Excellent piece as always, Jay. Republicans are indeed throwing out the rulebook in order to keep power. I just learned today that Tricia Cotham, the NC House Representative who recently switched from Democrat to Republican, got TWO THIRDS of her campaign funds from Republican aligned PACs. This information comes from the NC Board of Elections and was reported on Twitter by Carolina Forward, a communications and policy organization. It indicates that Cotham ran as a Trojan horse only to get elected and switch parties. This seems to be a blatant plot to defraud the voters in her district. Dark money must be removed from our politics.
Please do, Jay. We at Better Ballot NC are working to bring ranked choice voting to NC. All of our little gang of grassroots activists are also actively working to get out the vote; urban and youth turnout was lower than hoped during the last election. The party switch just handed the GOP a super majority; Cooper’s votes can be overridden now. Gerrymandering case being argued (again!) as we speak. We have a new chair of the Democratic Party, Anderson Clayton, who is just 26 yo and, quite interestingly, lives in a rural district here in NC. All of which means we have an exciting couple of years.
Education is really on the line here, as well as reproductive care and LGBTQ civil rights. The legislature has refused to fund disadvantaged schools, despite a state Supreme Court ruling ordering them to do so. Parental Bill of Rights may have already passed. Moms for Liberty are here and working on book bans.
Wow was that comprehensive! Some really great breakdown on government systems, how it works and how it may not. This, specifically caught my eye with regard to state DA’s:
“Critics on the right argue that by opening this door, local prosecutors anywhere could come after former presidents as political vendettas..” Haven’t seen it happen yet-not in my 5 decades of civic awareness. It’s never been the habit of local or state DA’s to carry out ‘vendettas’, since no former POTUS has ever so blatantly broken the law, state or federal, before. And hopefully won’t in the future! (Not holding my breath tho.) Only an extremist Republican would think that way. Getting an extremist Democrat nominated to a bench? When was the last time we heard of that? I don’t even know, never heard of it but there probably are a couple, vs the giant nest of nutbag conservative judges (thanks McConnell) who insist the entire country follow their regressive & oppressive codas that are dictated by their religion.
I do know gaming of the system when I see it and it’s in full bloom, gaslight and all.
Thank you for this column. I don’t understand why a judge, who has no knowledge of pharmacology, should make decisions affecting distribution of medication? He has no knowledge or training in medicine or pharmacology - so why should this be an issue in front of a court? The debate belongs within the agency charged with regulating medication, the FDA, and they had that debate many years ago.
That part is actually easy enough to explain. Judges are not expected to be experts in any subject matter that comes before them; in fact, a judge with expertise in a particular subject matter other than the law itself can be more likely to be biased. It is the job of the attorneys for both sides to lay out their case, bring expert witnesses etc., so a layperson (the judge, or the jurors) can make an educated judgement. What happened here is almost the opposite - this judge knew too much about one side of the argument (and wasn't even willing to listen to the other side), making him heavily biased. He probably also went so far as to disregard the letter of the law.
Their lack of subject matter expertise is supposed to go hand-in-hand with principles of jurisprudence, which include a conservative view of sticking with precedent and only going as far as needed to course correct. In this case, the FDA process deviated from the most rigorous process. Same year, so did other drug trials; handled the same way, still on the market. Judge K’s overreach to assert that the FDA’s approval is invalid, if applied here, ought then be applied to any other drug that went through a “shortcut” process. M has been on the market for 20 years, with a safety record that beats Tylenol. Why did K not consider that to be salient evidence of the drug’s safety? If the case is about whether the FDA’s safety process was or was not sufficient, why talk about unborn humans, while disregarding the heaps of data that show M is safe?
TBH, as much as I love the Tennessee Three, it disturbs me to hear as much Scripture quoted as I heard when Pearson was responding to the call for his expulsion. I realize that must play well in TN--and believe that it was genuinely expressed in Pearson’s case. But I want much more rigor regarding the separation of church and state. I do not want religious doctrine to be the basis for governance decisions. I will never accept religious beliefs as a basis for decisions that are then imposed on the millions of Americans who derive their ethics and morality from other sources than Christian doctrine.
I believe that performative religiosity should have no place in the official processes of how our government operates. I’m not sure what all need to change, but my dad was pretty pissed that “In God We Trust” was added to coinage and that “Under God” was added to the Pledge.
