Archives for category: Ethics

Dan Froomkin writes a blog called Press Watch. He calls out reporters who fudge the facts or distort the story by omission or commission. In this post, he critiques the press for refusing to acknowledge that Trump is racist and wants to expel 350,000 Haitians because they are Black.

This issue is important because it played an important role in the Supreme Court decision about whether to cancel the Haitians’ Temporary Protected Status. Lawyers for Haitians argued that his actions were motivated by his racism. The Supreme Court disagreed.

Froomkin believes that the press took the familiar stance of bothsiderism. Some think he’s racist, others think he’s not.

Justice Elena Kagan, who wrote the dissent for the three liberal judges, argued that Trump’s racism was undeniable, and she cited numerous vile and racist statements he had made.

Even George Will agreed with Kagan.

Froomkin wrote:

The legal and moral question at the heart of Thursday’s 6-3 Supreme Court opinion giving Donald Trump the go-ahead to deport over 350,000 mostly Haitian immigrants was a simple one: Was Trump’s decision motivated even in part by racial animus?

And that, in turn, came down to the question: Were Trump’s past statements about Haiti racist?

That is not a tough one.

Trump has accused Haitians of eating their neighbor’s pets. He has called Haiti a “shithole” country and has said he preferred immigrants from “nice” predominantly white countries. He has said that most Haitian immigrants “probably have AIDS.” He has said nonwhite immigrants are “poisoning the blood of our country.”

Even the mainstream political journalists who bend over backwards not to call Trump a racist outright have acknowledged that some of his comments about Haiti in particular qualify as racist smears and as elements of a racist and inflammatory narrative.

But after Justice Samuel Alito wrote in the majority opinion that none of Trump’s statements about Haiti were “overtly racial,” I had a bad feeling that our top political journalists would wimp out and treat Alito’s assertion as debatable –- as one of two plausible sides of a political argument –- rather than as the bald-faced, ridiculous lie that it is.

I was worried that rather than state the obvious, they would throw up their hands and say, effectively, “You decide whether what Trump said is racist or not. You decide whether his statements on race represent reasonable, legitimate political discourse. We’re not going to judge.”

Readers, I was right to worry.

Our elite political media is now bothsidesing racism.

Most of the coverage of Thursday’s Supreme Court decision -– to the extent that it raised the issue of racial animus at all — consisted of, literally, both sides. Reporters briefly quoted Alito’s opinion, briefly quoted Justice Elana Kagan’s blistering dissent, and left it at that. Jump ball.

See the Associated Press, the Washington Post, and NBC Nightly News coverage, for instance. The CBS Evening News and ABC World News Tonight whiffed entirely on the racial element.

That was bad enough.

What was even worse was the New York Times “news analysis” headlined “Justices Clash on Whether Race Played a Role in Trump’s Bid to Deport Haitians.” In it, chief legal affairs correspondent Adam Liptak explicitly treated Trump’s obvious racism as an open question, with two sides.

Here’s the top:

The Supreme Court on Thursday confronted two questions that have also confounded many Americans for the past decade: How seriously should people take President Trump’s wild, coarse and ugly statements? And are some of them marred by racial animus?

Like the country itself, the court was deeply divided on both.

This is pure poppycock. The question about Trump’s racial animus has not “confounded” many Americans. His animus is on display almost daily.

Who thinks Trump’s “wild, coarse and ugly statements” are some sort of joke? Nobody.

Indeed, everybody in touch with reality knows very well that Trump holds “racial animus.” Even Alito and the five other Trump acolytes on the high court know that, they just choose to lie about it.

To the extent that the country is “deeply divided,” it is between a minority of people who share Trump’s views and an overwhelming majority (I hope) who don’t.

And that shouldn’t be a “both sides” issue. Journalists should have the integrity to call out racist language and racist acts by name, and to cast racism as a societal ill.

The coverage should have made it clear that Alito was making an indefensible argument.

Here’s what the top of my “news analysis” would have looked like:

The six hard-right justices who control the Supreme Court on Thursday gave Donald Trump the go-ahead to deport hundreds of thousands of legal Haitian and Syrian immigrants, insisting – against a mountain of evidence – that Trump’s decision-making was not even slightly motivated by racial animus.

The Opinion

If you haven’t read the key sections of Alito’s opinion and Kagan’s dissent, they are really worth your time. The opinion approves the termination of Temporary Protected Status (TPS) for immigrants from Haiti and Syria, taking away their legal status and making them subject to deportation.

In his discussion of Trump’s comments, Alito split hairs:

The President’s comments fall into four main categories. First, many express strong objections to the immigration that this country has experienced in recent decades and to many of the immigrants who have come here, particularly those who have come to or stayed in the United States illegally. These statements associate these immigrants with crime and other social ills. Second, some statements express great displeasure with TPS. They note, among other things, that TPS designations have often been far from temporary and that aliens who are allowed to stay in the United States under the program are not vetted like other aliens who seek admission. Third, some statements broadly denigrate the countries for which TPS designations have been granted—including Haiti—portraying them as hellish places in which to live. And fourth, some statements malign Haitians who have come to the United States.

Then he concluded:

None of the cited statements by either the President or the Secretary was overtly racial, and in substance all expressed policy views that could rest on race-neutral justifications. For example, one may oppose TPS and favor tighter restrictions on immigration for economic or other reasons that have nothing to do with race. And a person without racial bias can provide a harshly unfavorable description of living conditions in some of the countries with TPS designations. The criteria for TPS designations guarantee that many, if not most, designated countries have such characteristics.

Alito casually shrugged off Trump’s “heated language” as the new normal. (The case, Mullin v. Doe, was formerly known as Trump v. Miot):

In offering the cited statements as proof that the termination of Haiti’s TPS termination was motivated by race, Miot respondents seek to capitalize on the statements’ heated language. Political discourse by prominent public figures is increasingly couched in terms that would have scandalized the public just a short time ago, and the statements cited by Miot respondents—especially those concerning Haiti and Haitian immigrants to this country—exemplify this development. But whatever one may think of the cited statements, they are insufficient to show that the termination of Haiti’s TPS designation was based on the race of the Haitian people.

Interestingly enough, Alito personally distanced himself from Trump’s statements, expressing empathy for Haitians and writing that “there is no justification for denigrating the character of Haitians who suffer from and bear no responsibility for their country’s ills.”

I agree that there is no justification. But there is an explanation. And that explanation is that Trump is racist.

The Dissent

Kagan, in dissent, wrote that the Haitian plaintiffs had provided clear evidence that race played a role in Trump’s decision:

The evidence they have offered includes statements by the President so repellent and racially inflected that the majority declines to put them in print. (Indeed, one measure of the President’s way of speaking about Haitians is to compare it with the majority’s, which is unfailingly respectful.)

So here are some of those statements. Haitians are “eating the dogs . . . . They’re eating the cats. They’re eating—they’re eating the pets of the people that live [in Springfield, Ohio].” And: Haitians are also eating “other things too that they’re not supposed to be.” And: Haitians in the United States “probably have AIDS.” And:Haiti is a “shithole country,” which is “filthy, dirty, [and] disgusting.” And: Haitian immigration is “like a death wish for our country.” And: Haitians, along with some others, are “poisoning the blood” of our country. And: “Why is it we only take people from shithole countries” like “Haiti [and] Somalia”? “Why cannot we have some people from Norway [and] Sweden?”

The majority briefly replies that those remarks are not “overtly racial,” but it is hard to know what that means. Haitians are Black. (Norwegians and Swedes not so much.) The references—of filth, disease, and primitiveness—are shot through with racial stereotypes and tropes. It is hard to imagine the statements being made today of any White community. No very “sensitive inquiry” …. is needed to see them for what they are; judges, as we often say, are “not required to exhibit a naiveté from which ordinary citizens are free.”

The statements fairly shout, in their racial undertones and overtones alike, that race entered into the President’s resolve to remove Haitians from this country.

No reasonable person could read Kagan’s dissent and take Alito’s opinion at face value.

