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Opinion: Will voters get the message that our judicial system is on the 2024 ballot too?

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Opinion: Will voters get the message that our judicial system is on the 2024 ballot too?

Democrats will be lucky to keep control of the U.S. Senate after November’s elections. Yet Supreme Court Justice Samuel A. Alito Jr. lately has shown again why that’s imperative: A Republican-run Senate would confirm more far-right ideologues like him to the federal bench if Donald Trump is once again choosing the nominees, or block many of Joe Biden’s picks if the president is reelected.

First for the Alito story: An upside-down U.S. flag flew in his front yard for days in January 2021, the New York Times first reported. That such a thing would happen at any time at a Supreme Court justice’s home is abhorrent. That it did so when the inverted flag served as a banner for the mobs who’d just besieged the Capitol and tried to subvert an election is not only arguably unethical (the Supreme Court was hearing cases related to the Trump-inspired “Stop the Steal” effort, and still is) but downright seditious. No matter if the hoisting was his wife’s doing, as Alito ignobly claimed.

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Jackie Calmes

Jackie Calmes brings a critical eye to the national political scene. She has decades of experience covering the White House and Congress.

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Then on Monday, Chris Geidner, in his Substack publication Law Dork, disclosed that Alito last year appeared to have joined the Bud Light boycott protesting that brand’s advertised support for transgender people.

According to federal disclosure reports that Geidner posted, Alito sold shares in Bud Light’s maker, Anheuser-Busch, at the height of the controversy last summer and bought stock in competitor Molson Coors. The transactions didn’t involve large amounts of money, but here again, cases related to transgender rights were — and are — making their way through the courts to the Supremes.

To make matters worse, on Wednesday, the New York Times reported that another protest flag associated with right-wing, pro-Trump sentiment flew from the Alitos’ New Jersey vacation home last summer.

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Alito’s apparent blindness to conflicts of interest and his penchant for peevish shows of right-wing partisanship are second only to those of his Republican-appointed colleague Justice Clarence Thomas, spouse of “Stop the Steal” schemer Ginni Thomas. Both justices reject calls to recuse themselves from pending cases stemming from Jan. 6. Both are complicit in, and perhaps responsible for, the court’s unconscionable delay in deciding whether Trump is immune from criminal prosecution for his role in the insurrection attempt. We might get its ruling by July, likely too late for a trial before November.

Also, both justices are in their mid-70s. And that’s where political calculations about the Senate come in.

It’s widely believed among court watchers and pundits that Alito and Thomas might well retire if Trump wins another term, so he could nominate much younger versions of themselves who could serve for many more decades to come alongside Trump’s trifecta of 50-somethings: Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett. Trump could elevate younger judges such as those he tapped for lower federal courts say, 40-something district court judges Aileen Cannon, who helpfully suspended his classified documents trial indefinitely, and Matthew Kacsmaryk, whose ruling outlawing a pill used for most abortions is currently before the Supremes.

A Republican-controlled Senate presumably would fast-track Trump’s high court nominees, and perhaps more than a couple hundred others for the lower federal courts — just as it did the first time around for Trump. A Senate still under Democrats’ control, however, could presumably force a reelected Trump to tap more moderate judicial candidates, and, if he refused, could slow-walk, shelve or reject extremists. Like more Alitos and Thomases.

Lest anyone doubt that Republican senators would be a conveyor belt for right-wing judges under Trump, or a blockade against Biden nominees if he wins a second term, Senate Republican Leader Mitch McConnell offered a reminder of their MAGA-apologist mindset on Wednesday. When a reporter asked him to weigh in on the Alitos’ flag, McConnell snapped, “I’m not going to dignify that with a response.”

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Talk about misplaced indignation.

More voters, Democrats as well as independents and moderate Republicans who oppose right-wing activists throughout our judiciary, must cast ballots for the Senate as well as for president with the composition of the courts in mind — as conservative voters did for decades, successfully. Democratic candidates, including Biden, are doing more to raise awareness. But it’s not enough. The message has to be explicit, and frequent: The courts are on the ballot too.

