Archives for category: Extremism

On June 22, retired Judge J. Michael Luttig, a greatly revered Appeals Court Judge, delivered these remarks to the Election Integrity Summit of the Cleveland Municipal Bar Association and the Task Force for American Democracy in Cleveland, Ohio. Despite his conservative credentials, he has been one of the most critical voices raised against Trump since January 6, 2021. His resistance to tyranny makes you wonder why most other conservatives have not spoken out on behalf of the rule of law.

He said:

Thus it is that in less than two weeks, on July 4, 2026, we will celebrate the birth of the greatest nation on earth, the greatest experiment in self-government in the history of the world.

In 1787, after the Revolutionary War to secure our independence from the tyrannical King George III, “We the People of the United States . . . ordain[ed] and establish[ed] the Constitution of the United States in Order to form a more perfect Union.” The Constitution was ratified and adopted by the States and became the Great Charter for our self-government and the guarantor of our cherished rights and liberties on June 21, 1788.

On July 4, 1776, the American Colonists declared their independence from King George III and the British Crown, two hundred and fifty years ago almost to the day “bringing forth on this continent a new nation conceived in liberty and dedicated to the proposition that all men are created equal.”

For the 250 years since its Founding, America has been the envy of the world and the beacon of freedom and liberty because of the shining light of its Democracy, Constitution, and Rule by Law, not by men.

But as we all know, today America is not the same beacon of freedom or the same envy of the world that it has been for a quarter of a millennium.

Today, two hundred and fifty years later, we are again engaged in a great battle “testing whether this nation, or any nation so conceived and so dedicated, can long endure.”

Prophetically, these times in which we live on the 250th Anniversary of this nation’s Founding are — once again – the times that try men’s souls.

As we celebrate our Founding today, the question for “We the People” of America is whether we are willing to do the sacred work necessary to return our country to its deserved place as the beacon of freedom and envy of the world, whether we are willing to do the hard, but sacred, work necessary to ensure that America will long endure.

As we struggle to decide what we ourselves want for America and what we want our America to be – and not to be – the entire world is anxiously awaiting our answer, more anxiously awaiting our answer today than it awaited our answer a quarter of a millennium ago.

Two hundred and fifty years into the greatest experiment in self-government in human history, the time of America’s testing has finally come.

The Founders of this great nation feared these times in America.

In this 250th Anniversary year, America’s institutions of government and governance and its institutions of democracy and of law are under vicious, unsustainable, and unendurable attack – from within.

At this point, five and a half years since January 6, 2021, the 47th President of the United States has all but wrought the complete inversion of our nation’s positive law — the Constitution and laws of the United States – our moral law that has been passed down to us through the ages, and even our biblical law as found in both the Old and New Testaments of the Bible, including The Ten Commandments.

But where, say some, is the King of America? I’ll tell you, friend, he reigns above, and doth not make havoc of mankind like the Royal Brute of Great Britain . . . Let a crown be placed thereon, by which the world may know, that so far as we approve of monarchy, that in America the law is king.

For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other.

But lest any ill use should afterwards arise, let the Crown at the conclusion of the ceremony be demolished, and scattered among the people whose right it is.

Thomas Paine, Common Sense (1776).

Speaking in a time of similar moral and legal upheaval in America nearly two centuries ago, a 29-year-old state legislator, who would later become the 16th President of the United States, urged a revival to the Constitution and the Rule of Law, a renewed reverence for that Great Charter for our governance and guarantor of our liberty and our freedoms.

“Let reverence for the laws,” the young Abraham Lincoln implored, “be breathed by every American mother to the lisping babe that prattles on her lap — let it be taught in schools, in seminaries, and in colleges; let it be written in Primers, spelling books, and in Almanacs; — let it be preached from the pulpit, proclaimed in legislative halls, and enforced in courts of justice. . . .”

“[I]n short,” Lincoln sermonized with the reverence he urged, let the Constitution and the Rule of Law “become the political religion of the nation.”