The Honest Takeaway

For an antidote to the mainstream media’s whitewashing of the racial issue, read Elie Mystal’s piece in the Nation, headlined: “The Supreme Court Once Again Endorses Trump’s Racism.” Mystal wrote:

Alito and the other Republicans on the Supreme Court have given constitutional protection to the openly racist and white supremacist policies of the Trump administration.

And he concluded:

The decision to ignore Trump’s racism means that the Republicans on the Supreme Court are racist. I don’t claim to know what’s in their hearts, but more to the point, I don’t care. I can see their racist actions. And their actions affirm, time and again, Trump’s own overt racial biases. It has been clear for a long time that that affirmation must be interpreted as an endorsement.

Matt Ford authored an excellent overview of the case for the New Republic, headlined: “The Supreme Court Backs Trump’s Gutter Racism.”

He wrote that “the court effectively blessed Trump’s bigotry toward Haitians and dealt potentially catastrophic damage to federal civil rights laws.” He called attention to the “echoes of Nazi Germany when the president says that a minority group is ‘poisoning the blood’ of our country.” And he concluded:

In the end, it comes as no real surprise that the Supreme Court’s conservative majority takes no issue with Trump’s description of Haiti as a “shithole country,” nor that it finds no racist motivation in describing Haitians as eating people’s pets or poisoning the blood of the American Volk. They don’t see Trump’s remarks or actions as racist because they apparently agree with him.

It’s the Whole Party

If you’re going to write about politics and racism, one of the most important stories to tell is that not just Trump, but the entire Republican Party – inspired and liberated by Trump — is becoming more and more overtly racist. And that includes the Republicans on the high court.

As I wrote in October, “It’s becoming increasingly clear that white supremacy is one of the core animating principles of the Republicans who control all three branches of government.”

Case in point, Rep. Tom Emmer of Minnesota, who as majority whip is the third-ranking Republican in the House, proudly acknowledgedovertly racist views on Thursday at a Faith and Freedom Coalition event on Capitol Hill.

“Minnesotans are so afraid that you’re gonna call us a racist, you’re gonna call us an Islamophobe…. You know what?… I’m done being careful, even the least bit careful,” he said. Somalis “don’t assimilate,” he said, “And if they don’t assimilate, then they should go the hell back to where they came from.”

This is a change. Ten years ago, Emmer was bragging about how quickly Somalis assimilated and saying he supported them “wholeheartedly.”

Racism is now rampant in one of our two political parties. But that’s not an excuse for journalists to treat it like an issue with two legitimate sides -– or to cover it up.

Senator Chris Murphy of Connecticut gave a stunning speech about the normalcy of corruption in the Trump White House. Senator Murphy spoke about “500 Days of Corruption,” in which he detailed numerous deals that enriched the Trump sons, Don Jr. and Eric. Typically, they invested in a company and with days or weeks, that company received a government contract.

Set aside 30 minutes and watch this speech. It is startling, infuriating, outrageous.

Just yesterday (June 29), the media reported that President Trump made $2.2 billion in 2025. $2.2 billion!

The New York Times reported:

President Trump reaped a stunning windfall in his first year back in the White House, including about $1.4 billion from his family’s cryptocurrency businesses, a new filing shows.

All told, the president pulled in at least $2.2 billion, a figure that includes other parts of his vast holdings, such as his real estate assets. That compares to a minimum of $622 million his enterprises pulled in for all of 2024, before he returned to the presidency.

One of his biggest hauls in 2025 came when an investment firm tied to the United Arab Emirates bought nearly half of the Trump family’s main crypto company, World Liberty Financial, a transaction that blurred the line between foreign policy and private enterprise.

Mr. Trump also collected hundreds of millions of dollars from sales of his $TRUMP memecoin and World Liberty’s sale of its own digital tokens.

Remember how the Republicans in Congress excoriated Hunter Biden because he was paid to serve as a board member for a company called Burisma in Ukraine? How many times did Trump and his allies speak with derision about “the Biden crime family”?

Penny-ante when compared to the shameless profiteering of the Trump family.

The President should have no problem paying his $5 million debt to E. Jean Carroll, which the U.S. Supreme Court refused to overturn or even the $83 million judgment that Carroll won in state court but Trump is litigating to avoid paying.

Paul Krugman wrote about a giant-sized scandal that involves corruption, conflict of interest, nepotism, any number of violations of the law and the Constitution. The story appeared on the front page of The New York Times. Will anything happen to the perpetrators? Not as long as Trump is President.

The attitude of Republicans: Move on, nothing to see here.

Krugman wrote:

It’s kind of hard to believe, but the original Borat movie was 20 years ago. It’s time for a second sequel. And I already have the title. It would be Corruption for Make Benefit Glorious Family of Trump. 

I hope that some of my listeners are young enough to not remember the original Borat movie. But it was a mockumentary, a satire, in which Sacha Baron Cohen pretended to be a journalist from Kazakhstan investigating and interviewing Americans about American mores. It was not about Kazakhstan, although he did insult the country along the way. 

The reason I think about it is that today’s New York Times has a piece that reports, investigative reporting, on an immense mining deal in Kazakhstan, which, what do you know, turns out to be a big profit center for the Trump sons and also the sons of Howard Lutnick, the Commerce Secretary. 

Check out the investigative reporting for the details, but basically here’s another one, another big one.

It’s part of an immense series of corrupt deals, often with petrostates — which Kazakhstan is — that financially benefit Donald Trump and his family and some of his cronies and cabinet members as well and their families. It’s all on a truly epic scale. 

This is a message I have been trying to get across. I don’t think many people even now understand just how much of a departure what’s happening now is from past US history. I still see people saying we might be, could be heading for another Gilded Age. But we have a level of concentration of wealth in the hands of a few people that is something like three times what it was at the peak of the Gilded Age. We’re in a super duper Gilded Age. 

And I sometimes hear people say, well, could we be returning to old kinds of corruption? Might we have another Teapot Dome scandal? Well, my God. Teapot Dome was a scandal actually involving mineral rights and bribes during the Harding administration, although not bribes to the president’s family, which is, again, something entirely new. The scale of the bribes was about $500,000: adjusting for inflation, that’s something like $9 million today.

So how much has Trump enriched himself since returning to the White House about 500 days ago? The answer is certainly more than four billion dollars, almost certainly more than four and a half, maybe five billion dollars. Divide that by 500 and we basically have a Teapot Dome sized corruption scandal on an average day under Trump.

So it’s basically day after day of scandals as big or bigger than Teapot Dome. Our corrupt grandfathers, great-grandfathers were pikers compared with this, just as the Gilded Age robber barons were pikers compared with the modern-day tech bros. 

This is obviously not good. It’s actually quite horrifying. How did we so quickly descend into becoming a truly massively corrupt country on a level that we used to think of as being associated only with tinpot dictators in the third world? And yet here we are. 

This ought to be a political issue and it ought to be a legal issue as soon as the government is back in the hands of people who actually take the rule of law seriously. Again, without going into the details of the deal, it’s surely illegal. I mean, it’s illegal under the Emoluments Clause. Probably since there are definitely Kazakhs on the take as well, it’s illegal under the Foreign Corrupt Practices Act. This is just, it’s illegal up the wazoo.

Of course, it will not be prosecuted as long as Trump is in the White House. But forget any Democrat who isn’t promising to go after this massive corruption when they regain power. If they don’t, then none of this matters, but that should be a core part of anybody’s platform. 

I’m not a political expert — sometimes I think nobody is — but my God, again, this corruption is so blatant. And it does resonate with people. It’s really clear that corruption at the top and the sense that ordinary people are paying the price while people with power enrich themselves is an effective popular issue. That is actually the issue that brought Viktor Orban down in Hungary, which is one of the hopeful signs for what may happen to America going down the pike. 

So here we are, just to remind you that this scandal, it’s a huge thing. It’s page one in the New York Times, but in a way it’s actually kind of ordinary, since even this size of scandal is happening every few weeks these days.

