Heather Cox Richardson is an American historian at Boston College. I enjoy reading her views, which are always well-informed.
December 30, 2021
Heather Cox RichardsonDec 31
On January 6, insurrectionists trying to overturn the results of the 2020 presidential election stormed the U.S. Capitol and sent our lawmakers into hiding. Since President Joe Biden took office on January 20, just two weeks after the attack, we have been engaged in a great struggle between those trying to restore our democracy and those determined to undermine it.
Biden committed to restoring our democracy after the strains it had endured. When he took office, we were in the midst of a global pandemic whose official death toll in the U.S. was at 407,000. Our economy was in tatters, our foreign alliances weakened, and our government under siege by insurrectionists, some of whom were lawmakers themselves.
In his inaugural address, Biden implored Americans to come together to face these crises. He recalled the Civil War, the Great Depression, the World Wars, and the attacks of 9/11, noting that “[i]n each of these moments, enough of us came together to carry all of us forward.” “It’s time for boldness, for there is so much to do,” he said. He asked Americans to “write an American story of hope, not fear… [a] story that tells ages yet to come that we answered the call of history…. That democracy and hope, truth and justice, did not die on our watch but thrived.”
Later that day, he headed to the Oval Office. “I thought there’s no time to wait. Get to work immediately,” he said.
Rather than permitting the Trump Republicans who were still insisting Trump had won the election to frame the national conversation, Biden and Vice President Kamala Harris, as well as the Democrats in Congress, ignored them and set out to prove that our government can work for ordinary Americans.
Biden vowed to overcome Covid, trying to rally Republicans to join Democrats behind a “war” on the global pandemic. The Trump team had refused to confer during the transition period with the Biden team, who discovered that the previous administration had never had a plan for federal delivery of covid vaccines, simply planning to give them to the states and then let the cash-strapped states figure out how to get them into arms. “What we’re inheriting is so much worse than we could have imagined,” Biden’s coronavirus response coordinator, Jeff Zients, said to reporters on January 21.
Biden immediately invoked the Defense Production Act, bought more vaccines, worked with states to establish vaccine sites and transportation to them, and established vaccine centers in pharmacies across the country. As vaccination rates climbed, he vowed to make sure that 70% of the U.S. adult population would have one vaccine shot and 160 million U.S. adults would be fully vaccinated by July 4th.
At the same time, the Democrats undertook to repair the economy, badly damaged by the pandemic. In March, without a single Republican vote, they passed the $1.9 trillion American Rescue Plan to jump-start the economy by putting money into the pockets of ordinary Americans. It worked. The new law cut child poverty in half by putting $66 billion into 36 million households. It expanded access to the Affordable Care Act, enabling more than 4.6 million Americans who were not previously insured to get healthcare coverage, bringing the total covered to a record 13.6 million.
As vaccinated people started to venture out again, this support for consumers bolstered U.S. companies, which by the end of the year were showing profit margins higher than they have been since 1950, at 15%. Companies reduced their debt, which translated to a strong stock market. In February, Biden’s first month in office, the jobless rate was 6.2%; by December it had dropped to 4.2%. This means that 4.1 million jobs were created in the Biden administration’s first year, more than were created in the 12 years of the Trump and George W. Bush administrations combined.
In November, Congress passed a $1.2 trillion infrastructure bill that will repair bridges and roads and get broadband to places that still don’t have it, and negotiations continue on a larger infrastructure package that will support child care and elder care, as well as education and measures to address climate change.
Bloomberg and the Wall Street Journal report that U.S. economic output jumped more than 7% in the last three months of 2021. Overall growth for 2021 should be about 6%, and economists predict growth of around 4% in 2022—the highest numbers the U.S. has seen in decades. China’s growth in the same period will be 4%, and the eurozone (the member countries of the European Union that use the euro) will grow at 2%. The U.S. is “outperforming the world by the biggest margin in the 21st century,” wrote Matthew A. Winkler in Bloomberg, “and with good reason: America’s economy improved more in Joe Biden’s first 12 months than any president during the past 50 years….”