Today, America is in desperate need of such a revival to our Constitution and Rule of Law as our 16th President urged upon the nation in 1838 – a reawakening and quickening to the reverential imperatives of the Constitution from which we have strayed so very far.

Winston Churchill said that “Courage is rightly esteemed the first of human qualities, because . . . courage is the quality which guarantees all others.”

We Americans must summon the courage that has eluded us in our all-consuming fear over the past decade of years. We must summon from deep within the courage that was once our Founders’ courage when, “with a firm reliance on the protection of divine Providence, they mutually pledged to each other their Lives, their Fortunes and their sacred Honor” to secure their — and our — liberty and freedom.

With the united support of a hopeful world, we Americans must overcome our fear. We must find our voices again.

We must finally – finally – rise to our feet, raise our voices, and speak out against what we are witnessing in America today.

After all, ours is a nation founded upon dissent and protest.

America’s protest against the British Empire 250 years ago is the single greatest protest in all of history – a revolutionary protest and dissent from the tyranny and oppression of King George III.

Until now, we Americans have never hesitated to support, defend, and protect our cherished liberties, our freedoms, and our fundamental constitutional rights from governmental tyranny, whether it be from abroad or from at home.

Why are we hesitating now? Why are we silent now, at the very time of America’s testing, on this 250th Anniversary of America’s birth? Why have we Americans chosen to remain silent or why have we allowed ourselves to be silenced and betray, in this fateful year of years?

Why have we suddenly lost our voices, two and a half centuries since we were gloriously given our voices by the Constitution of the United States?
I will tell you. We have lost our voices because of fear. Fear of ridicule, fear of political reprisal. Fear of political persecution. Fear of personal persecution. Even fear of prosecution. In far too many cases, fear for our lives and livelihoods.

Fear of the known and fear of the unknown, the unknown as to when this all ends and how.
We can be forgiven for our fear, but we will never be forgiven for our cowardice in the face of our fear.

The Founders of this great country did not cower in their fear, and unlike us, they had reason to fear. When the men who founded the greatest nation on earth first came face to face with fear, “they mutually pledged to each other their Lives, their Fortunes and their sacred Honor.” They stared down their fear and defeated fear itself.

There is no excuse or defense for the cowardice that is inflicting America today, especially the cowardice that has consumed our political leaders. Nor is there forgiveness awaiting those who have cowered or been cowered, least of all those we have elected to represent us and our country.

Dr. Martin Luther King, Jr., hauntingly warned that “In the End, we will remember not the words of our enemies, but the silence of our friends.”
We should pray that we will not be remembered for our cowardice and our cowered silence in these times when America needed us most.

If we are to be victorious over the evil that is warring for the heart and soul of America today, it is going to take the courage of the armies of God and the moral clarity of the collective voices of “We the People.” It is we who “ordained and established” this Constitution” “in Order to form a more perfect Union, establish Justice, insure domestic Tranquility . . . and secure the Blessings of Liberty to ourselves and our Posterity.” Ours is the righteous war, not theirs.

America is calling and we must answer.

If we answer and but find the courage to speak our powerful truth to our government’s powerless untruth now — today, not tomorrow — as did the Founders and our ancestors when their time of testing came, the United States of America will soon again be the envy of the world and it will endure forever as the beacon of freedom and liberty to the world.

Once we have finished the righteous and noble task at hand, we must then finish the great task that yet lies ahead of us 250 years since our Founding.

But “[t]he dogmas of the quiet past, are inadequate to the stormy present. . . . As our case is new, so we must think anew, and act anew,” as Abraham Lincoln exhorted the nation in 1862.

So then, this must it be in this 250th Anniversary year. We Americans must think anew and act anew. We must re-found America again. We must reacquaint ourselves with the truths that we once believed were self-evident – and still are. We must reawaken ourselves to the ideals, the beliefs, the principles, the values, and the truths upon which America was founded and has flourished for two and a half centuries – and reexamine these foundational truths, beliefs, and principles, if need be.

We must build anew the hopes and the dreams upon which this country was founded, the hopes and dreams that have inspired us and bound us together into the more perfect union that “We the People” ordained and established, the hopes and dreams that have made America the greatest nation on earth.

