Heather Cox Richardson wrote today about two concurrent stories: on one hand, Democrats are locked in an internecine battle about their candidate; on the other, the Trump-dominated Supreme Court is shredding the balance of powers and crippling the administrative authority of the federal government.
She writes:
In this morning’s Talking Points Memo, David Kurtz observed that “much of political journalism is divorced from policy and the substance of politics.” It’s all about a horse race, he wrote, while complex questions, competing public interests, and the history of an issue get distilled to “whether it’s good or bad politically.”
Today, he noted, that horse-race coverage means that “[a]n election about whether the United States will continue its two and half century long experiment in representative democracy, where a convicted felon is running to return to the office he tried to seize through extralegal means, where the specter of a new form of fascism looms on the horizon is suddenly consumed by a political death watch for the only person at present standing between democracy and another Trump term in the White House.”
Yesterday, President Joe Biden tried to quell that political death watch by sending a letter to congressional Democrats stating that “despite all the speculation in the press and elsewhere, I am firmly committed to staying in this race, to running this race to the end, and to beating Donald Trump.” He noted that 14 million voters in the Democratic primary chose him, rather than a challenger, adding, “It was their decision to make. Not the press, not the pundits, not the big donors, not any selected group of individuals, no matter how well intentioned…. How can we stand for democracy in our nation if we ignore it in our own party?”
In an apparent attempt to get beyond the horse-race politics Kurtz identified and to make clear the substance of this election, Biden explained: “We have an historic record of success to run on.” He cited his administration’s creation of more than 15 million jobs, leading to historic unemployment lows; revitalization of American manufacturing; expansion of affordable health care; rebuilding the country’s infrastructure; lowering the cost of prescription drugs; providing student debt relief; and making a historic investment in combating climate change.
That vision, Biden wrote, “soundly beats” that of Trump and the MAGA Republicans, who are “siding with the wealthy and big corporations,” while the Democrats are “siding with the working people of America.” Trump and his people want another $5 trillion in tax cuts for the rich, he noted, and they plan to cut Social Security and Medicare, as well as end the ability of the government to negotiate with pharmaceutical companies to bring drug prices into line with prices in other countries. “We are the ones lowering costs for families,” he wrote, “from health care to prescription drugs to student debt to housing. We are the ones protecting Social Security and Medicare. Everything they’re proposing raises costs for most Americans—except their tax cuts which will go to the rich.”
He went on to note that the Democrats are “protecting the freedoms of Americans,” while Trump’s people are “taking them away.” He pointed to the right-wing attacks on abortion rights, IVF, contraception, and gay marriage. Biden reiterated that he will sign a law making Roe v. Wade the law of the land if the nation elects a Democratic House and Senate. Finally, he pointed out that Democrats are protecting the rule of law and democracy, while Trump is actively working to destroy both. Trump, he wrote, has proven himself “unfit ever to hold the office of President.” “My fellow Democrats,” Biden wrote, “we have the record, the vision, and the fundamental commitment to America’s freedoms and our Democracy to win.”
Hours later, the New York Times joined the tabloid New York Post in noting that visitor logs showed that Dr. Kevin Cannard, an expert on Parkinson’s disease, visited the White House eight times between July 2023 and March 2024. After pressing White House press secretary Karine Jean-Pierre for information beyond her statements that Biden is not being, and has not been, treated for Parkinson’s and that he sees a neurologist as part of his annual physical exams, a CBS News White House reporter accused Jean-Pierre of deliberately withholding information. Jean-Pierre pointed out that “personal attacks” are not appropriate from the press corps and that the press team does its best to give the information they have. She said she took offense at the reporter’s tone.
Last night, White House physician Dr. Kevin O’Connor sent to Jean-Pierre a letter clarifying that the White House Medical Unit serves thousands of patients, many of whom are military personnel with neurological issues related to their service. Cannard was one of the team of specialists that annually examine the president. O’Connor’s office released the results of that examination in a letter dated February 28, he pointed out. It said, “An extremely detailed neurologic exam was again reassuring in that there were no findings which would be consistent with any cerebellar or other central neurological disorder, such as stroke, multiple sclerosis, Parkinson’s or ascending lateral sclerosis, nor are there any signs of cervical myelopathy.” The president does have “peripheral neuropathy in both feet. No motor weakness was detected. He exhibits no tremor, either at rest or with activity.”
As media attention remains focused on Biden, a Supreme Court decision from last week that upends the modern American state and another that overturns the central concept of our democracy have disappeared from public discussion. In Loper Bright Enterprises v. Raimondo, the court overruled the longstanding legal precedent establishing that courts should defer to a government agency’s reasonable interpretation of a law. Instead, it said, judges themselves will decide on the legality of an agency’s actions.