With more experience in foreign affairs than any president since George H. W. Bush, Biden set out to rebuild our strained alliances and modernize the war on terror. On January 20, he took steps to rejoin the World Health Organization and the Paris Climate Accords, which his predecessor had rejected. Secretary of State Antony Blinken emphasized that Biden’s leadership team believed foreign and domestic policy to be profoundly linked. They promised to support democracy at home and abroad to combat the authoritarianism rising around the world.
“The more we and other democracies can show the world that we can deliver, not only for our people, but also for each other, the more we can refute the lie that authoritarian countries love to tell, that theirs is the better way to meet people’s fundamental needs and hopes. It’s on us to prove them wrong,” Blinken said.
Biden and Blinken increased the use of sanctions against those suspected of funding terrorism. Declaring it vital to national security to stop corruption in order to prevent illicit money from undermining democracies, Biden convened a Summit for Democracy, where leaders from more than 110 countries discussed how best to combat authoritarianism and corruption, and to protect human rights.
Biden began to shift American foreign policy most noticeably by withdrawing from the nation’s twenty-year war in Afghanistan. He inherited the previous president’s February 2020 deal with the Taliban to withdraw U.S. forces from Afghanistan by May 1, 2021, so long as the Taliban did not kill any more Americans. By the time Biden took office, the U.S. had withdrawn all but 2500 troops from the country.
He could either go back on Trump’s agreement—meaning the Taliban would again begin attacking U.S. service people, forcing the U.S. to pour in troops and sustain casualties—or get out of what had become a meandering, expensive, unpopular war, one that Biden himself had wanted to leave since the Obama administration.
In April, Biden said he would honor the agreement he had inherited from Trump, beginning, not ending, the troop withdrawal on May 1. He said he would have everyone out by September 11, the 20th anniversary of the al-Qaeda attacks that took us there in the first place. (He later adjusted that to August 31.) He promised to evacuate the country “responsibly, deliberately, and safely” and assured Americans that the U.S. had “trained and equipped a standing force of over 300,000 Afghan personnel” who would “continue to fight valiantly, on behalf of the Afghans, at great cost.”
Instead, the Afghan army crumbled as the U.S began to pull its remaining troops out in July. By mid-August, the Taliban had taken control of the capital, Kabul, and the leaders of the Afghan government fled, abandoning the country to chaos. People rushed to the airport to escape and seven Afghans died, either crushed in the crowds or killed when they fell from planes to which they had clung in hopes of getting out. Then, on August 26, two explosions outside the Kabul airport killed at least 60 Afghan civilians and 13 U.S. troops. More than 100 Afghans and 15 U.S. service members were wounded.
In the aftermath, the U.S. military conducted the largest human airlift in U.S. history, moving more than 100,000 people without further casualties, and on August 30, Major General Chris Donahue, commander of the U.S. Army 82nd Airborne Division, boarded a cargo plane at Kabul airport, and the U.S. war in Afghanistan was over. (Evacuations have continued on planes chartered by other countries.)
With the end of that war, Biden has focused on using financial pressure and alliances rather than military might to achieve foreign policy goals. He has worked with North Atlantic Treaty Organization (NATO) allies to counter increasing aggression from Russian president Vladimir Putin, strengthening NATO, while suggesting publicly that further Russian incursions into Ukraine will have serious financial repercussions.
In any ordinary time, Biden’s demonstration that democracy can work for ordinary people in three major areas would have been an astonishing success.
But these are not ordinary times.
Biden and the Democrats have had to face an opposition that is working to undermine the government. Even after the January 6 attack on the Capitol, 147 Republican members of Congress voted to challenge at least one of the certified state electoral votes, propping up the Big Lie that Trump won the 2020 presidential election. Many of them continue to plug that lie, convincing 68% of Republicans that Biden is an illegitimate president.
This lie has justified the passage in 19 Republican-dominated states of 33 new laws to suppress voting or to take the counting of votes out of the hands of non-partisan officials altogether and turn that process over to Republicans.