We must “turn this government back into the channel in which the framers of the Constitution originally placed it,” as Abraham Lincoln once urged.

We must shore up and reinforce the bulwark of our faltering democracy and Rule of Law and refortify the institutions of our law and democracy. “Preserving virtuous institutions is its own noble purpose,” David French put it so well.

And as we refortify and restrengthen our sacred institutions of law and democracy, we need to inspire among our citizenry a reverential revival to the Constitution and to the Rule of Law. Above all else, America is “[a] government of laws, and not of men.” We are desperately in need of a revival, a revival that will renew and revitalize the flagging faith of the American People in our Constitution and Rule of Law, the organic law of our ordered liberty.

We have no other choice than to pass the test laid down for us by our ancestors, to ensure that this “nation so conceived in Liberty and dedicated to the proposition that all men are created equal will long endure.”

And when this storm has passed, we must promise ourselves and the generations that follow that we will never again take our Democracy and our Constitution for granted. We must learn from these tumultuous times – never to forget – that our Democracy and Rule of Law are fragile and can be wrested from us in an instant, even by those among us, if we are not ever-vigilant.

Almost two centuries ago, that same young man of mere twenty-nine years who would one day become President of the United States foretold of the “danger” “from within” that is preying on America today. Listen to Abraham Lincoln’s prescient and ominous warning.

We toiled not in the acquirement or establishment of them–they are a legacy bequeathed us, by a once hardy, brave, and patriotic, but now lamented and departed race of ancestors. Their’s was the task (and nobly they performed it) to possess themselves, and through themselves, us, of this goodly land; and to uprear upon its hills and its valleys, a political edifice of liberty and equal rights; ‘tis ours only, to transmit these . . . to the latest generation that fate shall permit the world to know.

At what point shall we expect the approach of danger? Shall we expect some transatlantic military giant, to step the Ocean, and crush us at a blow? Never! . . .

At what point then is the approach of danger to be expected? I answer, if it ever reach us, it must spring up amongst us. It cannot come from abroad. If destruction be our lot, we must ourselves be its author and finisher. As a nation of freemen, we must live through all time or die by suicide.

I hope I am over wary; but if I am not, there is, even now, something of ill-omen, amongst us. I mean the increasing disregard for law which pervades the country; the growing disposition to substitute the wild and furious passions, in lieu of the sober judgment of Courts; and the worse than savage mobs, for the executive ministers of justice.[6]

What, then, must we Americans do today, if we are to bequeath this “political edifice of liberty and equal rights” to our descendants, this legacy that was bequeathed to us by “our once hardy, brave, and patriotic, race of ancestors”?

I will tell you. We must “dedicate ourselves to the great task that yet remains before us” 250 years later. “[‘T]is ours only, to transmit this ‘goodly land’ and this ‘political edifice of liberty’ . . . to the latest generation that fate shall permit the world to know.”

We in the profession of law belong to one of the most honorable and honored, the most noble and nobilified, and the most venerable and venerated of professions.

Of our Founding Fathers, 35 of the 55 delegates to the Constitutional Convention in 1787 were lawyers or had legal training. Of the Framers of our Constitution, 32 of the 55 were lawyers. Of the “Committee of Five” tasked by the Continental Congress with writing the Declaration of Independence, 4 were lawyers.

We in the legal profession are the guardians and stewards of the Constitution and the Rule of Law, the foundations of our democratic nation and the guarantors of our liberty.

We lawyers take an oath to support and defend the Constitution of the United States.
We are uniquely qualified, positioned, and obligated to defend our Constitution, our Rule of Law, and our democracy – and we must do so today, tomorrow, and the next day, until the present existential threat is no longer.

Thereafter, at long last finally understanding their fragility, we must forever protect and preserve the Constitution and America’s Democracy, as we are obligated by oath to do.
If this sounds as if the lawyer holds a special place in the constitutional order that is our democracy and that we are weighted by an almost-sacred responsibility, it is because we do, and we are.