A big test is in Democratic-blue Maryland, of all places. Larry Hogan, the popular former governor and probably the only Republican in the state who could get elected to the Senate, last week won his party’s nomination to fill the seat that Democratic Sen. Benjamin L. Cardin is giving up. The Democrats have to defend that seat along with those of incumbents in red states Ohio and Montana, and swing states Pennsylvania and Wisconsin. The party, with just a two-vote majority now, has already written off the Senate seat that Democrat Joe Manchin III is vacating in Trump-loving West Virginia, so every seat is crucial.

Hogan, a personable pragmatist and Trump critic, appeals to some Maryland Democrats despite his party label, and to moderate Republicans and independents who’ve otherwise soured on the Republican Party in the Trump era. Many of them backed him for governor, and might for senator. To entice them, the former “pro-life” governor has flipped to declare himself a “pro-choice” Senate candidate.

Yet because the Senate stakes are so much bigger than just Maryland, Hogan’s Democratic and other anti-MAGA fans should resist his charms this time. His victory would make it that much more likely that Republicans will capture control of the chamber with power to confirm federal judges and justices. His Democratic opponent, widely respected county executive Angela D. Alsobrooks, shows early signs of hammering that point.

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Her challenge is to get voters who like Hogan to instead think strategically and do their part to help keep the Senate out of MAGA-fied Republicans’ control. The makeup of that other branch of government — the Supreme Court and the rest of the federal bench — could depend on it. That should be the thumb on the scale.

@jackiekcalmes

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Dems’ potential 2028 hopefuls come out against US strikes on Iran

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Dems’ potential 2028 hopefuls come out against US strikes on Iran

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Some of the top rumored Democratic potential candidates for president in 2028 are showing a united front in opposing U.S. strikes on Iran, with several high-profile figures accusing President Donald Trump of launching an unnecessary and unconstitutional war.

Former Vice President Kamala Harris said Trump was “dragging the United States into a war the American people do not want.”

“Let me be clear: I am opposed to a regime-change war in Iran, and our troops are being put in harm’s way for the sake of Trump’s war of choice,” Harris said in a statement Saturday following the joint U.S. and Israeli strikes throughout Iran.

“This is a dangerous and unnecessary gamble with American lives that also jeopardizes stability in the region and our standing in the world,” she continued. “What we are witnessing is not strength. It is recklessness dressed up as resolve.”

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Former Vice President Kamala Harris, Rep. Alexandria Ocasio-Cortez and California Gov. Gavin Newsom are leading Democratic 2028 hopefuls who spoke out against U.S. strikes on Iran. (Big Event Media/Getty Images for HumanX Conference; Reuters/Liesa Johannssen; Mario Tama/Getty Images)

California Gov. Gavin Newsom delivered some of his sharpest criticism during a book tour stop Saturday night in San Francisco, accusing Trump of manufacturing a crisis.

“It stems from weakness masquerading as strength,” Newsom said. “He lied to you. So reckless is the only way to describe this.”

“He didn’t describe to the American people what the endgame is here,” Newsom added. “There wasn’t one. He manufactured it.”

Newsom is currently promoting his memoir, “Young Man in a Hurry,” with recent and upcoming stops in South Carolina, New Hampshire and Nevada — three key early voting states in the Democratic presidential calendar.

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Earlier in the day, Newsom said Iran’s “corrupt and repressive” regime must never obtain nuclear weapons and that the “leadership of Iran must go.”

“But that does not justify the President of the United States engaging in an illegal, dangerous war that will risk the lives of our American service members and our friends without justification to the American people,” Newsom wrote on X.

California is home to more than half of the roughly 400,000 Iranian immigrants in the United States, including a large community in West Los Angeles often referred to as “Tehrangeles.”

DEMOCRATS BUCK PARTY LEADERS TO DEFEND TRUMP’S ‘DECISIVE ACTION’ ON IRAN

Rep. Alexandria Ocasio-Cortez, D-N.Y., a leading progressive voice and “Squad” member, accused Trump of dragging Americans into a conflict they did not support.

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“The American people are once again dragged into a war they did not want by a president who does not care about the long-term consequences of his actions. This war is unlawful. It is unnecessary. And it will be catastrophic,” Ocasio-Cortez said.