Republicans have stoked opposition to the Democrats by feeding the culture wars, skipping negotiations on the American Rescue Plan, for example, to complain that the toymaker Hasbro was introducing a gender-neutral Potato Head toy, and that the estate of Dr. Seuss was ceasing publication of some of his lesser-known books that bore racist pictures or themes. They created a firestorm over Critical Race Theory, an advanced legal theory, insisting that it, and the teaching of issues of race in the schools, was teaching white children to hate themselves.
Most notably, though, as Biden’s coronavirus vaccination program appeared to be meeting his ambitious goals, Republicans suggested that government vaccine outreach was overreach, pushing the government into people’s lives. Vaccination rates began to drop off, and Biden’s July 4 goal went unmet just as the more contagious Delta variant began to rage across the country.
In July, Biden required federal workers and contractors to be vaccinated; in November, the administration said that workers at businesses with more than 100 employees and health care workers must be vaccinated or frequently tested.
Rejecting the vaccine became a badge of opposition to the Biden administration. By early December, fewer than 10% of adult Democrats were unvaccinated, compared with 40% of Republicans. This means that Republicans are three times more likely than Democrats to die of Covid, and as the new Omicron variant rages across the country, Republicans are blaming Biden for not stopping the pandemic. Covid has now killed more than 800,000 Americans.
While Biden and the Democrats have made many missteps this year—missing that the Afghan government would collapse, hitting an Afghan family in a drone strike, underplaying Covid testing, prioritizing infrastructure over voting rights—the Democrats’ biggest miscalculation might well be refusing to address the disinformation of the Republicans directly in order to promote bipartisanship and move the country forward together.
With the lies of Trump Republicans largely unchallenged by Democratic lawmakers or the media, Republicans have swung almost entirely into the Trump camp. The former president has worked to purge from the state and national party anyone he considers insufficiently loyal to him, and his closest supporters have become so extreme that they are openly supporting authoritarianism and talking of Democrats as “vermin.”
Some are talking about a “national divorce,” which observers have interpreted as a call for secession, like the Confederates tried in 1860. But in fact, Trump Republicans do not want to form their own country. Rather, they want to cement minority rule in this one, keeping themselves in power over the will of the majority.
It seems that in some ways we are ending 2021 as we began it. Although Biden and the Democrats have indeed demonstrated that our government, properly run, can work for the people to combat a deadly pandemic, create a booming economy, and stop unpopular wars, that same authoritarian minority that tried to overturn the 2020 election on January 6 is more deeply entrenched than it was a year ago.
And yet, as we move into 2022, the ground is shifting. The House Select Committee to Investigate the January 6th Attack on the U.S. Capitol is starting to show what it has learned from the testimony of more than 300 witnesses and a review of more than 35,000 documents. The fact that those closest to Trump are refusing to testify suggests that the hearings in the new year will be compelling and will help people to understand just how close we came to an authoritarian takeover last January.
And then, as soon as the Senate resumes work in the new year, it will take up measures to restore the voting rights and election integrity Republican legislatures have stripped away, giving back to the people the power to guard against such an authoritarian coup happening again.
It looks like 2022 is going to be a choppy ride, but its outcome is in our hands. As Congressman John Lewis (D-GA), who was beaten almost to death in his quest to protect the right to vote, wrote to us when he passed: “Democracy is not a state. It is an act, and each generation must do its part.”
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Notes:
https://khn.org/morning-breakout/covid-deaths-skew-higher-than-ever-in-red-states/
The “vermin” and “national divorce” quotations are tweets from Representative Marjorie Taylor Greene (R-GA) but I didn’t want to spread them on social media. They were retweeted by several other Republicans.

I was on the way down to get stuff from the Mennonite bakery this morning and listened to a radio interview on the American Family network. They were discussing the Christian protestors who had been unlawfully imprisoned by a repressive government since Jan 6. Antifa was responsible for most of the depredations and the capital police were demonized as logical extensions of the evil culture in Washington DC.
Just reporting on what rural America hears from its radio media.
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They hear what reinforces what they already want to believe .