It just truly kills me that Tennessee lawmakers who sided with children demanding NOT to be slaughtered at school got fired but a corrupt judge gets to keep his job. We know he won't be impeached, and we know he is too corrupt to resign - why lose the cushy job he knows he won't be booted from?
Wow. Jay, this has to be one of your foundational pieces. I got a little worried at the delay of your posting from normal, but this, so well written, researched, & pieced together, says it all. Thank you, you are a treasure. And I mean that. Now I have to go off and think about it all, lots of meat here and few potatoes.
Jay, great review, but how about an addendum on Gregg Abbot’s nullification of a jury verdict in Texas to let someone convicted of premeditated murder go free for the simple reason that the murderer was one of Abbot’s type of people and the victim wasn’t?
I just heard, on NPR, that the Governor of Texas cannot simply wave his pen and pardon a convicted felon. The decision must go to the State parole board (if I recall the name correctly) for recommendation yea or nay. Not that I have much faith in a Texas parole board going against the governor (not sure if the gov. appoints them?).
Thanks. I know that’s the case in my birth state, Georgia. Glad to hear it’s the same in Texas. Maybe a parole board will be less prone to political grandstanding than a power mad governor.
"In sum, our liberal democracy has built-in safeguards against active attack such as we are now seeing on multiple fronts."
Yes, this is true, but I would add one important word: ". . . our liberal democracy STILL has built-in safeguards . . ." But for how much longer? If we don't make use of those safeguards - every one of them and in a big way - they will be trampled and destroyed, perhaps forever. If we let that happen, we can kiss our freedom and democracy goodbye.
The MAGA movement's extremist agenda demands both opposition and response. The fight has come and it has found all of us. We are all targeted and so are our children. Judge Kacsmaryk has a very specific vision for their future. It is unacceptable. Resist.
From Barbara
I offer a point by point of the responses to the 4 items on your list:
1. The Justice Department on Monday appealed a Texas judge’s decision that would block access to a key abortion drug across the country, arguing that the challengers had no right to file the lawsuit since they were not personally harmed by the abortion pill.
The 49-page appeal, filed in the right-leaning U.S. Court of Appeals for the 5th Circuit, landed less than one business day after Judge Matthew J. Kascmaryk ordered the Federal Drug Administration to revoke its approval of mifepristone — one of the two medications used in more than half of all abortions in the United States.
UPDATE: Drug Company Leaders Condemn Ruling Invalidating F.D.A. Approval of Abortion Pill. Uh oh. The Judge has angered the MAGA politicians biggest contributors.
2. The Nashville Metro Council is voting Monday afternoon to temporarily fill the seat before a special election. It’s anticipated that Jones, 27, will earn enough votes from council members to regain his former seat. The Black freshman lawmaker is planning to then lead a march to the statehouse and return to work just as the Legislature gavels in for an evening session.
UPDATE: Ousted Tennessee legislator Justin Jones reinstated after Nashville council vote
3. Congress Members Announce Hearing, Demand Chief Justice Investigate Clarence Thomas’ Trips
4. Manhattan District Attorney Alvin Bragg (D) hit back at House Judiciary Republicans on Thursday, after Committee Chair Jim Jordan (R-Ohio) subpoenaed a former prosecutor involved in his investigation into former President Trump. “The House GOP continues to attempt to undermine an active investigation and ongoing New York criminal case with an unprecedented campaign of harassment and intimidation,” Bragg tweeted. “Repeated efforts to weaken state and local law enforcement actions are an abuse of power and will not deter us from our duty to uphold the law.”
Justice Department appeals Texas abortion pill order
OMG Jay this is so frightening. Thank you for so clearly laying it out. You are providing a valuable service in helping us understand both the big and little pictures.
Whew. That's a lot. I'm going to get myself some wine and chocolate. When people game the system so that the guardrails have been shredded, it's hard to feel any hope at all. With everything you listed, I unfortunately didn't see anything resembling accountability for these people. Without that, we're doomed. I'd like to think that these are the last desperate attempts to hold onto power by a dying party. However the damage they are succeeding at implementing, is going to take generations to undo. I have very little faith in our media to do its job. They're so busy falling all over themselves to prove they're not liberal, that they've lost all sense of perspective. All they seem to care about is causing division and chaos. It feels like those of us who care are hanging by a thread and multiple agencies, that are supposed to protect us, are holding the scissors. I'm exhausted and heartbroken. I'm seriously considering finding somewhere else to live. My heart just can't take much more of this.