“Just this week, Iran and the United States were negotiating key measures that could have staved off war. The President walked away from these discussions and chose war instead,” she continued.

“In moments of war, our Constitution is unambiguous: Congress authorizes war. The President does not,” she said, pledging to vote “YES on Representatives Ro Khanna and Thomas Massie’s War Powers Resolution.”

Illinois Gov. JB Pritzker criticized the strikes and accused Trump of ignoring Congress. (Daniel Boczarski/Getty Images for Vox Media)

Illinois Gov. JB Pritzker, another Democrat often mentioned as a potential 2028 contender, also criticized the strikes and accused Trump of ignoring Congress.

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“No justification, no authorization from Congress, and no clear objective,” Pritzker wrote on X.

“Donald Trump is once again sidestepping the Constitution and once again failing to explain why he’s taking us into another war,” he continued. “Americans asked for affordable housing and health care, not another potentially endless conflict.”

“God protect our troops,” Pritzker added.

Pennsylvania Gov. Josh Shapiro focused his criticism on war powers, arguing Trump acted outside constitutional guardrails.

“In our democracy, the American people — through our elected representatives — decide when our nation goes to war,” Shapiro said, adding that Trump “acted unilaterally — without Congressional approval.”

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JONATHAN TURLEY: TRUMP STRIKES IRAN — PRECEDENT AND HISTORY ARE ON HIS SIDE

Pennsylvania Gov. Josh Shapiro focused his criticism on war powers, arguing Trump acted outside constitutional guardrails. (Rachel Wisniewski/Bloomberg via Getty Images)

“Make no mistake, the Iranian regime represses its own people… they must never be allowed to possess nuclear weapons,” he said. “But that does not justify the President of the United States engaging in an illegal, dangerous war.”

Shapiro added that “Congress must use all available power” to prevent further escalation.

Former Transportation Secretary Pete Buttigieg also accused Trump of launching a “war of choice.”

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“The President has launched our nation and our great military into a war of choice, risking American lives and resources, ignoring American law, and endangering our allies and partners,” Buttigieg wrote on X. “This nation learned the hard way that an unnecessary war, with no plan for what comes next, can lead to years of chaos and put America in still greater danger.”

Buttigieg has been hitting early voting states, stopping in New Hampshire and Nevada in recent weeks to campaign for Democrats ahead of the 2026 midterm elections.

Sen. Ruben Gallego, D-Ariz., who has been floated as a rising national figure within the party, said he lost friends in Iraq to an illegal war and opposed the strikes.

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“Young working-class kids should not pay the ultimate price for regime change and a war that hasn’t been explained or justified to the American people. We can support the democracy movement and the Iranian people without sending our troops to die,” Gallego wrote on X. 

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Fox News’ Daniel Scully and Alex Nitzberg contributed to this report.

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Commentary: With midterm vote starting, here’s where things stand in national redistricting fight

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Commentary: With midterm vote starting, here’s where things stand in national redistricting fight

Donald Trump has never been one to play by the rules.

Whether it’s stiffing contractors as a real estate developer, defying court orders he doesn’t like as president or leveraging the Oval Office to vastly inflate his family’s fortune, Trump’s guiding principle can be distilled to a simple, unswerving calculation: What’s in it for me?

Trump is no student of history. He’s famously allergic to books. But he knows enough to know that midterm elections like the one in November have, with few exceptions, been ugly for the party holding the presidency.

With control of the House — and Trump’s virtually unchecked authority — dangling by a gossamer thread, he reckoned correctly that Republicans were all but certain to lose power this fall unless something unusual happened.

So he effectively broke the rules.

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Normally, the redrawing of the country’s congressional districts takes place once every 10 years, following the census and accounting for population changes over the previous decade. Instead, Trump prevailed upon the Republican governor of Texas, Greg Abbott, to throw out the state’s political map and refashion congressional lines to wipe out Democrats and boost GOP chances of winning as many as five additional House seats.

The intention was to create a bit of breathing room, as Democrats need a gain of just three seats to seize control of the House.