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. And Happy New Year to all.
https://www.juancole.com/2021/12/unbearable-standard-forgetting.html
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Good article on one of my favorite topics (news media bias), but I do think Juan Cole is part of the problem when he starts with “Biden’s pull-out from Afghanistan was admittedly a disaster.”
I know the rest of that paragraph goes on to mitigate this, but it concedes some of the false narratives of the media as fact. When the real truth is that the Biden pull-out managed to safely evacuate multiple times as many people as the media ever expected, and made what turned out to be an excellent decision to evacuate from the regular airport which the Taliban had a vested interest in not destroying instead of doing the stupid thing that the media said they should have done — kept open the military air base as an easy terrorist target and also far enough away that people would have a dangerous and difficult journey to even get there.
The propaganda is so insidious that even people aware of it forget about how much these biased narratives take hold.
Biden’s pull out wasn’t a “disaster” — it was about as good of a pull-out as possible, and I haven’t seen anyone offer anything but the most idiotic alternatives except “Biden should have stayed in Afghanistan until a different (supposedly better) withdrawal could be planned” (which meant bringing back tens of thousands of American troops indefinitely) or “Biden should have used the air base”, which the media embraced with the same gullibility and idiocy that they embraced the existence of the critics’ “alternate plans”. Those “alternate plans” were as real as the Republican/Trump plan to replace Obamacare – which the media informed the public really did exist instead of actually telling the truth and informing the public that there was no Republican/Trump plan to replace Obamacare and the Republicans are blatantly lying to them.
Instead the media acted as their usual lapdogs and convinced the public that the good things about the Afghanistan pull out and Obamacare don’t exist, and the media’s focus was amplifying anything that didn’t go right as “disastrous” and every report invoked as truth that there was some alternative (but secret) plan that the Republicans had that would have avoided this “disaster”. How many “disasters” have 120,000+ civilians safely evacuated in a very short time? Had Trump evacuated 10,000, the media would have reported it as a rousing success, and ignored everything else going on.
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I do wish that Biden had stuck to his original pullout date of September 11, instead of advancing it to August 31. More people who wanted out would have been saved.
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Maybe if Biden had waited until Sept. 11, fewer people who wanted to would have been saved. Maybe it would have given the Taliban and other anti-American groups more time to gather their forces or plan attacks.
Maybe Biden’s state department advisors realized that making the pull out on the anniversary of a terrorist attack would have simply given the media a reason to blame them for choosing that ill-advised anniversary. Maybe they decided to speed up the process BECAUSE it gave them the element of surprise that allow them to safely evacuate over 100,000 people, a feat that no one even imagined, let alone believed was possible.
Maybe if Obama would have refused to sign any health care legislation that didn’t include Medicare for All, this country would already have Medicare for All. Maybe if Bernie Sanders hadn’t gotten his supporters all riled up, the Democrat would have won in 2016, the Supreme Court would have a 6-3 progressive majority, Citizens United would have been repealed 4 years ago, and this country would have a progressive majority in both houses of Congress and in most states.
But I don’t believe that Obama waiting for the perfect Affordable Care Act would have done anything but put us back to square one with people believing that “government control of healthcare” was a bad idea. And I don’t believe Bernie Sanders was responsible for the naive voters who got totally played by wing propaganda that Trump would be no more danger to the progressive agenda than the Democrats and I know it wasn’t Bernie’s fault that some voters were fooled into believing that having a right wing Supreme Court for decades would still allow the progressive agenda to flourish. That was just their own ignorance.
The most impressive part of Biden’s withdrawal plan was not that it went perfectly. It was that it was run by competent people who understood that there is no such thing as a perfect plan and quickly reacted to changing circumstances to turn what could have been a disaster into a safe evacuation of over 100,000 people.
The same goes for Biden’s pandemic plan. The media seems to think the mark of a good leader is that everything goes perfectly. The media seems to believe it is their job to magnify the smallest successes of Republican presidents and minimize or ignore any failures until so many people die that it is simply impossible to ignore the incompetence. The media seems to believe it is their job to magnify every failure of Democrat leaders and ignore how they successfully adjust to changing circumstances.
