.

Meanwhile, FEMA’s acting director, David Richardson, has been nowhere to be found, making no public appearances, statements, or postings on social media since the disaster, and not visiting the site. Former FEMA officials told Thomas Frank of Politico that Richardson’s absence suggests Noem is controlling the FEMA response. Trump appointed Richardson after his team fired his first appointee, Cameron Hamilton, for telling Congress he did not think FEMA should be scrapped.

The day after he took office in May, Richardson, who has no experience with emergency management, told staff: “Don’t get in my way…because I will run right over you. I will achieve the president’s intent…. I, and I alone in FEMA, speak for FEMA,” he said.

Even as rescuers were still at work today in Texas, DHS cancelled a $3 million grant that had been awarded in New York to make sure the NWS can communicate effectively with local officials.

Tariffs are back in the news as Trump’s postponement for his high tariff has ended. They are as chaotic and as problematic as ever.

On April 2, Trump announced tariffs on countries around the world. He said that, beginning on April 9, he would impose a baseline tariff of 10%—a significant increase from the 2.5% rate then in effect—and additional tariffs of up to 50% on countries using a bizarre formula apparently cooked up by his trade advisor, Peter Navarro.

Immediately the stock market lost more than $5 trillion. So rather than let the tariffs go into effect on April 9, Trump pushed the start of the tariffs off until Wednesday, July 9 (yesterday), vowing to negotiate trade deals with individual countries rapidly: 90 deals in 90 days, Navarro said. But only two deals have been forthcoming—one with the United Kingdom and one with Vietnam—meaning that on July 9 the high tariffs of April 2 would take effect.

Then, on Tuesday, Trump announced on social media the real date for the start of the tariffs would be August 1. Somewhat bizarrely, he told reporters he had not changed the date the tariffs would go into effect, although on Monday he signed an executive order changing the date of the start of the levies from July 9 to August 1.

Throughout the week, Trump has been sending letters to world leaders informing them that he intended to impose high tariffs on their countries unless they negotiated with him. At a press opportunity at a cabinet meeting, as Danielle Kurtzleben of NPR noted, he tried to rebrand his letters as deals. “A letter means a deal,” he told reporters. “We can't meet with 200 countries. We have a few trusted people that know what they're doing, that are doing a good job, but you can't do it. You have to do it in a more general way. But it's a very good way. It's a better way. It's a more powerful way.”

On Tuesday, Trump also announced a 50% tariff on copper. Copper is vital to the defense industry, batteries, electric wires, plumbing, and so on, and the U.S. imports more than half of what it uses. Trump claims to want to see the U.S. produce the copper it needs, but getting the industry to that point will take years. He also announced a 35% tariff on goods from Canada.

Paul Wiseman of the Associated Press notes that the 10% tariffs are apparently here to stay because the administration needs that money to cover some of the hole the new tax cuts from the budget reconciliation bill will blast in the deficit.

While Trump continues to insist—incorrectly—that foreign countries pay tariffs, his former vice president Mike Pence reiterated the truth today. On Bloomberg “Surveillance,” he said of Treasury Secretary Scott Bessent’s boast that tariffs will bring in $300 billion this year: “Well, tariffs are a tax, and American importers and businesses and, ultimately, consumers pay almost all of that. And so literally a week after we managed to extend the Trump-Pence tax cuts and prevent a $2,000 tax increase on working families, the administration is right now boasting of the fact that the average American household is going to see about $3,000 increase in the cost of goods.”

Last month, Trump nominated Department of Justice prosecutor Emil Bove to be a judge on the U.S. Court of Appeals for the Third Circuit, covering Pennsylvania, New Jersey, Delaware, and the Virgin Islands. Bove is a Trump loyalist who defended Trump in his criminal indictments and participated in firing officials who investigated Trump and the January 6 rioters. He was also a central player in the dropping of corruption charges against New York mayor Eric Adams and the rendition of Venezuelan migrants to the CECOT terrorist prison in El Salvador.

On June 24, Erez Reuveni, a former Department of Justice (DOJ) lawyer, filed an official whistleblower complaint about abuses in the department. Reuveni was fired after telling a court that the administration had made an error when it rendered Maryland man Kilmar Abrego Garcia to CECOT despite a court order not to do so. In the whistleblower complaint, Reuveni alleged that the leaders at the Department of Justice and the White House had deliberately defied court orders and “engaged in unlawful activity, abused their authority, created substantial and specific threat to health and safety.”