We have a high appointment, and we have a high charge.

There comes a time in every single one of our lives – whether that life be private or public – when we are summoned to attest to our beliefs and convictions, when we are summoned to stand, bear witness, and affirm what we believe and what we do not believe.

This moment of truth and decision is our moment of calling. And the decision that we must make in that moment always comes at personal cost.

When our call comes, if we answer with the courage of our convictions, we are heroes, whether we be heroes just to ourselves, to our families, our friends, our loved ones, our communities – or heroes to our country.
We call those in public life and in public service heroes who, when summoned, stand, affirm, and act to preserve and protect all that we cherish and hold dear in America.

We honor these men and women as heroes because when their time comes and they are summoned, they rise, they speak, and they act – without having to decide whether to do so. For them, there is no decision to be made, for they made their decision long before.

When their time comes, these heroes stare down fear, often profound fear – already knowing what they must do and what their sacrifice might be.
We bear witness to, and we affirm, the heroism of these heroes in order that heroism will be forever encouraged in a world in which there are vanishingly few with the strength, the will, and the courage to speak and act when they are called upon — that is, in a world where there are fewer and fewer heroes.

Members of the noble profession of law, our moment of calling has come.

We here today are being summoned, as are all Americans – to stand, bear witness, and affirm that we believe in America, that we believe in our Constitution and our Rule of Law, and that we believe in our Democracy.

You, and we, as members of the venerated profession of law are being summoned to stand, bear witness, and affirm again that we will honor the oath we took to preserve, protect, and defend the Constitution of the United States.

We must challenge and entreat each other today to commit and re-commit ourselves to the Constitution and to the Rule of Law, to pledge ourselves to these and to their protection and preservation.

We must vow today that it will be the Rule of Law that triumphs over politics and not politics that triumphs over the Rule of Law.

If we succeed in this, our sacred obligation to our country, we will have risen to what is our high calling to ensure that America long endures as a nation of laws, not of men. We will be heroes for the Constitution and the Rule of Law in America…

Friends, our task is righteous and our task is noble. Our struggle is not only for today, but also for our vast future, Abraham Lincoln reminded us. And the hour is late.


Godspeed America.

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.

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.”

Pete Hegseth announced recently that he was ending mandatory vaccines for the military. He jumped on the RFK Jr. bandwagon, believing the nonsense that vaccines are a personal choice, not a necessary part of public health.

Then reality bit.

The flu took down more than 100 recruits at Lackland Air Force Base, a training facility for new members of the military.

The military lives in close quarters. When one person catches a contagious disease, it spreads.

After the number infected with the flu rose past 200, Hegseth reversed himself and restored the mandatory vaccine.

Not even Hegseth can stop a contagious disease from spreading.

The Guardian wrote about an extraordinary case in Texas, in which the Trump administration and two Texas judges meted out the equivalent of life sentences for those who participated in an anti-ICE protest that turned violent.

The Trump administration used the trial to show that it would seek draconian punishment for those who protested against its policies. The prosecutors treated the protestors as Antifa, the dread and shadowy anti-fascist group that has no address.

The Guardian described the protest, which turned violent:

Last year on the Fourth of July, a small group from Dallas-Fort Worth held a night-time noise demonstration, setting off fireworks outside the Prairieland Immigration and Customs Enforcement (ICE) detention facility south of the cities, in solidarity with the detainees. A few protesters broke away and spray-painted graffiti on employees’ cars and a security post, slashed the tires on a government van, and broke a security camera. The facility’s guards ordered the protesters to disperse, and most of them did. When a police officer arrived at the scene, drawing his gun, an armed protester shot her rifle, hitting the officer in the shoulder. The officer survived.

After a three-week trial, a jury found eight of nine protesters guilty of “providing material support to terrorists”, among other crimes. For the Sotos, this “material support” included owning a “printing press” used to print anarchist zines and being part of a leftist book club, the federal government argued. The couple had already left the scene by the time guns were drawn. All eight of the defendants sentenced so far have received unusually harsh sentences – 30 to 100 years – essentially life in prison.