In relatively short order, California’s Democratic governor, Gavin Newsom, responded with his own partisan gerrymander. He rallied voters to pass a tit-for-tat ballot measure, Proposition 50, which revised the state’s political map to wipe out Republicans and boost Democratic prospects of winning as many as five additional seats.

Then came the deluge.

In more than a dozen states, lawmakers looked at ways to tinker with their congressional maps to lift their candidates, stick it to the other party and gain House seats in November.

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Some of those efforts continue, including in Virginia where, as in California, voters are being asked to amend the state Constitution to let majority Democrats redraw political lines ahead of the midterm. A special election is set for April 21.

But as the first ballots of 2026 are cast on Tuesday — in Arkansas, North Carolina and Texas — the broad contours of the House map have become clearer, along with the result of all those partisan machinations. The likely upshot is a nationwide partisan shift of fewer than a handful of seats.

The independent, nonpartisan Cook Political Report, which has a sterling decades-long record of election forecasting, said the most probable outcome is a wash. “At the end of the day,” said Erin Covey, who analyzes House races for the Cook Report, “this doesn’t really benefit either party in a real way.”

Well.

That was a lot of wasted time and energy.

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Let’s take a quick spin through the map and the math, knowing that, of course, there are no election guarantees.

In Texas, for instance, new House districts were drawn assuming Latinos would back Republican candidates by the same large percentage they supported Trump in 2024. But that’s become much less certain, given the backlash against his draconian immigration enforcement policies; numerous polls show a significant falloff in Latino support for the president, which could hurt GOP candidates up and down the ballot.

But suppose Texas Republicans gain five seats as hoped for and California Democrats pick up the five seats they’ve hand-crafted. The result would be no net change.

Elsewhere, under the best case for each party, a gain of four Democratic House seats in Virginia would be offset by a gain of four Republican House seats in Florida.

That leaves a smattering of partisan gains here and there. A combined pickup of four or so Republican seats in Ohio, North Carolina and Missouri could be mostly offset by Democratic gains of a seat apiece in New York, Maryland and Utah.

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(The latter is not a result of legislative high jinks, but rather a judge throwing out the gerrymandered map passed by Utah Republicans, who ignored a voter-approved ballot measure intended to prevent such heavy-handed partisanship. A newly created district, contained entirely within Democratic-leaning Salt Lake County, seems certain to go Democrats’ way in November.)

In short, it’s easy to characterize the political exertions of Trump, Abbott, Newsom and others as so much sound and fury producing, at bottom, little to nothing.

But that’s not necessarily so.

The campaign surrounding Proposition 50 delivered a huge political boost to Newsom, shoring up his standing with Democrats, significantly raising his profile across the country and, not least for his 2028 presidential hopes, helping the governor build a significant nationwide fundraising base.

In crimson-colored Indiana, Republicans refused to buckle under tremendous pressure from Trump, Vice President JD Vance and other party leaders, rejecting an effort to redraw the state’s congressional map and give the GOP a hold on all nine House seats. That showed even Trump’s Svengali-like hold on his party has its limits.

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But the biggest impact is also the most corrosive.

By redrawing political lines to predetermine the outcome of House races, politicians rendered many of their voters irrelevant and obsolete. Millions of Democrats in Texas, Republicans in California and partisans in other states have been effectively disenfranchised, their voices rendered mute. Their ballots spindled and nullified.

In short, the politicians — starting with Trump — extended a big middle finger to a large portion of the American electorate.

Is it any wonder, then, so many voters hold politicians and our political system in contempt?

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Mamdani’s response to Trump’s Iran strike sparks conservative backlash: ‘Rooting for the ayatollah’

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Mamdani’s response to Trump’s Iran strike sparks conservative backlash: ‘Rooting for the ayatollah’

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New York City’s socialist Mayor Zohran Mamdani is facing blowback from conservatives on social media over his post condemning the U.S. attack on Iran that led to the killing of Iran’s supreme leader, Ayatollah Ali Khamenei.

On Saturday, as a joint strike on Iran by the United States and Israel was developing, Mamdani blasted the Trump administration’s decision in a post on X that has been viewed roughly 20 million times. 