Reuveni alleged that Bove insisted the planes carrying the men to El Salvador must take off and that he said DOJ “would need to consider telling the courts ‘f*ck you’ and ignore any such court order.” Reuveni then laid out the events of the March days in which the men were deported, along with the determination of the Department of Justice to violate the orders of the court.

Bove told the Senate Judiciary Committee last month he had “no recollection” of saying “f*ck you” to the court and said he had never advised the Department of Justice to violate a court order. Attorney General Pam Bondi wrote on social media that Reuveni was a “leaker asserting false claims.”

Today, Senate Democrats released a trove of documents Reuveni had provided the committee, backing up his complaint. Texts and emails confirm that Department of Justice lawyers misled Judge James Boasberg, one telling him that he did not know when the Trump administration intended to deport the men when, as one of Reuveni’s colleagues said, “I can’t believe he said he doesn’t know. He knows there are plans for AEA removals within the next 24 hours.”

Senator Dick Durbin (D-IL), the top-ranking Democrat on the Senate Judiciary Committee, said in a statement Thursday that Bove “belongs nowhere near the federal bench.” “This is about more than a random f-bomb,” he said. “This is a declaration of defiance of our courts at the highest level of our government by a man who now seeks a lifetime appointment to one of the highest courts in our land.”

Today a federal judge appointed by Republican George W. Bush granted class action status to a lawsuit challenging Trump’s executive order attacking birthright citizenship. With that status in place, U.S. District Judge Joseph Laplante barred the administration from denying citizenship to U.S.-born children of undocumented immigrants. Judge Laplante paused his ruling for a week to give the administration time to appeal.

Trump himself lost his appeal of a New York jury’s verdict that he must pay writer E. Jean Carroll $5 million for sexually abusing and defaming her. Trump now has 90 days to appeal to the Supreme Court to take the case.

Tonight the White House posted on X an image of “SUPERMAN TRUMP”—a much younger Trump dressed as the famous superhero, fists clenched, against a gauzy background—with the caption “TRUTH. JUSTICE. THE AMERICAN WAY.”

Notes:

https://www.npr.org/2025/07/03/nx-s1-5454841/house-republicans-trump-tax-bill-medicaid

https://www.usatoday.com/story/news/politics/2025/07/04/donald-trump-signs-megabill-taxes-medicaid-border/84470497007/

https://www.nytimes.com/2025/07/09/opinion/texas-floods-nws.html?smid=tw-share

https://www.cnn.com/2025/07/09/politics/fema-texas-flood-noem

https://abcnews.go.com/Business/trumps-shifting-tariff-deadline/story?id=123531640

https://www.cbsnews.com/news/fema-leader-fired-trump-administration-cameron-hamilton/

https://www.cbsnews.com/news/fema-acting-administrator-david-richardson-staff-meeting/

https://www.politico.com/news/2025/07/10/fema-leader-texas-flooding-00445902

https://www.nytimes.com/2025/04/20/business/economy/peter-navarro-trump-tariffs.html

https://www.reuters.com/markets/global-markets-wrapup-1-2025-04-04/

https://www.whitehouse.gov/presidential-actions/2025/07/extending-the-modification-of-the-reciprocal-tariff-rates/

https://www.npr.org/2025/07/07/nx-s1-5407873/trump-tariff-rates-trade

https://www.cnbc.com/2025/07/09/trump-says-50percent-tariff-on-copper-will-begin-aug-1.html

https://www.reuters.com/world/us/trump-puts-35-tariff-canada-eyes-15-20-tariffs-others-2025-07-11/

https://talkingpointsmemo.com/edblog/dhs-cancels-extreme-weather-comms-grant-while-bodies-still-being-recovered-in-texas

https://apnews.com/article/trump-tariff-deadline-japan-south-korea-trade-7ea94de216329a9b011a3d3951ae5963

https://www.npr.org/2025/06/25/g-s1-74064/trump-emil-bove-judge-nomination

https://static01.nyt.com/newsgraphics/documenttools/e285ec96adf8d443/5868d536-full.pdf

https://www.documentcloud.org/documents/25995044-07-01-2025-reuveni-batch-1-index-and-evidence-redacted-final/

https://www.democracydocket.com/news-alerts/justice-department-emil-bove-whistleblower-complaint-trump-judicial-nominee/

https://news.bloomberglaw.com/us-law-week/doj-whistleblower-reinforces-claim-emil-bove-defied-court-order

https://www.reuters.com/legal/government/judge-weigh-blocking-trump-birthright-citizenship-despite-supreme-court-ruling-2025-07-10/

https://www.cnbc.com/2025/07/10/trump-carroll-sexual-abuse-appeal.html

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Published on July 11, 2025 00:01