The Guardian article focused on a married couple, Elizabeth and Ines Soto. They were not at the scene when guns were drawn. But agents found a printing press in their home, where they printed leftist literature. Elizabeth was a member of the Emma Goldman book club. Elizabeth was sentenced to 50 years in prison. Her husband will be sentenced on July 1.

The protestor who fired a weapon, Benjamin Song, was sentenced to 100 years in prison.

Certainly, it is unlawful to bring a weapon to a demonstration and unlawful to fire it at an officer of the law. Slashing tires and attacking property is illegal.

Yes, those involved in acts of violence should go to prison. Those who commit crimes should go to prison. But their sentences are wildly disproportionate to their crimes. In the case of the Sotos, it is not clear that they committed any crime.

Here is a summary of the U.S. government’s case against them.

Michelle H. Davis of “Lone Star Left” closes out her coverage of the Texas Republican convention. Her incisive reporting demonstrates the lunacy and cruelty that now dominate Texas Republicans. Well, at least they didn’t adopt a resolution to give the death penalty to any woman who dared to have an abortion. That’s something.

She writes:

The Republican Party of Texas is a party of hate and a party of cruelty. They were built in smoky back offices and pulpits in the early 1970s on the Moral Majority and the New Right. Then, they conquered Texas through the shady legal maneuverings of Tom DeLay and Karl Rove. The men at the top built an empire of corruption and theft. Theft of our water, theft of our clean air, theft of our labor. 

Texas Republicans have long had everything they’ve wanted. For decades, the rich have gotten richer, and the poor have gotten poorer. But it’s not enough. They have to keep people voting for them somehow. Dumb down education. Appeal to the most extreme elements. That’s all they have left. 

In 1964, the John Birch Society found its moment at the Republican National Convention. Barry Goldwater didn’t fully embrace them. But he didn’t reject them either. When Nelson Rockefeller stood at that podium and named the John Birch Society alongside the Ku Klux Klan as examples of extremism that the party should refuse, the crowd booed him off the stage. Goldwater then declared, “extremism in defense of liberty is no vice.”

Goldwater was a total shit.

The Birchers never went away. And over the next sixty years, what was once considered the lunatic fringe became the Republican mainstream. The “deep state.” The “new world order.” Conspiracies about globalists, infiltrators, and enemies within. It’s the same playbook.

Which brings us to the 2026 Republican Party of Texas Convention.

The “Abolish Abortion” plank failed the final vote in the platform. That’s the one that would have handed the death penalty to any woman who received abortion care. Any woman. A minor. A rape survivor. Doesn’t matter. But don’t mistake that for a victory, because the men who stood on that convention floor and pushed for it are still on the ballot. Including: 

  • Rep. Bret Money (R-HD02). You can donate to his Democratic opponent, Fatima Muse, HERE. 
  • Rep. David Lowe (R-HD91). You can donate to his Democratic opponent, Yisak Worku, HERE. 

But what did pass on the platform? 

Banning IVF. Banning Sharia Law. 

In 2026, the Birchers write the Republican Party platform. 

Why IVF? Well, because they say this is a person:

But, actually, that ⬆️ is a mouse embryo I found on Google. But if women who are struggling with fertility are not allowed to have IVF in Texas anymore. 1- It will eventually spread to other states, and 2- what kind of repercussions will come from this? 

America already has a history of this. 

  • The Indian Adoption Project, beginning in the early 1950s, adopted Native children out primarily to non-Indian families to reduce reservation populations. By the time Congress finally acted, approximately one-third of all American Indian children had been removed from their homes. The Indian Child Welfare Act of 1978 was the legislative response, and the right has been trying to gut it ever since.
  • Between 1998 and 2008, nearly 30,000 Guatemalan-born children were adopted by US parents. The US Embassy in Guatemala knew as far back as 1995 that birth mothers’ lives were threatened if they tried to reclaim their children. Guatemala shut it down in 2008.