I find it important not to focus on outcome-specific goals but to keep fighting the fight pointed in the right direction. The problem with these goals is that once you achieve them, a new goal or bar is set, and you’re back to anxiety. If it’s all about the continuing effort to keep the fire alive, then things aren’t as bleak. There will of course be storms, but that means better and clearer days ahead, at least for a time.
I feel the larger purpose behind the ruling re. the FDA is call into question the authority of “unelected agencies” to impose rules. I’m willing to bet the Repubs would love to apply the same logic to gut the EPA and environmental protection.
I’d love to see a judge use the criminally incompetent Texas judge’s ruling to outlaw all boner pills. That just might get the attention of the typically old, philandering male GQP scumwads . .
This decision by the TX judge citing the frigging Comstock Act makes me think they’ll be coming for birth control next. Good Goddess, abortion and birth control?? Makes me think we women should iron our red dresses and dust off our white bonnets. Thanks for your thorough, if frightening, overview Jay. Hope you’re doing OK.
Re: the Thomas' acceptance of a fat cat's largesse (which the right is always screaming about the left doing) - I was under the impression that "gifts" of this magnitude, including private jet trips that would be 6 figures if booked by the recipient, luxury accommodations same, vacations on the guy's yacht, ditto - were considered taxable. So, d'ya suppose the Thomases declared and paid taxes on that bounty? Color me doubtful...
Excellent piece as always, Jay. Republicans are indeed throwing out the rulebook in order to keep power. I just learned today that Tricia Cotham, the NC House Representative who recently switched from Democrat to Republican, got TWO THIRDS of her campaign funds from Republican aligned PACs. This information comes from the NC Board of Elections and was reported on Twitter by Carolina Forward, a communications and policy organization. It indicates that Cotham ran as a Trojan horse only to get elected and switch parties. This seems to be a blatant plot to defraud the voters in her district. Dark money must be removed from our politics.
I will need to look into this story!
Please do, Jay. We at Better Ballot NC are working to bring ranked choice voting to NC. All of our little gang of grassroots activists are also actively working to get out the vote; urban and youth turnout was lower than hoped during the last election. The party switch just handed the GOP a super majority; Cooper’s votes can be overridden now. Gerrymandering case being argued (again!) as we speak. We have a new chair of the Democratic Party, Anderson Clayton, who is just 26 yo and, quite interestingly, lives in a rural district here in NC. All of which means we have an exciting couple of years.
Education is really on the line here, as well as reproductive care and LGBTQ civil rights. The legislature has refused to fund disadvantaged schools, despite a state Supreme Court ruling ordering them to do so. Parental Bill of Rights may have already passed. Moms for Liberty are here and working on book bans.
Sooo angry about this 😡
Me, too, Laurie!
Nashville council just voted Justin Jones to fill his interim seat. They are currently walking him to the capital.
Awesome news! 🙌🏻🙌🏻
Wow was that comprehensive! Some really great breakdown on government systems, how it works and how it may not. This, specifically caught my eye with regard to state DA’s:
“Critics on the right argue that by opening this door, local prosecutors anywhere could come after former presidents as political vendettas..” Haven’t seen it happen yet-not in my 5 decades of civic awareness. It’s never been the habit of local or state DA’s to carry out ‘vendettas’, since no former POTUS has ever so blatantly broken the law, state or federal, before. And hopefully won’t in the future! (Not holding my breath tho.) Only an extremist Republican would think that way. Getting an extremist Democrat nominated to a bench? When was the last time we heard of that? I don’t even know, never heard of it but there probably are a couple, vs the giant nest of nutbag conservative judges (thanks McConnell) who insist the entire country follow their regressive & oppressive codas that are dictated by their religion.
I do know gaming of the system when I see it and it’s in full bloom, gaslight and all.
Thank you for this column. I don’t understand why a judge, who has no knowledge of pharmacology, should make decisions affecting distribution of medication? He has no knowledge or training in medicine or pharmacology - so why should this be an issue in front of a court? The debate belongs within the agency charged with regulating medication, the FDA, and they had that debate many years ago.