July 10, 2025

July 9, 2025

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Published on July 10, 2025 08:00

July 9, 2025

July 9, 2025

On July 9, 1868, Americans changed the U.S. Constitution for the fourteenth time, adapting our foundational document to construct a new nation without systematic Black enslavement.

In 1865 the Thirteenth Amendment to the Constitution had prohibited slavery on the basis of race, but it did not prevent the establishment of a system in which Black Americans continued to be unequal. Backed by President Andrew Johnson, who had taken over the presidency after actor John Wilkes Booth murdered President Abraham Lincoln, white southern Democrats had done their best to push their Black neighbors back into subservience. So long as southern states had abolished enslavement, repudiated Confederate debts, and nullified the ordinances of secession, Johnson was happy to readmit them to full standing in the Union, still led by the very men who had organized the Confederacy and made war on the United States.

Northern Republican lawmakers refused. There was no way they were going to rebuild southern society on the same blueprint as existed before the Civil War, especially since the upcoming 1870 census would count Black Americans as whole persons for the first time in the nation’s history, giving southern states more power in Congress and the Electoral College after the war than they had had before it. Having just fought a war to destroy the South’s ideology, they were not going to let it regrow in peacetime.

Congress rejected Johnson’s plan for Reconstruction.

But then congressmen had to come up with their own. After months of hearings and debate, they proposed amending the Constitution to settle the outstanding questions of the war. Chief among these was how to protect the rights of Black Americans in states where they could neither vote nor testify in court or sit on a jury to protect their own interests.

Congress’s solution was the Fourteenth Amendment.

It took on the infamous 1857 Dred Scott v. Sandford decision declaring that Black men "are not included, and were not intended to be included, under the word 'citizens' in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens.”

The Fourteenth Amendment provides that “[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

The amendment also addressed the Dred Scott decision in another profound way. In 1857, southerners and Democrats who were adamantly opposed to federal power controlled the Supreme Court. They backed states’ rights. So the Dred Scott decision did more than read Black Americans out of our history: it dramatically circumscribed Congress’s power.

The Dred Scott decision declared that democracy was created at the state level, by those people in a state who were allowed to vote. In 1857 this meant white men, almost exclusively. If those people voted to do something widely unpopular—like adopting human enslavement, for example—they had the right to do so. People like Abraham Lincoln pointed out that such domination by states would eventually mean that an unpopular minority could take over the national government, forcing their ideas on everyone else, but defenders of states’ rights stood firm.

And so the Fourteenth Amendment gave the federal government the power to protect individuals even if their state legislatures had passed discriminatory laws. “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws,” it said. And then it went on to say that “Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”

The principles behind the Fourteenth Amendment were behind the 1870 creation of the Department of Justice, whose first job was to bring down the Ku Klux Klan terrorists in the South.

Those same principles took on profound national significance in the post–World War II era, when the Supreme Court began to use the equal protection clause and the due process clause of the Fourteenth Amendment aggressively to apply the protections in the Bill of Rights to the states. The civil rights decisions of the 1950s, 1960s, and 1970s, including the Brown v. Board of Education decision outlawing segregation in public schools, come from this doctrine. Under it, the federal government took up the mantle of protecting the rights of individual Americans in the states from the whims of state legislatures.

Opponents of these new civil rights protections quickly began to object that such decisions were “legislating from the bench,” rather than permitting state legislatures to make their own laws. They began to call for “originalism,” the idea that the Constitution should be interpreted only as the Framers had intended when they wrote it, an argument that focused on the creation of law at the state level. Famously, in 1987, President Ronald Reagan nominated Robert Bork, an originalist who had called for the rollback of the Supreme Court’s civil rights decisions, for a seat on that court.

Reacting to that nomination, Senator Ted Kennedy (D-MA) recognized the importance of the Fourteenth Amendment to equality: “Robert Bork's America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens' doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of the Government, and the doors of the Federal courts would be shut on the fingers of millions of citizens for whom the judiciary is—and is often the only—protector of the individual rights that are the heart of our democracy….”