Do not make the mistake of treating what’s going on as in any sense normal. This is hugely abnormal, and I believe that the American people will understand that it’s abnormal even if pundits get bored of talking about the corruption. So drive it home, maybe for make benefit American people instead of the Trump family.

Here is the article in The New York Times describing the lucrative deal in Kazakhstan that will increase the wealth of the sons of Trump and Lutnick. It is a gift article.

When Commerce Secretary Howard Lutnick met with Kazakhstan’s president at the St. Regis Hotel last September in New York, President Trump jumped in by phone as the men sealed a deal on a top priority for Washington.

During the call, Mr. Trump and his team won an agreement from the Kazakh leader to give a little-known American company access to one of the world’s largest untapped reserves of tungsten, a metal that the United States desperately needs for the production of missile warheads, fighter jets, computer chips and other critical goods.

Ahead of the deal, the Trump administration approved preliminary applications for as much as $1.6 billion in federal financing for the American company, now called Kaz Resources, which plans to break ground on the project in rural Kazakhstan.

It was not only Mr. Trump and Mr. Lutnick who saw an opportunity.

Their sons were soon doing business with partners in a deal that their fathers were negotiating, continuing a pattern of self-enrichment in the second Trump administration that has few precedents in American history.

Within weeks of the St. Regis negotiations, investors with a firm called Dominari Securities, which is housed at Trump Tower in New York and partly owned by the president’s two eldest sons, Donald Trump Jr. and Eric Trump, joined with other partners to take a 20 percent stake in a corporate entity related to the Kazakhstan project.

Around the same time, Cantor Fitzgerald, an investment company controlled by Mr. Lutnick’s family and overseen by his sons Brandon and Kyle Lutnick, helped one of the lead investors working with Dominari on the Kazakh deal raise $210 million in new capital for a related entity. Such rounds of fund-raising typically net Cantor millions of dollars in fees.

The Kazakh deal was ultimately signed on Nov. 6, six days after the investment involving the Trump sons and their partners, which was not publicly disclosed at the time.

The arrangement is hardly an outlier. One or both families have financial ties to at least 14 companies that are actively working with the federal government on critical mining deals, including the Kazakhstan project, according to federal filings examined by The New York Times.

All 14 of these companies have either benefited directly from offers of financial assistance from the Trump administration, or have pending permit applications before the Commerce Department, which Mr. Lutnick oversees, The Times found. The total amount of federal funding that the Trump administration has provided or is considering providing to the companies exceeds $8.9 billion, according to public statements by the companies and federal government.

Denis Smith’s late brother was an FBI agent. He was part of a team of agents sent to Mississippi to protect voting rights. When Denis learned that Kash Patel’s FBI recently raided a voting rights organization in Cleveland, he had a flashback.

Denis Smith was a public school administrator. He worked in the charter school office at the State Education Department.

Smith doesn’t explain why the FBI raided a group that was encouraging people to register to vote. We are all left to wonder why.

He wrote in the Ohio Capital Journal:

Something happened in Cleveland recently that needs our attention, regardless of political affiliation.

The headline about the event was concise, specific and, in the end, alarming: FBI Raids Ohio Voting Rights Organization. 

With so many crises facing the nation now, do we have to read that six-word headline again to fully understand what we have come to as a republic celebrating its 250th birthday? 

For me, reading about the FBI raiding a voting rights organization here in Ohio brought back a vivid memory about the career of my late brother, an FBI agent. Let me explain.

Six decades ago, the headlines back then also involved the FBI and voting rights, though the setting was not Ohio, but in Mississippi.   

There was one huge difference with the Ohio FBI raid: The Bureau was not involved more than a half-century ago in raiding organizations supporting voting rights, whether in Mississippi or Ohio. 

Quite the opposite.

In June 1964, three civil rights workers were murdered in Neshoba County, Mississippi by local members of the White Knights of the Ku Klux Klan.

James Chaney, Andrew Goodman, and Michael Schwerner died at the hands of the Klan because they were helping people register to vote. 

Since the three men initially were listed as missing, the FBI was able to assume jurisdiction because the initial thinking had the three treated as being kidnapped, allowing federal agents to use federal abduction law to work around the local authorities, who were thought to be also involved in the disappearance of the trio.

That proved to be correct, as Lawrence Rainey, the Neshoba County sheriff and his deputy, Cecil Price, were indicted as part of a conspiracy that led to the murders of the activists. Rainey was acquitted but Price was convicted of civil rights violations and served most of a six-year prison sentence.

In 1988, Mississippi Burning, a film starring Gene Hackman, chronicled the epic events surrounding the murders of the civil rights workers. 

The film name came from MIBURN, the case file named for the charred vehicle used by the men that was found after their disappearance as well as referring to the burned African American churches that were set ablaze during the summer of 1964. 

As the scope of the case widened and weeks passed with no sign of the three men, more FBI agents from other field offices were put on temporary assignment to the case and traveled to Philadelphia, Mississippi, the Neshoba County seat.

One of those on temporary assignment in Mississippi was FBI Special Agent Edward C. Smith Jr., who was also from Philadelphia — the one in Pennsylvania. He was my brother.

As a career FBI agent, my brother was the utmost model of professionalism. He did not discuss his work, and during this era of civil and voting rights activism, particularly in the South, his family had no idea where he might be at any given moment.

That changed when my sharp-eyed mother was watching the Today Show at her home in Philadelphia one morning during that momentous summer of 1964. 

As she was ironing, her attention was drawn to the TV screen by a report about the ongoing investigation in Mississippi. 

When she heard the words Philadelphia, Mississippi, she dropped her weekly laundry routine to fixate on the story coming from the Neshoba County Courthouse. 

To her great surprise she saw her son Ed on the TV screen standing among some other FBI agents on the courthouse steps.

Now our family knew the scope of work our brother was involved with and why he had not contacted us recently.

This personal detail about my brother is provided to inform as well as remind readers that once upon a time, the Federal Bureau of Investigation — however reluctant it might have been during the tenure of long-time director J. Edgar Hoover — nevertheless worked diligently to protect individuals involved in civil and voting rights activity. 

It is no coincidence that the Voting Rights Act of 1965 was a consequence of the upheaval during the summer of 1964.

Upon his retirement, my brother did provide some details about his experience during the Mississippi Burning era, when some of the locals referred to his agency as the Federal Bureau of Integration. 

But such epithets proved to be confirmation of the effectiveness of the FBI to enforce the newly enacted Voting Rights Act as well as ensuring that the Fifteenth Amendment and the right to vote extended to every eligible citizen.

It is therefore understandable that those who lived during the bad times of the 1960s, when the Federal Bureau of Investigation had a mission to enforce federal law and ensure that Americans had access to the ballot box, are uneasy about a raid by the same FBI on an organization that works to promote voting rights.

Again, we are not talking about Mississippi but Ohio. In addition to the headline, the lead played out that feeling of uneasiness.

“FBI agents on Thursday raided the Cleveland offices of the Ohio Organizing Collaborative, a pro-democracy organization that helps register voters in that state…” the story read.

My brother would be very upset if he knew his beloved FBI conducted a raid in Ohio on an organization whose mission is to ensure that people are registered to vote.

Yes, we are witness to an FBI raid on a voting rights organization in Ohio, not Mississippi. Edward C. Smith Jr., may you rest in peace. If you were still with us, you would realize better than the rest of us how far we as a nation have marched. Backwards.

The day is not over, but so far, the High Court has handed three losses to Trump, but one significant victory. After today, every member of every independent commission serves at his pleasure.

It refused to hear his appeal to overturn a $5 million judgment against Trump for sexually assaulting the writer E. Jean Carroll. A far larger award ($83 million) by a New York court for Trump’s repeated defamation of Carroll has also been appealed and will be heard in another lawsuit. The victory today is a huge win for Carroll. No votes were recorded.