That part is actually easy enough to explain. Judges are not expected to be experts in any subject matter that comes before them; in fact, a judge with expertise in a particular subject matter other than the law itself can be more likely to be biased. It is the job of the attorneys for both sides to lay out their case, bring expert witnesses etc., so a layperson (the judge, or the jurors) can make an educated judgement. What happened here is almost the opposite - this judge knew too much about one side of the argument (and wasn't even willing to listen to the other side), making him heavily biased. He probably also went so far as to disregard the letter of the law.
Their lack of subject matter expertise is supposed to go hand-in-hand with principles of jurisprudence, which include a conservative view of sticking with precedent and only going as far as needed to course correct. In this case, the FDA process deviated from the most rigorous process. Same year, so did other drug trials; handled the same way, still on the market. Judge K’s overreach to assert that the FDA’s approval is invalid, if applied here, ought then be applied to any other drug that went through a “shortcut” process. M has been on the market for 20 years, with a safety record that beats Tylenol. Why did K not consider that to be salient evidence of the drug’s safety? If the case is about whether the FDA’s safety process was or was not sufficient, why talk about unborn humans, while disregarding the heaps of data that show M is safe?
TBH, as much as I love the Tennessee Three, it disturbs me to hear as much Scripture quoted as I heard when Pearson was responding to the call for his expulsion. I realize that must play well in TN--and believe that it was genuinely expressed in Pearson’s case. But I want much more rigor regarding the separation of church and state. I do not want religious doctrine to be the basis for governance decisions. I will never accept religious beliefs as a basis for decisions that are then imposed on the millions of Americans who derive their ethics and morality from other sources than Christian doctrine.
I believe that performative religiosity should have no place in the official processes of how our government operates. I’m not sure what all need to change, but my dad was pretty pissed that “In God We Trust” was added to coinage and that “Under God” was added to the Pledge.
Thanks for this explanation. I know zilch about law. I’m a doctor.
An activist judge, whose actions undermine yet another American institution.
It just truly kills me that Tennessee lawmakers who sided with children demanding NOT to be slaughtered at school got fired but a corrupt judge gets to keep his job. We know he won't be impeached, and we know he is too corrupt to resign - why lose the cushy job he knows he won't be booted from?
Wow. Jay, this has to be one of your foundational pieces. I got a little worried at the delay of your posting from normal, but this, so well written, researched, & pieced together, says it all. Thank you, you are a treasure. And I mean that. Now I have to go off and think about it all, lots of meat here and few potatoes.
Jay, great review, but how about an addendum on Gregg Abbot’s nullification of a jury verdict in Texas to let someone convicted of premeditated murder go free for the simple reason that the murderer was one of Abbot’s type of people and the victim wasn’t?
I fear for the next two years we can attach a new addendum every few days!
Yeah, 2023: One Republican outrage and 1.5 mass shootings a day to look forward to.
I just heard, on NPR, that the Governor of Texas cannot simply wave his pen and pardon a convicted felon. The decision must go to the State parole board (if I recall the name correctly) for recommendation yea or nay. Not that I have much faith in a Texas parole board going against the governor (not sure if the gov. appoints them?).
But the parole board must wait until a person is sentenced before considered for a pardon. So Abbott is little premature.
Trye. Sadly, the parole board members were nominated by Gov. Abbott, so they are likely to agree with his decision.
Thanks. I know that’s the case in my birth state, Georgia. Glad to hear it’s the same in Texas. Maybe a parole board will be less prone to political grandstanding than a power mad governor.
I hope this is true. It disturbs me to no end the way pardons have been being used as political favors.
"In sum, our liberal democracy has built-in safeguards against active attack such as we are now seeing on multiple fronts."
Yes, this is true, but I would add one important word: ". . . our liberal democracy STILL has built-in safeguards . . ." But for how much longer? If we don't make use of those safeguards - every one of them and in a big way - they will be trampled and destroyed, perhaps forever. If we let that happen, we can kiss our freedom and democracy goodbye.
From Schmidt of The Lincoln Project
MAGA Movement's Overreach
The MAGA movement's extremist agenda demands both opposition and response. The fight has come and it has found all of us. We are all targeted and so are our children. Judge Kacsmaryk has a very specific vision for their future. It is unacceptable. Resist.
From Barbara
I offer a point by point of the responses to the 4 items on your list:
1. The Justice Department on Monday appealed a Texas judge’s decision that would block access to a key abortion drug across the country, arguing that the challengers had no right to file the lawsuit since they were not personally harmed by the abortion pill.