Kennedy’s comments foreshadowed the world advanced by today’s MAGA Republicans. In 2022 the Supreme Court, stacked as it is with right-wing justices, overturned the federal protection of abortion rights provided in the 1973 Roe v. Wade decision and sent the question of abortion back to the states, many of which promptly banned the procedure.

When the court overturned the federal protection of abortion rights, Justice Clarence Thomas argued that federal protections for access to birth control and same-sex marriage should also be reexamined. In 2024, President Donald Trump suggested he would be open to letting states decide whether to restrict access to birth control, walking his statement back after a ferocious backlash.

Justice Samuel Alito has joined Thomas in attacking the Obergefell v. Hodges decision that provides federal protection for same-sex marriage, claiming that right, too, ought to be left up to voters in the states, even as Republican-dominated states are passing laws to limit who can vote.

Not only have today’s Republicans launched an attack on the Fourteenth Amendment’s requirement that the federal government protect Americans against discrimination in the states, President Donald Trump has launched an assault on the birthright citizenship that is the centerpiece of the amendment.

That section of the amendment— the first section— acknowledges that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens,” who enjoy the same rights, and that no state can take those rights away without due process of law.

Notes:

https://en.wikisource.org/wiki/Robert_Bork%27s_America

https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf

https://www.cnn.com/2020/10/05/politics/clarence-thomas-samuel-alito

https://www.cnn.com/2025/06/25/politics/obergefell-anniversary-supreme-court-lgbtq-rights

https://www.nytimes.com/2024/05/21/us/politics/trump-birth-control-restrictions.html

https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/

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Published on July 09, 2025 21:49

July 8, 2025

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Published on July 09, 2025 08:54

July 8, 2025

One hundred and eleven people are dead and more than 160 are still missing in Texas after Friday’s tragic flood.

​​“‘[W]ho’s to blame?’” Texas governor Greg Abbott repeated back to a reporter. “That’s the word choice of losers.” “Every football team makes mistakes,” he continued, referring to Texas’s popular sport. “The losing teams are the ones that try to point out who’s to blame. The championship teams are the ones that say, ‘Don’t worry about it, ma’am, we’ve got this.’”

Abbott’s defensive answer reveals the dilemma MAGA Republicans find themselves in after the cuts to the National Oceanic and Atmospheric Administration (NOAA) and the National Weather Service that came before the Texas disaster. Scott Calvert, John West, Jim Carlton, and Joe Barrett of the Wall Street Journal reported that after a deadly flood in 1987, officials in Kerr County applied for a grant to install a flood warning system, but their application was denied. They considered installing one paid for by the county but decided against it. Then county commissioner Tom Moser told the reporters: “It was probably just, I hate to say the word, priorities. Trying not to raise taxes.”

Since 1980, Republican politicians have won voters by promising to cut taxes they claimed funded wasteful programs for women and racial and ethnic minorities. Cutting government programs would save money, they said, enabling hardworking Americans to keep more of their hard-earned money. But leaders recognized that Republican voters actually depended on government programs, so they continued to fund them even as they passed tax cuts that moved more than $50 trillion from the bottom 90% of Americans to the top 1%.

Now, in Trump’s second term, MAGA Republicans are turning Republican rhetoric into reality, forcing Americans to grapple with what those cuts really mean for their lives.

Today the Supreme Court cleared the way for the administration to fire large numbers of employees at 19 different federal agencies and to reorganize them while litigation against those firings moves forward, although it required the administration to act in ways “consistent with applicable law.” A lower court had blocked the firings during litigation. Ann E. Marimow of the Washington Post notes that this court has repeatedly sided with President Donald Trump as he slashes the federal government. The court said it is not expressing a view on the legality of the cuts at this time.

The administration's cuts were in the news today as Marisa Kabas of The Handbasket reported that the Federal Emergency Management Agency (FEMA) has just 86 people deployed in Texas today although Trump declared a disaster on Sunday. At a press opportunity at a cabinet meeting today, Trump said it wasn’t the right time to talk about his plans to phase out FEMA.