All I know is I sleep much better at night knowing that Biden is in charge of the pandemic planning and not Trump. I sleep much better knowing I don’t live in a state run by a right wing Republican Governor who believes that reacting to a pandemic should be politicized. I don’t expect politicians to get it perfect all the time – that is impossible. I do expect them to make reasonable decisions and to adjust their policies when the reasonable decisions they made need intervention.
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I am very happy that Biden is President. It annoys me when people blame him for the ongoing pandemic, for example, since it’s a global pandemic and so many Republicans refuse to get vaccinated. But I can’t excuse his decision to leave Afghanistan in the way that made us look awful and abandoned so many Afghans who helped us. It was one of the most humiliating moments for our nation in my lifetime, just as bad as our rushed exit from Vietnam. I will never forget the plane taking off from the Kabul airport with people hanging on to its wings.
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dianeravitch
The plane takes off from Kabul airport with people hanging on its wings. Did those people think they were hitching a ride on the wing. Or is it more likely the goal was to prevent the plane from taking off because they themselves were not on it. 120,0000 were safely evacuated after order was restored. While before the withdrawal we were told the number who assisted us was probably 30-40,000. And of course none of them were doing so for the money.
What is left out of the conversation on the withdrawal is that 400,000 children were maimed in a war that should have ended soon after it was started. 60,000 civilians killed in a Nation 1/9 our size. . Only now is the true cost and failure of our drone and air wars being uncovered. A failure right to its last day with a “righteous kill” of 10 children.
What the withdrawal proved was exactly how big a failure the policy was for 20 years. The same can do military industrial complex which includes its media enablers, from shock and awe to pity the women of Afghanistan, that has failed to achieve the broader policy goals for near 60 years. We are led to believe these pundits Military and Civilian cared about Afghan women’s rights while they ignored children’s lives.
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Joel, I hated the endless war as much as you. But I still believe that the retreat from Afghanistan was humiliating.
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I agree with you, Joel.
I don’t understand what this better way of leaving Afghanistan is. But I wish that the critics who believe that there was a different way that would have rescued not just 4x as many Afghans who helped us but 10x or 100x as many would at least acknowledge it would have required bringing back tens of thousands of American troops. I find the argument that Biden should have waited 12 days to pull out because that would have safely evacuated more than 120,000 people just as convincing as all of the other arguments made in the last decade plus about how we just needed to stay in Afghanistan a little longer and then we could withdraw and everything would be good.
Every way of leaving Afghanistan – if it was done by Biden – would have been portrayed in the media as the way that made us look awful and abandoned so many Afghans who helped us. Even safely evacuating 4x as many Afghans as the number who supposedly helped us would have been portrayed in the media as a disaster.
The withdrawal was reasonably well-executed — there were huge problems because all withdrawals have problems, but the people on the ground reacted to them instead of just ignoring them.
But deciding to withdraw from Afghanistan had exactly the result the neocons told us it would have. They weren’t lying. We chose, as a country, to stop fighting an endless war, and anyone who supported that and thought that leaving Afghanistan didn’t mean abandoning many women and children and men to the hands of the Taliban is not facing reality. Obama didn’t withdraw because he wasn’t willing to abandon them. But Americans – including many people here – decided they had enough and keeping troops there was just making the situation worse in the long term.
I don’t know how so many Americans got propagandized to believe there was some ideal way to pull troops from Afghanistan that Biden should have used instead. But it is discouraging that propaganda took hold so quickly. I know I shouldn’t be surprised, since the Republicans spent 8 years talking about their “better” plan to replace the Affordable Care Act, and the media still presented this as plausible.
I am glad it was Biden’s administration overseeing the withdrawal from Afghanistan. It was going to get ugly no matter what, but at least thinking people were trying to figure out ways to make the withdrawal itself better.
The fact that the women and children left behind suffered can be laid on the feet of every person who did not support sending tens of thousands more troops back to Afghanistan. Our country made a choice, but tried to mitigate the harm of that choice by evacuating 120,000+ people even though estimates were that less than half of that number “helped” the US.