“Today’s military strikes on Iran — carried out by the United States and Israel — mark a catastrophic escalation in an illegal war of aggression,” Mamdani wrote.

“Bombing cities. Killing civilians. Opening a new theater of war. Americans do not want this. They do not want another war in pursuit of regime change.”

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New York City Mayor Zohran Mamdani speaks to reporters during a news conference in New York Feb. 17, 2026.  (AP Photo/Seth Wenig)

Mamdani said Americans prefer “relief from the affordability crisis” before speaking directly to Iranians in New York City.

“You are part of the fabric of this city — you are our neighbors, small business owners, students, artists, workers, and community leaders,” Mamdani said. “You will be safe here.”

The post was quickly slammed by conservatives on social media making the case that Mamdani’s response appeared sympathetic to Iran’s brutal regime and pointing to his lack of public reaction to the Iranian protesters killed in recent years.

“Comrade Mayor is rooting for the Ayatollah,” GOP Sen. Ted Cruz posted on X. “They can chant together.”

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OBAMA OFFICIAL WHO BACKED IRAN DEAL SPARKS ONLINE OUTRAGE WITH REACTION TO TRUMP’S STRIKE: ‘SIT THIS ONE OUT’

“Do u say anything pro American ?” Fox News host Brian Kilmeade posted on X. “do u know any Iranians – ? they hate @fr_Khamenei they celebrate his death, you should be celebrating his death ! hes killed thousands of American’s and just killed 30k Iranians, did u even say a word about that? You are an embarrassment !! Please quit.”

Sen. Ted Cruz, R-Texas, questions Pam Bondi, President-elect Donald Trump’s nominee to be attorney general, during her Senate Judiciary Committee confirmation hearing in Hart building Jan. 15, 2025.  (Tom Williams/CQ-Roll Call, Inc via Getty Images)

“I don’t feel safe in New York listening to someone like you, Mamdani, who sympathizes with the regime that killed more than 30,000 unarmed Iranians in less than 24 hours,” Iranian American journalist Masih Alinejad posted on X. 

“We Iranians do not allow you to lecture us about war while you had nothing to say when the Islamic Republic shot schoolgirls and blinded more than 10,000 innocent people in the streets. You were busy celebrating the hijab while women of my beloved country Iran were jailed and raped by Islamic Security forces for removing it. 

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“And NOW you find your voice to defend the regime? No. I will not let you claim the moral high ground. The people of Iran want to be free. Where were you when they needed solidarity?”

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“How is it that you can’t differentiate between good and evil?” Billionaire hedge fund manager Bill Ackman posted on X. “Why is this so hard for you?”

“It takes a particular kind of audacity, or ignorance, for a city mayor to appoint himself the conscience of American foreign policy while his constituents step over garbage on their way to work,” GOP Rep. Nancy Mace posted on X. “History will not remember his bravery. It will not remember him at all.”

“Iranian New Yorkers are thrilled today and see right through you,” Republican New York City Councilwoman Vickie Paladino posted on X. 

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Bill Ackman, CEO of Pershing Square Capital Management LP, speaks during the WSJ D.Live global technology conference in Laguna Beach, Calif., Oct. 17, 2017. (Patrick Fallon/Bloomberg/Getty Images)

“When Kuwait, Saudi Arabia, Qatar, Turkey, UAE, Bahrain all support today’s operation eliminating world’s #1 sponsor of terror, but New York City’s Mayor @ZohranMamdani is shilling for Iran,” Republican New York City Councilwoman Inna Vernikov posted on X. 

Fox News Digital reached out to Mamdani’s office for comment.

Shortly after Mamdani’s post, it was announced by President Trump and Israeli officials that the military operation resulted in Khamenei’s death.

Israeli leaders confirmed Khamenei’s compound and offices were reduced to rubble early Saturday after a targeted strike in downtown Tehran.

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“Khamenei was the contemporary Middle East’s longest-serving autocrat. He did not get to be that way by being a gambler. Khamenei was an ideologue, but one who ruthlessly pursued the preservation and protection of his ideology, often taking two steps forward and one step back,” Behnam Ben Taleblu, senior director of FDD’s Iran program, told Fox News Digital.

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