The Evangelical Christian adoption movement has a documented history of manufacturing an “orphan crisis” to justify removing children from living parents in developing countries. Even Erika Kirk had an orphanage in Romania, which she was later accused of sex trafficking children out of. 

Banning Sharia Law? 

First of all, they already tried this in the 2015 Legislative session during the last time Muslim panic swept the state of Texas. During that time, Beth Van Duyne, the then-mayor of Irving, was directly responsible for the statewide outrage and upset. This was simialar to the Muslim panic after 9/11. Maybe, not that bad. But the Republicans go back and forth between which marginalized group they hate most each year. This year, it happens to be Muslims. 

When you Google “What is Sharia Law,” you get a lot of different answers, so hear it directly from Rep. Salman Bhojani (D-HD92): 

From the Republicans’ perspective, it really boils down to ignorance and bigotry. Just like the “Show Me Your Papers” bill. Just like the DEI bans. Same rhyme, different verse. 

All the Texas transplants, pretending to be Texans. 

Now, don’t get me wrong, we love our transplants. They add to the vibrant culture that makes our state so unique. But nothing chaps my hide more than a bunch of dudes that moved here in their 40s rambling on about how THEY represent Texas values more than ME. Like, sirs, I have a grandfather and a great-uncle in the square the day JFK got shot, and they were both born in Dallas.

And all of these Republicans, the wealthy ones, who came here to get into politics or nepo-baby their way into their daddy’s corporation that came to Texas for the low taxes, they think the Texas spirit is all about taking as much as you can for yourself, while screwing everyone else at the bottom, and hurting anyone different from you. 

Senate Majority Leader Tan Parker, born and raised in Pittsburgh, Pennsylvania, stood at that podium and invoked the Alamo. He talked about faith, family, liberty, and the God-given right of free people to govern themselves. He said Texas is proof that freedom works. 

Parker has been rated as one of the most dangerous anti-choice legislators in Texas. He’s endorsed by both Texas Right to Life and Texas Alliance for Life. His legislative priorities in 2025 centered on capital markets packages and making Texas a hub for financial services, because when women are dying from abortion ban complications, and Texas has a maternal mortality rate that rivals that of developing nations, but Parker’s focus is on helping rich people move their money here faster. 

The man flew in from Pennsylvania, wrapped himself in the Texas flag, invoked the memory of the men who died at the Alamo, and has spent nearly two decades making life harder for the working Texans he claims to represent.

Same thing with Dannie Goober yesterday. 

The rest of the planks we covered mostly passed. 

The full platform will be posted on the Republican Party of Texas website in the coming weeks. Read it. Share it. Make sure every voter in your life knows exactly what these people are planning.

Because we already know what’s coming in the 90th Legislative Session. They’ve written it down for us. Frozen embryos have more rights than the mothers who made them. Muslims are the designated enemy of the cycle. A Texas that looks less like the state we love and more like the fever dream of a John Birch Society pamphlet from 1962.

They are telling us exactly who they are.

The question is whether we’re going to let them keep doing it.

We can stop them by flipping the Texas House. Democrats need a net gain of just 14 seats to break Republican control, and the candidates to do it are on the ballot right now. 

The line in the sand is at the ballot box.

Richard Haas is a foreign policy expert. For years, he was president of the Counculmon Foreign Relations from 2003 to 2023. Before that, he was director of policy planning for the U.S. State Department.

He titled his post “Defeat.”

He wrote:

Welcome to Home & Away. The big news again is the Iran War, as we now have the memorandum of understanding (MOU) agreed to and signed by the United States and Iran. Here are the main provisions:

— The two governments have committed to an immediate and permanent ceasefire, including Lebanon.

— The two agree not to interfere in each other’s internal affairs.

— The two will seek to negotiate a final deal within 60 days, but this can be extended if need be, as is virtually certain to be the case.

— The Strait of Hormuz will reopen as the United States has pledged to end its blockade and Iran has agreed to allow the resumption of shipping.