By 5-4, it upheld a Mississippi law allowing mail-in ballots that were postmarked by Election Day but received after the day. Trump has repeatedly claimed that mail-in ballots should be banned outright, but that’s now a moot question. The Court concluded that states set the rules for election, as it says in the Constitution, not the President. Justice Amy Coney Barrett wrote the decision, which was joined by Chief Justice Roberts, and the three liberal justices.

By 5-4, Chief Justice Roberts and Justice Barrett joined the three liberal justices to reject Trump’s attempt to fire Lisa Cook as a member of the Federal Reserve Board because she did not receive due process and because the Fed is special among independent federal commissions. As the entity that sets monetary policy, it must be immune from political interference. To date, Commissioner Cook has spent $1.3 million on her defense, contributed by two nonprofits. The process is the punishment.

Cook’s case will now go back to lower courts, which will decide whether she committed criminal fraud on mortgage applications. These are the same charges leveled against New York State Attorney General Letitia James and Senator Adam Schiff, which has thus far failed to secure a conviction.

The information about mortgages was leaked by Bill Pulte, a MAGA loyalist who heads the Housing Finance Agency and was recently installed by Trump as acting Director of National Intelligence. Pulte lacks the qualifications for the job, having had no experience in intelligence, but he will oversee the nation’s deepest secrets from more than a dozen intelligence agencies, including the FBI and the CIA. It is widely assumed that he will continue to dig up dirt on Trump’s enemies to advance Trump’s retribution campaign.

But in a different decision, a majority gave the President the power to fire members of other “independent” commissions and agencies, overturning a precedent from 1932 known as “Humphrey’s Executor”:

The New York Times explained:

In a major expansion of presidential authority, the Supreme Court cleared the way on Monday for President Trump to fire independent government regulators despite federal laws meant to protect their jobs. But the justices separately carved out an exception for the Federal Reserve, and prevented the president from immediately removing Lisa D. Cook from the powerful central bank.

The court’s 6-to-3 ruling to broadly allow the firings, with the three liberal justices dissenting, represented a significant shift in power from Congress to the president and could usher in a drastic change to the federal government’s structure by giving the president more direct control over independent agencies.

The case specifically tested whether Mr. Trump could oust Rebecca Kelly Slaughter, a Democratic member of the Federal Trade Commission, simply because she does not align with his agenda and despite a law that says the president can remove commissioners only for “inefficiency, neglect of duty or malfeasance in office.”

But the decision has implications for more than two dozen agencies — including those charged with protecting consumers, workers, the environment and nuclear safety — that have traditionally been insulated from complete presidential control by laws with similar protections.

In a separate decision, however, a divided court blocked the president from ousting Ms. Cook, saying she had not been given an opportunity to refute the administration’s unproven allegations of mortgage fraud, the rationale Mr. Trump had offered in attempting to fire her.

Former top Fed and Treasury officials and Ms. Cook’s legal team had warned the Supreme Court that allowing Mr. Trump to remove her while litigation was underway would spur economic turmoil and undermine the longstanding political independence of the central bank.

On Lisa Cook, the opinion said:

The Court rejects the Government’s halfhearted contention that Cook in fact received due process. At minimum, Cook was entitled to some explanation of the evidence at issue, some avenue for a response, and a deadline by which a response would be due.

If Trump tries again to remove her, she will get due process and more legal bills.

Next week: birthright citizenship and transgender rights.

Michelle H. Davis, writer of “Lone Star Left,” poses a challenge for her readers: who is the biggest nutter in the Texas Republican Party? Believe me, this is not an easy choice. Imagine being locked in a room with some of these people and trying to contest their peculiar fixations and conspiracy theories. I include this post because it will help you understand the governing party in one our most consequential states. Don’t expect normal.

Davis’s writing is so delightful, in a sardonic Texas way, that I thought you would enjoy reading her insights, maybe sending a contribution to the folks who are running against nutters. If you open the article, it contains links to candidates.

She writes:

I say nutter, you might say loon, or crank. A nutter is basically a Republican in our government who has confused a Facebook meme with a legislative agenda. Seriously, the State Legislature is full of them.


For example, last year, Wes Virdell filed a bill to make it a felony to control the weather. Virdell’s bill was aimed at chemtrails, the conspiracy theory that the government is poisoning the sky with jet contrails to manipulate the climate, the sunlight, and your mood. Virdell told the House Licensing Procedures Committee that he hadn’t planned on bringing this one, but “I had several constituents in my district ask me to file a bill related to this.” Seventeen of his House colleagues signed on as co-authors.


Or take Stan “Confederate Stan” Gerdes, who introduced the F.U.R.R.I.E.S. Act, that’s the Forbidding Unlawful Representation of Roleplaying in Education Act, because he’d heard a rumor that kids were using litter boxes in his local school district. The superintendent of his own district had already told him there were no litter boxes. He filed the bill anyway.


These aren’t outliers. Every session now produces its own crop of bills built on something somebody saw on Facebook, and Texas Republicans keep handing them committee hearings, co-authors, and gubernatorial endorsements.


That’s what a nutter is. A true believer who legislates from conspiracy theory, who can’t or won’t distinguish between a hoax and a constituent complaint worth taking seriously, and who gets rewarded for it instead of being laughed out of the building.


And when you think you’ve found the looniest one in the building, Texas hands you a bigger nutter.


Montgomery County gave Cecil Bell the ax.
This is why we’re talking about nutters today. Cecil Bell was a dumb redneck and a nutter out of Montgomery County, who held his seat for 14 years. Yesterday, when I wrote about his Democratic opponent, Nicole King, in the Meet the Candidate series, I honestly didn’t check whether he lost his primary this year. I can actually do this cool party trick and recite all the Texas House members by memory. Well, not anymore.


So, Cecil Bell, after 14 years of being a QAnon nutter in Montgomery County, is out, and Kristen Plaisance (R-HD03) is in. And from what I’m hearing, she’s about three tacos short of a combo plate.

On her website, she argues that government overspending is causing skyrocketing property taxes. And she promises to end property taxes. Which really shows that she doesn’t understand ANYTHING about Texas’ state spending or how property taxes work.


And then there’s a whole bunch of deranged priorities that make no sense at all:

*Protecting and educating our children with Texas values, not federal agendas.

*Ending the weaponization of government against citizens and people of faith.

*Standing up to federal overreach and protecting Texas sovereignty.

Makes you wonder what’s going on in rural (checks notes) Montgomery County, Texas, where the white Republicans are so fearful of the feds a.k.a. Donald Trump, who they love and worship.

So, now that the primaries and the runoffs are over and done with, we’ve avoided it as long as we can; it’s time to talk about the Republicans who are no more, and their shiny new cuckoo replacements.


Congress.


These are the Republican districts only. Maybe we can flip some of them. We’ll talk about Democratic challengers in blue districts another day.


TX02: Dan Crenshaw
➡️ Steve Toth. This was a genuine litmus test for Texas Republicans, way before their convention hit. Dan Crenshaw was not a centrist or a moderate by any means. Yet, the Republican base started calling him a “RINO,” and that became the slow death of his political career.


You see, in the Republican world, they accept those among them who are criminals and pedophiles, but if you are a traitor to their cult-think, you become a RINO, a liberal, and shunned forever from Republican functions, Evangelical churches, and weekly cross burnings. It’s a recurring thing that happens in the Republican Party, sometimes for a bad vote, sometimes for aligning yourself with the wrong person, but most often it’s from internet rumors by the social media armies of the right. In Crenshaw’s particular case, I don’t know the origins of his downfall, but Toth won by being more committed to “the cause.”


New York native Steve Toth doesn’t even live in this district. Before becoming a government official, he was a pool guy. And he really hates Black people and American history.

Shaun Finnie is the Democrat running for TX02.

TX08: Morgan Lutrell ➡️ Jessica Steinmann. Morgan Lutrell decided not to seek re-election. The Republican who won the primary in this district is Jessica Steinmann, who describes herself as an “America First conservative, President Trump and Ted Cruz alum, Christian, proud wife, mother of two, and proven fighter for the America First agenda.” 🤮


On her website, she says “Trump” about roughly every five words, and her priorities seem to be to get Black people out of higher education, non-Christians out of the military, kill the planet, make sure AI isn’t regulated, and to inspect every athlete’s genitals before they can engage in sports.