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Nycpsp, I agree with your analysis of the Afghanistan pullout, & respectfully suggest to Diane that advancing it two weeks was likely in response to intel on the ground as to best move to save most. I am still in awe that they managed this as well as they did, i.e., with as little loss of life and as many airlifted out. As to news coverage & its effect on public opinion, I think this one is waning away. My input is just listening to JQPublic call-ins daily on CSPAN [which attracts a lot of angry Fox dittoheads among others]. I am hearing far less outrage these days, & that is almost entirely from parents of folks who served there. And their POV seems to be more about the ‘we should never have been there in the first place’ attitude expressed by some other callers.
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Roy, you just ruined my day. Don’t these radio listeners have television and the ability to think for themselves? That was an insurrection, a riot, an attack on the seat of our government.
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I love Heather Cox.
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Same!
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My prediction: we’ll be wishing we could have characterized 2022 as a “choppy ride.” Nothing I have seen over the past year leads me to believe anything other than we are on an irreversible path toward the institutional entrenchment of American fascism. Here’s a nice explanation in simple language that sums up some of my concerns. My only disagreement is with the essentialness of a strong leader. American fascism will excise the functions of government from personal life, or so it will seem to most. Decision-making will be left to a small group that is intent on selecting its eventual successors.
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The upcoming NYT Sunday Magazine has an interesting read on Sinclair Lewis – “The Novelist Who Saw Middle America as It Really Was”
It was mostly about Babbitt, and gave the most passing glance to “It Can’t Happen Here: “the far from subtle “It Can’t Happen Here,” a dystopian take on the career of the rabble-rousing demagogue Huey Long, effective propaganda but hardly Nobel Prize material.”
But overall the article is an interesting take on a very flawed writer who had some insight into what makes the Americans who seem to be perfectly fine with the descent into fascism tick.
It’s chilling.
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Greg, I hope you are wrong. Fascism is not inevitable, but I can’t remember a time when so many prominent people were unabashedly fascist. Trump, of course, is example #1. Then there are others like Marjorie Taylor Greene, Lauren Bobert, Paul Gosar, etc. Greene is unvaccinated. Probably the others are too. Greene says mandates are Communism. We can always hope she retracts her opposition to masks and vaccines. She has been fined about $70,000 for refusing to wear a mask at her workplace.
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I also hope I’m very wrong. I’ve traveled a lot in the South over the past few months, been observing people, also while driving; also been reading a lot; have not watched tv news or infotainment for at least three months; and do a lot of errands around my community. Nothing gives me comfort. Between the apathy, surliness, irrational behavior in public, and the general comfort people have in not giving a damn about anything directly affecting them, we are lost. And we have gotten to the point where a majority of the population no longer knows what normal is. On any issue. For example, the last time the federal legislative process worked anything close to normal was when you worked in the Education department! The people elected since then have never seen it function normally.
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GregB— of the things that worry you most, the one that worries me is the growing # of people (as each year goes by) who have no memory of the system working as intended. You have to have that memory to have any faith that that even happens, and to think constructively about what changed, what is necessary to return to that place, re-establish function. The right wing among us were always impatient with democracy even back in the day, half-hoping for a ‘der lider’ to impose order and swifter action. The growing cohort of youth, mostly lefter-leaning, are looking wistfully to Euros/ Nordics/ Canada, thinking what we need is “socialism”– with little understanding of the difference between capitalism trammeled by social democracy, vs the real deal.
I attribute the rest of your observations to two things: (a)the pandemic, and (b)our grotesque income inequality approaching banana-republic status—which is part & parcel of govt dysfunction.
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Deleted? Oh my. Well, that’s perfect for a long year of struggles on my end. Happy New Year.
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https://www.msn.com/en-us/news/us/the-ugly-history-of-new-year-s-is-too-real-for-white-republicans/ar-AASjSlr?ocid=msedgntp
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I keep hoping that the lunatic fringe, make that the new mainstream, of the Republican Party will overstep their bounds as Joe McCarthy did in the 1950s and the fever will break. Much will depend on how much the 1/6 committee is believed as they do their work and the actions taken by the Justice Department with those in Congress who helped organize the insurrection. I also sense that Trump is losing some of his influence within the “Magaverse” and we will begin to see Ron DeSantis emerge as the standard bearer. National Response to the Roe v. Wade decision in the Supreme Court this spring will also have an impact. We are in a perilous time. Let’s hope that some things break Biden’s way in 2022 so November can be a celebration rather than a funeral.