— The Iranian government has (again) agreed not to procure or develop nuclear weapons. More significantly, it has agreed to maintain the nuclear status quo while all nuclear-related issues are being negotiated. Nothing in the MOU prejudices, one way or the other, the future status of the stock of enriched uranium in Iran, new enrichment-related activities, or inspections.

— Financial assets will flow to Iran as all economic sanctions are eased and frozen assets are released. A $300 billion reconstruction fund will be established for Iran.

— Nothing is mentioned about Iranian conventional military forces (including missiles and drones) or support for proxies such as Hamas, Hezbollah, and the Houthis.

Obviously, much remains to be negotiated (particularly in the nuclear realm) and implemented when it comes to the Strait and just about everything else. We will see whether the end of the war is temporary or permanent, as declared.

What is clear, though, is that the emerging deal constitutes a massive victory for Iran, or, more precisely, for its government. The regime will receive a financial windfall that will strengthen its hold on the country and help it rearm itself and its proxies. In just two months, it can impose tolls and quite possibly other controls affecting the use of the Strait of Hormuz.

The same cannot be said about Iran’s people, who are among the war’s principal losers. The regime is not just more radical; it now has the prestige of having successfully stood up to the Great Satan. As already noted, it will be bailed out financially. Plus, the United States has pledged not to interfere in Iran’s internal affairs, which is a 180-degree reversal of its initial stance of seeking regime change. There is no reason to expect repression to ease, although at some point Iran’s leaders will have to confront their questionable priorities and policies that have driven the country to economic ruin.

Israel is another big loser in the war, as its relationship with the United States, already strained by Gaza, has deteriorated sharply. (Prime Minister Netanyahu’s relationship with Trump has deteriorated as well.) Israel’s main concerns (Iran’s missiles and aid to proxies) are unaffected by the MOU. It remains to be seen whether Israel’s nuclear-related concerns are met (safe to say they will not be met in full, as at most there will be a JCPOA-like ceiling placed on Iran’s nuclear program, not its elimination). Iran’s pledge not to procure or develop nuclear weapons is simply a statement of intentions that has no effect on capabilities. Worse yet for Israel, it finds itself under increased pressure to pull back in Lebanon and may experience the same vis-à-vis Gaza – and it is far from clear that the Trump administration won’t add to the pressure.

The Arab countries of the region also come out worse off, as they will have to contend with an emboldened, strengthened, and more radical Iran, one with newfound power derived from its demonstrated willingness and ability to interfere with the Strait of Hormuz and attack its neighbors. The war also showed they will have to deal with Iran largely on their own, as neither the United States nor Israel can protect them. I expect several will decide the better part of valor is to reach an accommodation with Iran.

The result reinforces the view (which I have held since before the war was launched) that this war was a strategic error of the first magnitude. There was no imminent threat that justified the decision to initiate the war, and there were better options (above all, diplomacy and increased sanctions) available to pursue U.S. aims. The result was a misguided war of choice, predicated on flawed assumptions about Iran held by officials with little expertise or experience, a war that predictably turned out badly for the United States and its partners in the region and beyond.

The United States has paid a great deal to return the Strait of Hormuz to its previous status – and what will result will fall short of that. Nuclear arrangements remain up in the air, but it is certain Iran will remain active in that domain (especially given the leverage this war has given the regime). Inspections will be as critical as they are likely to be challenging. The war introduced new strains into U.S. ties with regional partners and allies, in the process isolating the United States more than Iran. Respect for the United States, both for its judgment and competence, is much diminished.

Bret Stephens is right to term the war a debacle. But he and others are wrong in suggesting that if only the president had used more military force (including ground troops) for longer the result would have been different. Actually, it would have been different, but not for the better. Odds are we would have found ourselves caught in a quagmire of our own making, losing many more troops and churning through far more equipment in the process.

The commitment might well have taken years to play out, and even then, there would have been no guarantee of success given the tens of millions of Iranians who still support this regime and the many more who might have rallied to the regime against the foreign occupier. It would have created a strategic distraction and a political and economic nightmare. The best and perhaps only good thing to say about the deal just reached with Iran is that the United States cut its losses.