Laura Jones is the Democrat running for TX08.


TX09:
🫨 ➡️ Alex Mealer. So, Republicans drew this district to be red in their racial gerrymandering last year. This seat was Al Green’s, so I don’t know whether we still call it a blue or red district. But I’ll add this caveat. I think this seat could be blue in November, and it’s not as safe as Republicans think.


California native Alex Mealer is this wacky Republican who has been wreaking havoc in Harris County for the last several years. She ran against Lina Hidalgo for County Chair in 2022 and lost. She has a history of spreading election conspiracy theories online, and now she’s running for Congress.


According to Mealer’s website, she wants to protect the petrochemical complex, bar AI regulations, and reduce flooding. It’s so stupid, it hurts. She wants to take severe actions that will lead to increased flooding and reduce flooding.


Leticia Gutiérrez is the Democrat running for TX09.


TX10: Michael McCaul
➡️ Chris Gober. After 23 years in office, McCaul, one of the wealthiest members of Congress, finally retired. Good riddance. Gober, pronounced “goo-ber,” proudly proclaims himself to be the only Trump-endorsed candidate in TX10.

Not one of these Republicans has a priority, a care, or a personality beyond, “Trump is my daddy.” Gober’s issues are the same as the rest, “stop weaponization of the fed, beat China, AI dominance.” Yet, like the rest of them, he has no policy ideas on how to do any of that, or any proof that it’s happening now or needed.


Caitlin Rourk is the Democrat running for TX10.

TX19: Jodey Arrington ➡️ Tom Sell. The only thing I’m going to miss about Jodey Arrington is calling him Frodo Baggins on his social media every time he makes a post. Seriously, you won’t be able to unsee it.

But there’s always a bigger nutter, and the Republican running for this district, Tom Sell, is absolutely one. For one, on his website, he says he wants to “Stop Sharia Law,” which is a dog whistle for bigotry for people who can’t even define Sharia Law. He also says he wants to “Stop Leftwing radicals from injecting woke politics into the US military.” Wtf does that even mean? No gay people in the military? No women? No Black people? Who knows with these fuckers.


Kyle Rable is the Democrat running for TX19.


TX21: Chip Roy
➡️ Mark Teixeira. Virginia native Chip Roy is another Republican who fell to the RINO bug. Which is pretty funny, considering he’s also a screwball who spent the last six months trying to convince Texans there was an invasion of “Marxists and Muslims.”


Teixeira is a Maryland native and a former Texas Rangers baseball player who is now retired from sports, during which he earned roughly $213 million over his 14-year playing career. He wants to get into Republican politics and stick it to the little guy. According to his website, he loves Trump, fossil fuels, and incarcerating marginalized communities. He also believes in superstitions, the boogie man, and “Cultural Marxism.” Another out-of-touch, rich, white guy from some other state than Texas, looking to continue to make sure that Texas remains the state with the highest poverty, most uninsured, and most children living with hunger.


Dr. Kristin Hook is the Democrat running for TX21.


TX22: Troy Nehls
➡️ Trever Nehls. Twin Wisconsin natives, Troy and Trever Nehls, are two peas in a pod. Corruption? They like it. Women? They hate them. Trump’s boots? They kiss it. Talk like they’re lost in the woods without a flashlight? Both of them do it.


Honestly, the Nehls brothers’ politics are as identical as their hatred for liberty and freedom for Texans. We think we’re switching them out, but they may have been playing the swicharoo on us this whole time, and continue to plan on doing so.
🤷🏻‍♀️


Marquette Greene-Scott is the Democrat running for TX22.


TX23: Tony Gonzalez
➡️ Brandon Herrera. While this story was going on, I didn’t talk about it much because it’s sad as hell, and there were plenty of other outlets who were glad to drop all the juicy details. Gonzalez had an affair with a staffer, whose husband discovered the affair, and this led to the staffer’s suicide by self-immolation.
But there’s always a bigger nutter.


North Carolina native Brandon Herrera also goes by the moniker “The AK Guy,” as in “armalite rifles.” He’s a gun manufacturer who only moved to Texas in 2023 with the specific intent to run for Congress. He’s also a popular YouTuber who makes shooting videos, including the recreation of the assassination of Martin Luther King Jr. On his YouTube channel, he has also joked about veteran suicide, glorified Nazis, and mocked the Holocaust.


The Congressional district he’s running for is where the massacre in Uvalde happened. One time, at a campaign event, he left an unexploded grenade at a restaurant, and the restaurant had to call the bomb squad. He wasn’t charged, as it was chalked up to an “accident,” and some Texas police are right-wing dipshits, too.


Katy Padilla Stout is the Democrat running for TX23.


TX38: Wesley Hunt
➡️ Jon Bonck. Wesley Hunt ran for Senate and lost. Oh well. Goodbye. Hopefully, we don’t hear from him again. The Republican looking to replace him is Jon Bonck, short for “bonkers,” because he put out a whole ad saying that “we need Christians like Trump and Ted Cruz in Congress.”


Trump, the pedophile rapist, is the Christian values he looks up to. And this is from his website:

Faith belongs in public life? What? These people have legit never read the Constitution, never read the Federalist papers, and the only people they listen to are their pastor and Trump. This bonkers guy is very, very weird.


Melissa McDonough is the Democrat running for TX38.


We’re going to have to do a Part Two.


This was longer than I expected, and we still have the Legislative races to go through. So, we’ll do part two. I’m not exactly sure when.

Catherine Rampell of The Bulwark warns that the Trump administration hopes to roll back the rights of people with disabilities. The administration wants to promote institutionalization, rather than home care or community-based care.

He and those around him have no sympathy for the struggles of people with disabilities to be treated with dignity. She recalls that in one of his first press conferences as a candidate, he mocked a reporter with disabilities, fluttering his arms and hands in the air. For others, that would have ended their campaign, but Trump lacks any sense of shame.

Rampell writes:

Last week the Department of Justice published a memo authorizing states to institutionalize more people with disabilities. This basically means plucking more people out of society and shutting them into nursing homes, psychiatric hospitals, segregated schools, and sheltered workshops, rather than funding community- or home-based care where they have more autonomy.

“This is at its core about the belonging and inclusion of people with disabilities in our communities,” says Alison Barkoff, a health law professor at George Washington University who worked on disability policy under Presidents Barack Obama and Joe Biden. “This is about moving forward from a very shameful part of our history when we locked people with disabilities away from society.”

THE TRUMP ADMINISTRATION HAS MADE clear that it wishes to purge America of some of its undesirables. That includes, for instance, deporting 100 million people (a third of the population). But for those he can’t expel, he hopes to simply hide away.

The DOJ policy would turn back the clock on decades of law and Supreme Court precedent. Since Olmstead v. L.C.,¹ in 1999, states have been required to support disabled people in the most integrated setting possible that is appropriate to their needs. Institutionalization is supposed to be the last resort.

The consequences of this change could be enormous. Community- and home-based care services involve having a home health aide visit a person for, say, a few hours a week at home, rather than sealing them off in a closed facility. They help disabled people achieve both personal and financial independence. This kind of support empowers people to care for themselves, maintain relationships with friends and family, and hold jobs. And there has generally been bipartisan political backing for policies that, for example, enable children with disabilities to live with their parents whenever possible.

The actual legal enforceability of this memo is still unclear. Perhaps because it may not have originated with actual lawyers. Stephen Miller was reportedly behind it, Bloomberg reported, though the White House has officially denied his involvement.²

Even before this memo, states have been slashing disability services for some time as a result of the Medicaid cuts in Trump’s One Big Beautiful Bill. The law’s advocates professed that the cuts would safeguard safety-net programs for the “most vulnerable Americans,” but so far children and people with disabilities are among the biggest victims. More than half of states have already cut home- and community-based services that support elderly people with disabilities living in their homes.