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Two Supreme Court decisions to worry about (that I know of, there may be more).
1. Roe v Wade.
2. The case seeking public funding for religious schools. This is a High Court packed with religious ideologies who are eager to wipe out the line between church and state. Imagine public funding for religious schools! Why should the public pay for indoctrination and private choices?
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I just hope the Senate can break the Democrats way where Manchin and Sinema won’t matter. That’s what it will take to add seats to the Supreme Court and invoke term limits for judges.
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Paul– Adding seats to SCOTUS & invoking term limits? Both measures would unleash a complete & utter politicization of what is already a rather politicized SCOTUS today. Why is it rather politicized? Because Senate has decided in the last decade to use “rules” [whims] to determine when it is OK to put a President’s nomination for SCOTUS to a Senate confirmation hearing/ vote. That meant Obama’s nomination made 11 mos before election not OK, but Trump’s nomination just prior to election OK. THAT’s what needs to be fixed.
“Packing the court” is a measure that can be used by either side to get what it wants—initiate it, & expect whiplash– and a govt branch’s supposed check/ balance immediately understood by the public to be a political sham. Setting term limits undermines the only measure we have that allows SCOTUS members to evolve in their outlook over time, with experience, balancing contemporaneous hot-button issues against constitutional precedent. And SCOTUS– at least at present– still has some concern for public confidence in their supposed apolitical, neutral check on the other two branches. Either or both of these measures would destroy that.
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I would argue that the rulings of George W. Bush’s appointments and Clarence Thomas show that this so called maturation process for judges is a myth. Once Republicans began using the Federalist Society as their “go to” for judicial appointments, judicial rulings have been far more predictable and ideological. Add to this the legislative shenanigans of Mitch McConnell and the fact that judges have been appointed by the party with the least popular support and appointment for qualifications takes a back seat to political expediency. Term limits are an acknowledgement that the human lifespan has overwhelmed the founders justification of lifetime appointments. The vast majority of republics in the world use term limits. It’s simply logical that 40 and 50 year terms gives one branch of our tripartite system a profound advantage over the other two and 12 to 18 year terms, recommended by the recent judicial commission, reduces the temptation to appoint judges in their early forties who have yet to provide a meaningful insight into their judicial philosophy or competence in understanding the law. If judicial appointments were based on the objective capacity to rule by precedent and fairness, I would have less problems with lifetime appointments. However, our hyper-partisan wrangling is now leading to a court that doesn’t change with the times. About expanding the court, the last time we changed the participants in SCOTUS was right after the Civil War, when the US was a population of under 100 million and predominately white. We are now a population of 330 million with whites soon in the minority and we still have 9 judges. We need a court that is more diverse in judicial philosophy and experience to serve a more diverse population ( I would argue the same for our current legislative branch that is no longer representative of the citizenry).
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I really appreciate this excellent roundup of the first year of Biden’s admin. It’s amazing he’s been able to accomplish so much with such a slim majority.
I take issue with this: “the Democrats’ biggest miscalculation might well be refusing to address the disinformation of the Republicans directly in order to promote bipartisanship and move the country forward together. With the lies of Trump Republicans largely unchallenged by Democratic lawmakers or the media…”
Can’t fool me. I watch CSPAN. OK maybe not the whole “gavel to gavel,” but challenges from the Dem floor of the House have been pretty much daily, all year long. I expect and commend Biden for leaving that to the House, and shouldering the bipartisan attempts; to me that makes sense. The one part I agree with: THE MEDIA!! Whole lotta more investigative & snopes/ politifact-style reporting required there. They are a pusillanimous, both-siderist bunch.
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I was the Joe Biden of Christmas. No credit for the great gifts I bought, only criticism for the ones I didn’t give out,
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lol! Brilliant!
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