The administration is getting pushback in a number of other places as well, including from medical organizations. Yesterday the American Academy of Pediatricians, the American College of Physicians, and four other groups sued the Department of Health and Human Services (HHS) and HHS secretary Robert F. Kennedy Jr. over the changes Kennedy has made to the vaccine advisory panel, to the availability of covid vaccines, and to vaccine recommendations. The lawsuit calls those changes "unlawful” and “unilateral” and says they violate the Administrative Procedure Act.

Just who is in charge of the administration remains unclear. In the New York Times yesterday, Jason Zengerle pointed to White House deputy chief of staff Stephen Miller as the “final word” on White House policy. Homeland Security secretary Kristi Noem defers to him. Attorney General Pam Bondi “is so focused on preparing for and appearing on Fox News that she has essentially ceded control of the Department of Justice” to him. White House chief of staff Susie Wiles is concentrating on “producing a reality TV show every day,” a Trump advisor told Zengerle.

So Miller, with his knack for flattering his boss, wields power.

Meanwhile, at the Pentagon, Secretary of Defense Pete Hegseth did not inform the White House before he stopped the shipment of weapons to Ukraine last week. Natasha Bertrand and Zachary Cohen of CNN reported today that Hegseth’s lack of a chief of staff or trusted advisors means he has no one to urge him to coordinate with other government partners. Trump has ordered Hegseth to restart some of the shipments. When a reporter asked the president today who had authorized the pause, Trump answered: “I don’t know, why don’t you tell me?”

At today’s press opportunity, Trump was erratic, at one point veering off into a discussion of whether he should put gold leaf on the moldings in the room’s corners.

The administration has so few successes to celebrate that, as Jarrett Renshaw of Reuters reported today, it is claiming credit for investments that were actually made under former president Joe Biden. A government website touting the “Trump effect” claims more than $2.6 trillion in U.S. investments, but Renshaw found that more than $1.3 trillion of those investments originated under Biden or were routine spending. One company has warned that its pledge of investments worth $50 billion is threatened by Trump’s policies.

When asked why the administration had taken credit for projects that happened under Biden, White House officials said “the final investment decisions were announced under [Trump’s] watch and prove his economic policies are triggering U.S. investment.” Renshaw noted that “[i]t was not clear in many cases what role, if any, Trump or his policies played in getting the deals across the line.”

Instead of embracing proven economic policies, the administration appears to be turning to ideologically based ideas that seem far fetched. Today, Secretary of Agriculture Brooke Rollins rejected the idea that the government would find a way to protect undocumented agricultural workers. “There will be no amnesty,” she said. “The mass deportations continue, but in a strategic way. And we move the workforce towards automation and 100% American participation, which again with 34 million people, able-bodied adults on Medicaid, we should be able to do that fairly quickly.”

The administration is now facing a rebellion from MAGA supporters who expected that, once in power, a Trump administration would release information about those men implicated in the Jeffrey Epstein scandal as people for whom Epstein provided underage girls. MAGA loyalists maintained the “deep state” was hiding the list to protect unnamed Democratic politicians, and MAGA leaders fed the conspiracy theory to stoke anger at the Democrats.

Once in power, though, Trump officials have failed to produce a list of Epstein’s clients. MAGA loyalists have now turned their anger on those officials, especially Attorney General Pam Bondi, who said in February that the Epstein list “is sitting on my desk right now” and who now maintains that no such list exists.

Perhaps to distract their supporters from the issue, the Fox News Channel today announced that the FBI is launching criminal investigations of former Central Intelligence Agency director John Brennan and former FBI director James Comey over their investigation of ties between the 2016 Trump campaign and Russian operatives.

The Fox News Channel also announced that the White House has waived executive privilege for former president Biden’s White House physician Kevin O’Connor, who had asked to postpone his testimony before the House Oversight and Reform Committee about former president Biden’s mental acuity and use of an autopen. On Saturday, O’Connor’s lawyer wrote to committee chair James Comer (R-KY) asking for the postponement, noting: “We are unaware of any prior occasion on which a Congressional Committee has subpoenaed a physician to testify about the treatment of an individual patient. And the notion that a Congressional Committee would do so without any regard whatsoever for the confidentiality of the physician-patient relationship is alarming.”

As its popularity sinks, the administration appears to be turning to extraordinary measures to enforce its will. Ellen Nakashima, Warren P. Strobel, and Aaron Schaffer of the Washington Post reported today that Director of National Intelligence Tulsi Gabbard has tried to get access to emails and chats of people working in the Intelligence Community in order to root out those perceived as insufficiently loyal to Trump.