The irony is that, in the long run, these changes may be more costly, since institutionalization tends to be much more expensive than letting people stay in their homes with supportive care.

“The states are a little bit playing Russian roulette,” says Barkoff. “They’re saying: ‘Is this a person who is going to find some way to navigate these cuts, and find family or friends to fill in? Or is it someone who’s going to end up costing me three times as much because they end up in a nursing home or in the emergency room?’”

The DOJ memo is part of a sweeping series of changes from this administration that affect how disabled people learn, live, work, and otherwise interact with society.

The administration also announced last week that it was reassigning the Education Department’s responsibilities for special education and civil rightsto the Department of Health and Human Services, raising concerns about whether children will continue to have access to free, appropriate public education.

HHS, after all, is run by Secretary Robert F. Kennedy Jr., who has spoken in degrading and even vaguely eliminationist terms about people with intellectual disabilities and neurodevelopmental conditions. Last summer, for instance, Kennedy lamented that autistic people would never lead productive lives: “And these are kids who will never pay taxes, they’ll never hold a job, they’ll never play baseball, they’ll never write a poem, they’ll never go out on a date. Many of them will never use a toilet unassisted.”³

Shortly after those remarks, another HHS official, NIH Director Dr. Jay Bhattacharya, announced plans to create a compulsory “registry” of people with autism, using confidential private and government health records without consent—purportedly for the purpose of better studying the condition. These kinds of government lists, when compiled in authoritarian regimes, have not always worked out well for those appearing on them. After public outcry from the disability rights community, the agency eventually walked back the plans.

Elsewhere the administration has ended or suppressed programs intended to help people with disabilities. For example, the government canceled surveys tracking factors that can help disabled people find employment. It has tried to prevent Head Start providers from using the word “disability” when describing their programs, which forced at least one provider to cancel staff training on working with kids with autism spectrum disorder.⁴ And it withdrew guidance for businesses about their obligations under the Americans with Disabilities Act.

Not all of this can be laid at the feet of Miller, odious though he may be. After all, his boss launched his political career by appearing to mock a New York Times reporter with a physical disability; and both Trump and his top civil rights appointee regularly use a slur for people with mental disabilities.

Long ago Trump promised Americans a new “Golden Age.” And he’s been clear from the get-go who he believes belongs in it, and who does not.

Thom Hartmann is a brilliant researcher, author, journalist, and blogger. He writes incisively about American politics.

In this post, he explains that the decision by the U.S. Supreme Court on immigration was not about who gets to cross the border but whether the President can ignore laws passed by Congress. The rightwing majority of six is constructing and reinforcing the theory of the “unitary executive,” which makes the Presidency more powerful than the other two branches. Since the Reagan era, rightwingers have embraced this idea. This was not the intent of the Founders, who designed a government in which there was no sovereign, no king.

The rightwing majority on the Court are Originalists when it serves their purposes (didn’t everyone carry a gun whenever they went shopping?), but they are not shy about ignoring the Founders when it serves their purposes.

He writes:

Something happened inside the Supreme Court chamber on Thursday that almost never happens: Justice Sonia Sotomayor was so disgusted by what the six radical, on-the-take Republican appointees had just done that she read her dissent aloud from the bench, and Justice Samuel Alito, who’d written the majority opinion, snapped back at her in real time, a breach of the Court’s normally stage-managed decorum that left veteran reporters in the room visibly startled in slack-jawed amazement.

On the surface they were fighting about asylum seekers. But Sotomayor understood, as Alito surely did, that the real question wasn’t who gets to cross the border: it was whether the laws Congress writes still mean anything once a neofascist, imperial president (like Alito and his peers want) decides he’d rather not follow them because he’s above the law.

To understand this — and why it’s so insanely radical — look carefully at what the Court actually did in the two 6-3 all-Republican immigration rulings it handed down yesterday morning. 

Back in 1980, a bipartisan Congress passed the Refugee Act to bring American law in line with our promise not to send the persecuted back to be killed, and it laid out a specific, mandatory set of steps.

Under the law Congress wrote that year, a noncitizen who reaches our border and says she fears persecution gets referred for an asylum interview to determine the legitimacy of her fear of violence or death in her home country or the country she’s fleeing. The word Congress chose to write into the law was the administration “shall,” not “may,” hold that hearing and a judge “shall” make that determination. 

On Thursday the Republicans on the Court, however, ruled that Trump can erase or effectively ignore that law by simply ordering border agents to physically block people on the Mexican (or, presumably, Canadian or at an airport arrival) side of the line, so they never technically “arrive in the United States” and the law never kicks in.

Sotomayor called the reasoning illogical, because it is. A person standing at the threshold of a port of entry has plainly arrived. The Republican Trump toadies on the Court, however, pretended otherwise so Trump’s racial enforcers could essentially ignore both the intention and the letter of the law that elected members from both parties in Congress wrote.

The second ruling is even worse, albeit quieter.

Congress (whose job is to write laws for the United States) created Temporary Protected Status (TPS) in 1990 for people who can’t safely go home, and it built in court review of whether an administration followed the required procedures before yanking that status away. 

The Trump administration recently tried to strip TPS protections from hundreds of thousands of Black Haitians and brown-skinned Syrians as part of its “Make America White Again” program, and multiple lower courts found it had ignored those procedures the law requires, noting that Trump’s Haiti decision, in particular, was tainted by racial animus (hate of Black people from what Trump calls “shithole countries”).

As Amy Howe of SCOTUSblog wrote about Justice Elana Kagan’s reaction: 

“Kagan called it ‘plain to see’ that race played a role in the decision to terminate the TPS designation for Haiti. ‘The evidence’ that the Haiti TPS beneficiaries ‘have offered,’ she stressed, ‘includes statements by the President so repellent and racially inflected that the majority declines to put them in print.’ But those ‘statements fairly shout,’ she said, ‘in their racial undertones and overtones alike, that race entered into the President’s resolve to remove Haitians from this country.’”

The Republican majority didn’t even bother to say if the Trump regime had or had not complied with the plain letter and clear intent of the law Congress passed. Instead, the six corrupt Republicans on the Court declared that no court anywhere in America is allowed to even ask if Trump, et al, are breaking that particular law (an oversight process by a court called “judicial review”).

As the American Immigration Council pointed out, that means even an openly illegal decision is now insulated from any review by any judge in the country, closing the courthouse door in a way that, in my opinion, even the most conservative of the Founders would have found astonishing and plainly unconstitutional. 

Congress, in other words, wrote a law that told the courts to check the legitimacy of asylum seekers claims to determine if they can or cannot stay here and apply for legal status; writing such laws is what the Constitution requires of an elected Congress. 

But the six radical justices that rightwing billlionaires have spent decades and hundreds of millions of dollars to get on the Supreme Court told all the rest of the courts in America to simply look away and ignore the law. They’re not allowed to enforce it any more, even though Congress passed it and a president signed it. 

Robert Reich put his finger on it yesterday afternoon, noting in his excellent newsletter that: 

“[A] majority of the current Supreme Court — the abominable Roberts Court — has bent over backwards to ignore those laws.

“This must be seen for what it really is — a systemic effort by the six Republican appointees on the court to shrink congressional authority and enlarge the authority of the executive branch.

“If there was any doubt before, there should be none now: The Supreme Court is part of the anti-democracy movement led by Trump and the billionaires behind him.”

This agreement with Trump’s racist efforts to purge America of Black and brown refugees aren’t only losses for those would-be immigrants. As Reich points out, these decisions are stripping power from Congress, from the basic idea that the people’s elected representatives get to write laws that the Constitution requires a president to obey.

The Court’s defenders will tell you I’m being unfair in that assessment, claiming that the justices are just neutral umpires reading statutes as written. But that’s a lie, and recent history proves it.

Back in 2021, this very same Court struck down Joe Biden’s pandemic eviction moratorium, the one keeping millions of struggling families in their homes during a deadly COVID surge, ruling that his CDC had reached “past what Congress allowed” and declaring that if such a moratorium were going to continue, Congress, and not the president, would have to specifically authorize it.