The 49-page appeal, filed in the right-leaning U.S. Court of Appeals for the 5th Circuit, landed less than one business day after Judge Matthew J. Kascmaryk ordered the Federal Drug Administration to revoke its approval of mifepristone — one of the two medications used in more than half of all abortions in the United States.
UPDATE: Drug Company Leaders Condemn Ruling Invalidating F.D.A. Approval of Abortion Pill. Uh oh. The Judge has angered the MAGA politicians biggest contributors.
2. The Nashville Metro Council is voting Monday afternoon to temporarily fill the seat before a special election. It’s anticipated that Jones, 27, will earn enough votes from council members to regain his former seat. The Black freshman lawmaker is planning to then lead a march to the statehouse and return to work just as the Legislature gavels in for an evening session.
UPDATE: Ousted Tennessee legislator Justin Jones reinstated after Nashville council vote
3. Congress Members Announce Hearing, Demand Chief Justice Investigate Clarence Thomas’ Trips
4. Manhattan District Attorney Alvin Bragg (D) hit back at House Judiciary Republicans on Thursday, after Committee Chair Jim Jordan (R-Ohio) subpoenaed a former prosecutor involved in his investigation into former President Trump. “The House GOP continues to attempt to undermine an active investigation and ongoing New York criminal case with an unprecedented campaign of harassment and intimidation,” Bragg tweeted. “Repeated efforts to weaken state and local law enforcement actions are an abuse of power and will not deter us from our duty to uphold the law.”
Justice Department appeals Texas abortion pill order
#2 was a UNANIMOUS vote to reinstate Justin Jones!!!
We all will not be defeated.
RE: #2 He’s been voted back in and being escorted to be seated.
I just saw this too. Yay!!!
Barbara M. - I so wanted to insert an LOL following your Uh-Oh.....
This is absolutely one of the best pieces you've done! Concise and well thought out. Curtain call please!
I agree!
OMG Jay this is so frightening. Thank you for so clearly laying it out. You are providing a valuable service in helping us understand both the big and little pictures.
Whew. That's a lot. I'm going to get myself some wine and chocolate. When people game the system so that the guardrails have been shredded, it's hard to feel any hope at all. With everything you listed, I unfortunately didn't see anything resembling accountability for these people. Without that, we're doomed. I'd like to think that these are the last desperate attempts to hold onto power by a dying party. However the damage they are succeeding at implementing, is going to take generations to undo. I have very little faith in our media to do its job. They're so busy falling all over themselves to prove they're not liberal, that they've lost all sense of perspective. All they seem to care about is causing division and chaos. It feels like those of us who care are hanging by a thread and multiple agencies, that are supposed to protect us, are holding the scissors. I'm exhausted and heartbroken. I'm seriously considering finding somewhere else to live. My heart just can't take much more of this.
I find it important not to focus on outcome-specific goals but to keep fighting the fight pointed in the right direction. The problem with these goals is that once you achieve them, a new goal or bar is set, and you’re back to anxiety. If it’s all about the continuing effort to keep the fire alive, then things aren’t as bleak. There will of course be storms, but that means better and clearer days ahead, at least for a time.
Thank you. As always, perspective.
Thank you, our action is necessary and I appreciate the reminder that the system does work - if we vote!
I feel the larger purpose behind the ruling re. the FDA is call into question the authority of “unelected agencies” to impose rules. I’m willing to bet the Repubs would love to apply the same logic to gut the EPA and environmental protection.
I’d love to see a judge use the criminally incompetent Texas judge’s ruling to outlaw all boner pills. That just might get the attention of the typically old, philandering male GQP scumwads . .
LOL!!!
This decision by the TX judge citing the frigging Comstock Act makes me think they’ll be coming for birth control next. Good Goddess, abortion and birth control?? Makes me think we women should iron our red dresses and dust off our white bonnets. Thanks for your thorough, if frightening, overview Jay. Hope you’re doing OK.
The Comstock Act repeal should be another item on the Democrat's list of things to do once they control of the House and Senate in 2024.
Re: the Thomas' acceptance of a fat cat's largesse (which the right is always screaming about the left doing) - I was under the impression that "gifts" of this magnitude, including private jet trips that would be 6 figures if booked by the recipient, luxury accommodations same, vacations on the guy's yacht, ditto - were considered taxable. So, d'ya suppose the Thomases declared and paid taxes on that bounty? Color me doubtful...