Gabbard’s press secretary claimed the effort was designed to “end the politicization and weaponization of intelligence against Americans,” but Representative Jim Himes (D-CT), the top Democrat on the House Intelligence Committee, told the reporters that Trump’s loyalists “zeal to root out ‘politicization” “often seems to be shorthand for anything less than unconditional support for the president.” He noted their effort risks “creating an echo chamber within the intelligence community or creating counterintelligence risks.”

The Internal Revenue Service today changed longstanding policy to say that churches can now endorse political candidates without losing their tax-exempt status. According to Gary Grumbach and Dareh Gregorian of NBC News, the rule prohibiting churches from endorsing candidates is rarely enforced, and Trump, whose strongest supporters are white evangelical Protestants, has called for an end to it.

A judge will have to agree to the change.

The administration’s show of force in Los Angeles yesterday, when immigration officers and about 90 National Guard members descended on MacArthur Park with 17 Humvees and four tactical vehicles in what looked like a military operation, appears to have been designed to intimidate immigrants and Trump’s opponents.

And today, Trump suggested he could take over New York City if voters elect Democratic mayoral candidate Zohran Mamdani. He then suggested the administration could take over Washington, D.C., as well. “We could run D.C. I mean we’re, we're looking at D.C. We don’t want crime in D.C. We want the city to run well,” he told reporters. "We would run it so good, it would be run so proper, we’d get the best person to run it…. We want a capital that’s run flawlessly, and it wouldn’t be hard for us to do it.”

Notes:

https://www.nytimes.com/live/2025/07/08/us/texas-floods/f1e79ed2-22b9-5cbb-9bcc-c7822f941191

https://www.wsj.com/us-news/officials-pushed-for-better-warning-system-years-before-devastating-texas-floods-0143b5f1

https://www.washingtonpost.com/politics/2025/07/08/supreme-court-trump-mass-layoffs-federal-workers/

https://apnews.com/article/noem-trump-texas-flash-flood-fema-cabinet-a35ffd4f4139beec88d45c086bcfb1de

https://www.thehandbasket.co/p/fema-r...

https://abcnews.go.com/Health/medical-groups-sue-hhs-rfk-jr-unlawful-vaccine/story?id=123531646

https://www.nytimes.com/2025/07/07/opinion/stephen-miller.html

https://www.reuters.com/world/us/trump-effect-website-takes-credit-us-investment-made-under-biden-2025-07-08/

https://www.politico.com/live-updates/2025/07/08/congress/rollins-says-able-bodied-medicaid-recipients-should-replace-immigrant-farm-workforce-00442065

https://www.cnn.com/2025/07/08/politics/hegseth-did-not-inform-white-house-ukraine-weapons-pause

https://www.thedailybeast.com/texas-governor-slams-people-looking-for-answers-on-deadly-flood-as-losers/

https://www.nytimes.com/2025/06/08/us/politics/justice-department-fbi-trump-conspiracy-theories.html

https://www.washingtonpost.com/politics/2025/07/08/jeffrey-epstein-bondi-patel-trump/

https://www.reuters.com/world/us/fbi-launches-probes-into-former-fbi-director-ex-cia-director-fox-news-reports-2025-07-08/

https://thehill.com/homenews/5389137-bidens-former-doctor-postponement-house-oversight-committee/

https://www.washingtonpost.com/national-security/2025/07/08/gabbard-dig-odni-weaponization-intelligence/

https://www.pewresearch.org/short-reads/2025/04/28/white-evangelicals-continue-to-stand-out-in-their-support-for-trump/

https://www.nbcnews.com/politics/trump-administration/irs-says-churches-can-endorse-political-candidates-losing-tax-exemptio-rcna217483

https://apnews.com/article/california-immigration-raid-troops-military-2d81f5c35f9d11db9e32234e03480497

https://www.latimes.com/california/story/2025-07-08/macarthur-park-immigration-sweep-photo-opp

https://abcnews.go.com/Politics/trump-suggests-taking-new-york-city-washington/story?id=123581492

Bluesky:

ronfilipkowski.bsky.social/post/3ltihvbnhfk2v

atrupar.com/post/3lthtizfawy2h

atrupar.com/post/3lthhwchvtw2h

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Published on July 09, 2025 00:05

July 8, 2025

July 7, 2025

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