Just a few years later, the same conservative bloc reasoned its way to blocking Joe Biden’s student debt relief, insisting Congress would never hand a president that kind of authority without saying so in unmistakable language. 

When a Democratic president acts, in other words, they read laws Congress has passed with a magnifying glass and demand crystal-clear permissions. But when Trump (or, presumably, future Republican presidents) wants to shred the asylum process or wants his immigration purges of nonwhite people placed beyond the reach of any judge, the magnifying glass disappears and the words suddenly bend whichever way Trump wants.

These six lawyers in robes started from the outcome that today’s captured hard-right MAGA Republican Party and its white supremacist Dear Leader wants and reverse-engineered their reasoning to reach it, and the reasoning changes from case to case because the only thing that has to stay fixed is who wins. 

As Sotomayer wrote, pointing to that magnifying glass in her dissent to yesterday’s Mullin v. Al Otro Lado decision: 

“The Court’s illogical interpretation [of Congress’ written law] is driven almost entirely by a fixation on a single word: ‘in.’”

And the consequences of these decisions aren’t merely academic: people will die because of the actions these corrupt Republicans just took allowing the President and his whiteness enforcers to ignore the statutes that Congress wrote, both parties passed, and presidents signed into law. As Sotomayor also wrote in her dissent:

“One woman who had fled Honduras after receiving death threats from gang members was beaten, cut, and knocked unconscious by an unknown man after being turned back from a port of entry. Another asylum seeker who was turned back at a port three times was later raped in the presence of her child. 

“Those living in migrant camps were subjected to break-ins, robberies, and assaults, ‘fac[ing] serious harm at the hands of criminal organizations, including kidnapping, extortion, physical violence, and sexual assault.’ Some were ‘murdered in Mexico while waiting for an opportunity to be processed by U. S. officials.’ 

“Desperate to flee these conditions and secure the opportunity to apply for asylum, ‘[s]ome attempted to reach U. S. soil by other means,’ including by attempting to cross the border between ports of entry by trekking through deserts or swimming across the Rio Grande. Often, these efforts had tragic ends. 

“One couple that grew discouraged after a month of waiting in a camp near the border decided to cross the river and ask for asylum once they reached U. S. soil, but they were caught in a swift current and drowned. Another woman also drowned, along with her 2-year-old son, after she gave up waiting in a tent camp and attempted to swim across the river. Hundreds of others have met a similar fate, and many more died crossing the desert along the southern border, all making 2020 and 2021 some of the ‘deadliest year[s] for migrant crossings’ in various regions of the southern border.”

I lived and worked in Germany in the 1980s, and you couldn’t be there in those years without feeling how the entire postwar refugee framework — in America and across postwar Europe — grew out of one unbearable lesson, that turning desperate people away at the door and sending them back to die is something decent nations swore they’d never do again.

In 1939, the United States turned away the St. Louis, a ship carrying 937 Jewish refugees fleeing Hitler’s Nazi Germany purge of all “non-Aryan” people. The ship returned to Europe where the Nazis seized its passengers, ultimately murdering 254 of them in the “detention centers” Germany ran in occupied countries. 

Americans were horrified and humiliated as the story became known well after the war, and the Refugee Act of 1980 was our nation writing the promise that we’d never repeat such a horror into law; it passed with broad bipartisan support. 

On Thursday of this week five unelected men and one unelected woman in robes decided that promise is now optional for a president who welcomes white South African “refugees” but wants to purge American of people whose skin is darker than his.

I’ve argued for years, including in The Hidden History of the Supreme Court and the Betrayal of America, that Republicans on this Court long ago seized powers the Framers never gave it, and have — since Nixon flipped the court to the right and appointed Lewis Powell (of Powell Memo infamy) in 1972 — spent the last fifty years using them on behalf of the morbidly rich and the party that serves them. 

From Buckley in 1976 and Bellotti (written by Powell himself in 1978) through Citizens United in 2010, this generation’s Republican justices — each carefully placed on the Court by big money interests since the 1980s — rewrote our democracy and turned it into an auction; earlier this term they even gutted what was left of the Voting Rights Act to help solidify raw GOP political power. 

Now they’re telling Congress its laws are merely suggestions whenever a Republican president disagrees.

Justice Louis Brandeis warned us a century ago that, “[W]e can have democracy in this country or we can have great wealth concentrated in the hands of the few, but we can’t have both.” The morbidly rich men who put these justices on the Court made their choice, and the justices are delivering for them, tearing another bite out of our democracy with every decision.

The good news is that the branch the Court just tried to sideline is the one closest to you. Ahilan Arulanantham, who argued the Syrian case, urged Congress to act to overrule the Court, and he’s right, because Congress can restore judicial review, can rewrite these statutes in language even Sam Alito can’t twist, can expand and rebalance the Court itself, and can be made to do all of it if enough of us demand it. 

Call your senators and representative at 202-224-3121 and tell them a Court declaring Congress irrelevant is a five-alarm constitutional emergency: we need a judicial code of ethics for SCOTUS so they have the follow the same laws as all other federal judges must; impeachment hearings for Thomas, Alito, Kavanaugh, and Roberts; 18-year term limits; and a rapid expansion of the Court to at least 13 members to bring it into line with previous, historic ratios to other senior courts. 

None of this changes unless ordinary people refuse to let it stand. So get loud, stay in it, and if this piece helped you understand what really happened yesterday, share it and send people to hartmannreport.com so more of us understand exactly what we’re up against, exactly who to hold responsible, and how.

The best part of subscribing to Slate is Mark Joseph Stern’s legal commentary. In this post, he explains the tortured and wholly inadequate logic behind the decision to strike down a Hawaii law that allowed owners of private property to prohibit people from bringing guns into their establishments. Property rights vs. gun rights. The six rightwing members of the U.S. Supreme Court chose gun rights over property rights and pretended that it was a traditional, well-established practice throughout American history. In the preface, Stern described Justice Alito’s opinion as “deranged.” Surely it is deranged to be so indifferent to human life, especially hypocritical from the six who banned abortion because of their devotion to a “right to life.”

I suppose the resolution is that fetuses have a right to life but human beings, once born, do not have a right to live. Thus, no place is protected from guns except courthouses, schools, and the Halls of Congress. How long will it be until it’s okay to carry guns in schools? The justices will never allow guns in their courthouses.

Stern writes:

The Supreme Court’s 6–3 decision in Wolford v. Lopez on Thursday confirms our worst fears about the supermajority’s Second Amendment jurisprudence: It is a freewheeling policy project utterly unmoored from history that allows the Republican-appointed justices to implement their preferred gun laws under the thin guise of judicial review. These justices struck down Hawaiʻi’s law restricting guns on private property not because the Constitution required them; to the contrary, the state proved beyond doubt that its statute was deeply rooted in history and tradition. Rather, the supermajority killed the law because it was offended that Hawaiʻi would dare try to mitigate the violence that SCOTUS has unleashed through its radical, incoherent gun rights jurisprudence. Justice Samuel Alito’s opinion for the court bristles with annoyance toward the state government’s attempts to protect people on private property from getting shot to death. Constitutional law has given way to six justices’ ad hoc nullification of any law that favors human life over the paranoid obsessions of gun enthusiasts.

Wolford involves a Hawaiʻi law that prohibits individuals from carrying guns on private property unless the owner affirmatively consents. (California, Maryland, New Jersey, and New York have enacted similar statutes—all now likely invalid.) The state intended this rule to respect property rights by creating a default rule that nobody takes a firearm onto someone’s land without their permission. Gun advocates promptly challenged it under Bruen, the Supreme Court’s 2022 decision holding that a burden on the right to bear arms is unconstitutional unless it has enough “historical analogues” from the distant past. They claimed that Hawaiʻi could not identify a sufficient number of these “analogues” to justify its law.