In Public Notice, Lisa Needham noted that right-wing judges have already blocked Biden administration rules that protect overtime pay for workers, prohibit noncompete clauses for truckers, and prohibit discrimination based on gender identity. As right-wing plaintiffs launch suits challenging rules they dislike, she notes, we should expect to see many more federal judges “deploying junk science and personal opinions to get to their preferred conclusion while ignoring the expertise of agency employees.”
Loper Bright was a slashing blow at the federal regulations that make up the framework of today’s government, but it paled in comparison to the Supreme Court’s decision in Donald J. Trump v. United States. In that stunning decision, the six right-wing justices—three of whom Trump himself appointed—declared that a president is immune from prosecution for crimes committed as part of his “official duties.”
This astonishing decision overturned the bedrock principle of the United States of America: that no one is above the law. But to be clear, the court did not give this power to Biden. Because it is not clear what official acts are—since no one has ever before made this distinction—it claimed for itself the right to decide what illegal behaviors are official acts and which are not. Since at least one of the justices (Samuel Alito) has flown flags demonstrating support for overthrowing Biden’s government and putting Trump back into office, and the wife of another (Clarence Thomas) worked with those trying to overturn the results of the 2020 presidential election, it seems likely that their decisions will reinforce Trump’s immunity alone.
An extraordinary effort to use the courts to set up a Trump dictatorship appears largely to have been hidden under the horse race.
And now that this scaffolding is in place, Trump’s team has begun to try to make him look more moderate than he is. On July 5, Trump claimed not to know anything about the extremist Project 2025, which calls for an authoritarian leader to impose Christian nationalism on the United States, despite the fact that his own appointees wrote it, his own political action committee advertised it as his plan, and his name appears in it 312 times.
Agenda 47, the official Trump campaign website, has offered more information about how he will wield the absolute power he now claims. As Judd Legum pointed out today in Popular Information, a key author of Project 2025, Christian nationalist Russell Vought, has advanced a plan for killing any aspects of government his people dislike, and Trump has adopted that plan, vowing to cancel agencies or laws he dislikes by refusing to spend money Congress appropriates. This is known as “impoundment,” and Congress made it illegal in 1974 after President Richard Nixon used it to try to bend the government to his will. Trump says the 1974 Impoundment Control Act is unconstitutional because it interferes with the power of the presidency. He promised to use it to “crush the Deep State.” First on the chopping block will be the Department of Education.
The effort to make Trump sound more moderate continued yesterday, when the Republican National Committee released the party’s 2024 platform, in which it tried to fudge the issue of abortion while leaving language that supported a national abortion ban. The New York Timespublished an article reinforcing the idea that Trump is moderating, reporting: “Following Trump’s Lead, Republicans Adopt Platform That Softens Stance on Abortion.”
In the midst of this political coverage, a key story has been largely overlooked. Not only does the stock market continue to set record highs, but also, as Jim Tankersley of the New York Timesreported, the so-called left-behind counties, distressed after the collapse of manufacturing in them, have “added jobs and new businesses at their fastest pace since Bill Clinton was president.” “That turnaround,” he notes, “has shocked experts.” More than 1,000 counties, mostly in the Southeast and Midwest, that grew at less than half the national rate in terms of both people and income from 2000 to 2016, have surged. From 2016 to 2019—mostly during Trump’s administration—those rural left-behind counties, which make up about 18% of the U.S. population, added 10,000 jobs. In 2023 alone, they added 104,000.
Tankersley notes that Trump overwhelmingly won the support of voters in these counties, but their circumstances did not improve during his administration. Under Biden, they added jobs five times faster than they did under Trump. Still, voters there appear to continue to back Trump.
Now that’s a story. Are they backing Trump because they care more about culture wars than their economic security? Or are they ill informed?
Meanwhile, Republicans in the House today passed the Refrigerator Freedom Act and the Stop Unaffordable Dishwasher Standards (SUDS) Act, prohibiting the Secretary of Energy from prescribing or enforcing energy efficiency standards for residential refrigerators, freezers, and dishwashers.
After noting that the average monthly cost of operating a dishwasher is two to four dollars, and establishing that the people pushing this measure had no idea how much a dishwasher costs, Representative Katie Porter (D-CA) said: “This bill… Congress at its worst. A bunch of people who haven’t unloaded a dishwasher ever telling the American people what dishwashers they should or should not have.”