There are key problems with this argument, as Justice Ketanji Brown Jackson explained in dissent. First, Bruen ostensibly compels courts to figure out what conduct the Second Amendment protected when ratified; if a contemporary law infringes on that conduct, it is presumptively unconstitutional. But, Jackson wrote, “there is no right to carry a gun onto private property without the permission of the owner.” The majority did not even contest this point, because it is uncontestable. Instead, Alito ratcheted up Bruen’s level of generality: Rather than asking if Hawaiʻi’s law actually burdens a concrete, well-defined right, he merely asked if it “hampers” an individual’s ability to take their gun anywhere they want. Because it does, he concluded, it must be supported by appropriate “historical analogues.”

Then, having defined the right to bear arms as broadly as possible, Alito demanded granular specificity from older statutes that echo Hawaiʻi’s. The state offered many; its list included 18th-century laws in Pennsylvania, Maryland, New Jersey, and New York that required permission from a property owner before carrying a gun on his land, as well as 19th-century laws in Florida, Louisiana, and Texas that restricted the unapproved carrying of guns on “the premises or plantations of any citizen.” Even under Bruen’s stringent standard, aren’t these statutes enough to shore up Hawaiʻi’s modern version?

No, Alito wrote, because each is “distinguishable” from Hawaiʻi’s. The state’s true goal, he asserted, is to enshrine “local attitudes” and “a Hawaiian tradition” that “disfavor the carrying of guns” in public to prevent violence. By contrast, the 1700s laws were mere “anti-poaching” rules meant to mitigate “harms and risks associated with unauthorized hunting.” So, under Bruen, they are not “relevantly similar” to Hawaiʻi’s in terms of “how and why” they were enacted. Meanwhile, the 1860s laws were post–Civil War “Black codes” meant to oppress former slaves. So Alito dismissed them as a “tainted artifact” that did not qualify as Bruen “analogues.”

Each of these moves infuriated Jackson. To start, she bemoaned the majority’s “boundless” Second Amendment that “presumptively protects” the right “to carry anywhere and everywhere.” Alito’s “newfound understanding of the first step of Bruen,” Jackson wrote, “obliterates any need for reference back to original meaning.” After Wolford, “judges are now free to insert any meaning they desire into the text of the Second Amendment and then demand the government provide analogues to fit that interpretation.”

As to those analogues: Jackson ridiculed Alito’s refusal to acknowledge that they show how “states routinely required affirmative consent for armed carry onto private property” at the founding. The 1700s statutes were not, in fact, limited to poaching, but were also meant to prevent “armed trespass, property theft or damage, and gun violence, whether intentional or accidental.” Lawmakers helpfully wrote down these aims, which Alito ignored. The purpose of these laws, Jackson wrote, was to “vindicate property rights” by mitigating “concerns associated with violations of those rights by armed individuals on private land.” That, of course, is precisely what Hawaiʻi seeks to do today.

And what about the Southern laws from the post–Civil War era that protected private property from armed trespassers? Jackson acknowledged that “confronting the origins of these laws is certainly uncomfortable. The Black Codes were ugly. And racist. And deplorable.” But that does not “automatically render these laws irrelevant to a fair assessment of the right to carry firearms.” If the majority chooses to “tether its Second Amendment analysis to facts about America’s past, it must contend with our nation’s entire history, warts and all.” Excluding laws that appear “ugly” to modern eyes empowers the court “to cavalierly pick and choose which parts of the historical record count,” giving it “discretion to cull the history” in “service of a single goal: preventing the government from responding to issues arising from the possession of firearms.”

Since Pete Hegseth became Secretary of Defense (War), he has purged some of the highest ranking officers in each branch of the military. This week, the latest target of Hegseth’s purge was a highly decorated 4-star general, who was offered a demotion to 3-star and of course, resigned.

Donahue is a graduate of West Point. He has a long record of service and leadership. He served in Special Ops for 20 years, became a member and eventually the Commander of Delta Force. He was also Commander of the 82nd Airborne. He was an active commander in Iraq and Afghanistan. In his last assignment, he was commanding general of the U.S. Army in Europe and Africa.

Suffice it to say that his knowledge and experience of the military are a million times greater than Hegseth’s.

Steve Benen of MS NOW reported:

Most Americans probably don’t immediately recognize Army general Chris “C.D.” Donahue’s name, but they’ve probably seen a memorable picture of him: When U.S. forces withdrew from Afghanistan in 2021, Donahue was the last American service member to exit the country.

In the years that followed, the general took on other high-profile duties, becoming the head of Army forces in Europe and Africa. He was also widely seen as the next chief of staff of the Army. This week, however, Donahue’s career became notable for a very different reason. The Hill reported:

Gen. Chris Donahue, commander of U.S. Army Europe and Africa, submitted his paperwork to retire after a little over a year in his position, a Pentagon official told The Hill. 

The Pentagon official spoke on condition of anonymity to discuss internal military deliberations.

An Army spokesperson soon after confirmed Donahue’s departure in an official statement, thanking the general “for his leadership of U.S. Army Europe and Africa.”

While military leaders retire with some regularity, there’s reason to believe that Donahue’s decision — announced after just 18 months in his position — was not altogether voluntary. CBS News, citing multiple sources, reported that the general exited the military after a lengthy and decorated career because he had “earned the ire of Defense Secretary Pete Hegseth.”

The Atlantic published a related report, describing Donahue as “the latest casualty” in Hegseth’s “purge of the military’s senior ranks.” (The reporting has not been independently verified by MS NOW, and the secretary and the Pentagon declined to comment.)

Indeed, Hegseth has been awfully busy throughout his tenure, not just fighting assorted “culture war” battlesbut also ousting key military leaders who failed to meet his vision to one degree or another. Just two months before Donahue’s exit, for example, the defense secretary also forced out Secretary of the Navy John Phelan.

Just three weeks before Phelan’s ouster, Hegseth also fired his Army chief of staff, Gen. Randy George, the Army’s top officer; Gen. David Hodne, the head of Army Transformation and Training Command; and Maj. Gen. William Green Jr., the chief of chaplains.

Those developments came on the heels of Hegseth forcing out Col. Dave Butler, who worked closely with George, which came after the defense secretary parted ways with three-star Lt. Gen. Joe McGee, which came just two weeks after the public learned about Adm. Alvin Holsey resigning as head of the U.S. Southern Command, reportedly at Hegseth’s request.

Unfortunately, that’s just the start. Just days before Holsey stepped down at Southern Command, the Pentagon chief fired Navy chief of staff Jon Harrison. (His ouster roughly coincided with two high-profile military retirements — Gen. Bryan Fenton, the head of U.S. Special Operations Command, and Gen. Thomas Bussiere, a top Air Force commander — though it’s unclear whether their departures had anything to do with Hegseth.)

There was no ambiguity, however, when in late August the defense secretary fired Lt. Gen. Jeffrey Kruse, who served as director of the Defense Intelligence Agency, and Rear Adm. Milton Sands, a Navy SEAL officer who oversaw the Naval Special Warfare Command.

Four days earlier, Gen. David Allvin, the chief of staff of the Air Force, was also shown the door.

The broader purge also includes Air Force general Timothy Haugh, who was both the head of U.S. Cyber Command and the director of the National Security Agency; Gen. Charles Q. Brown Jr., who was chairman of the Joint Chiefs of Staff; Gen. James Slife, former vice chief of staff of the Air Force; Adm. Linda Fagan, the commandant of the U.S. Coast Guard; Adm. Lisa Franchetti; Lt. Gen. Jennifer Short; Lt. Gen. Joseph B. Berger III, the Army’s top military lawyer; Lt. Gen. Charles Plummer, the Air Force’s top military lawyer; and Navy Vice Adm. Shoshana Chatfield, the only woman on NATO’s military committee.

Political scientist Caitlin Talmadge, a Massachusetts Institute of Technology professor who specializes in foreign policy and military operations, recently notedvia social media, “Firing senior officers for cause is one thing. Firing them repeatedly on this scale and with no explanation is unprecedented in our nation’s history.”

The consequences matter: There are growing concerns that a scandal-plagued former Fox News host is destabilizing the U.S. military.