Politics
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.
Opinion Columnist
Jackie Calmes
Jackie Calmes brings a critical eye to the national political scene. She has decades of experience covering the White House and Congress.
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.
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.”
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.
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
Politics
Mike Kennedy advances past crowded GOP primary to secure nomination for open Utah House seat
Mike Kennedy on Tuesday won the Republican nomination for Utah’s 3rd Congressional District to replace outgoing Rep. John Curtis, R-Utah, becoming the immediate favorite to win the seat in November.
Kennedy beat fellow Republicans JR Bird, John Dougall, Case Lawrence and Stewart Peay in a packed primary pool for the district. Curtis is vacating his seat to run for U.S. Senate to replace outgoing Sen. Mitt Romney.
Kennedy, a state senator, had won the party’s nomination for the seat in April but faced challenges from other candidates who gathered signatures to be on the ballot. Peay had won the endorsement of Romney, who is also Peay’s wife’s uncle. Kennedy had won the endorsement of Sen. Mike Lee, who said he was needed to “fight against the Uniparty and help get this country back on track.”
‘SQUAD’ MEMBER FACES OUSTER FROM CONGRESS AS NEW YORK, COLORADO AND UTAH HOLD PRIMARIES ON TUESDAY
From left, JR Bird, John Dougall, Mike Kennedy, Case Lawrence and Stewart Peay, candidates in the Republican primary for Utah’s 3rd Congressional District, take part in a debate at the Eccles Broadcast Center in Salt Lake City on June 12, 2024. (Spenser Heaps/Deseret News via AP/Pool)
Bird, a mayor, emphasized his experience of running a small town as well as the importance of the energy sector and agriculture, according to the Deseret News.
Dougall, the state auditor, had run as an anti-MAGA candidate and had slammed some GOP legislation, including what he saw as an overly aggressive bill that tasks him with enforcing a ban on transgender-identifying individuals using restrooms that are inconsistent with their sex.
WATCH: THIS HOUSE PRIMARY IS MOST EXPENSIVE IN CONGRESSIONAL HISTORY
He has also been deeply critical of former President Trump. On Tuesday on X, he also questioned the “cavalier manner” of any official who swears to uphold the Constitution “then endorses Trump following January 6th.” He has advertised himself as “mainstream, not MAGA.”
At a debate this month, candidates split on the question of military funding to Ukraine as well as whether the federal government should explicitly ban abortion. Peay, Dougall and Case Lawrence – a trampoline park entrepreneur – had called on Congress to keep sending weapons to Ukraine to help it fend off the ongoing Russian invasion.
Bird and Kennedy disagreed, arguing that it was not beneficial to the U.S. to keep funding the Ukrainians, with the two calling for stronger sanctions and the seizure of Russian assets.
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Sen. Mitt Romney (Ting Shen/Bloomberg via Getty Images)
Kennedy will go on to face Democrat Glenn Wright in the November election, but the Republican is favored to win comfortably in a district that has voted Republican since 1997.
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Elsewhere in the state, Republican Gov. Spencer Cox, a major GOP Trump critic, held off a primary challenge from Phil Lyman, another 2020 election denier who easily won the state party convention.
The Associated Press and Fox News’ Paul Steinhauser contributed to this report.
California news publishers and Big Tech companies appear to be inching toward compromise on a controversial bill that would require Google and huge social media platforms to pay news outlets for the articles they distribute.
After stalling last year, Assembly Bill 886 cleared a critical hurdle Tuesday when it passed the state Senate Judiciary Committee. Several lawmakers described the legislation as a work in progress aimed at solving a critical problem: The news business is shrinking as technology changes the way people consume information.
“I do believe the marketplace is the best mechanism to regulate industry,” Sen. Tom Umberg (D-Orange), the committee chairman, said during a hearing on the bill.
However, he said, the demise of journalism harms democracy: “Thus, we have an obligation to find a way to support reasonable, credible journalism.”
The legislation, known as the “California Journalism Preservation Act,” would require digital platforms to pay news outlets a fee when they sell advertising alongside news content. It calls for creating a fund that the tech firms pay into, with the money being distributed to news outlets based on the number of journalists they employ. Publishers would have to use 70% of the money they receive to pay journalists in California.
Umberg noted that the bill does not specify an amount for the fund. He said it would be “a very elegant solution” for the parties involved to agree on what amount that should be.
Sen. Henry Stern (D-Calabasas) described talks as being “closer and closer to the place where we could actually land some kind of deal.”
In Canada, Google is paying $74 million annually into a fund for the news industry under a law similar to the one proposed in California.
Jaffer Zaidi, Google’s vice president of global news partnerships, testified against the California proposal during a hearing in which news executives from across the state lined up to express support for the bill, while tech industry lobbyists lined up in opposition. The bill is sponsored by the California News Publishers Assn., of which the Los Angeles Times is a member.
“The bill would … break the fundamental and foundational principles of the open internet, forcing platforms to pay publishers for sending valuable free traffic to them,” Zaidi said.
“It puts the full burden of support on one or two companies, while shielding many other large platforms who also link to news from California publishers.”
He said Google had shared a proposal for a different way to support journalism “through targeted programs” that would be funded by more companies than just the very largest platforms. The current version of the bill would apply only to Google and Meta, the parent company of Instagram and Facebook.
“We hope this can serve as a basis for a workable path forward together,” Zaidi said. “We remain committed to being here and constructively working towards an outcome.”
The bill’s author, Assemblymember Buffy Wicks (D-Oakland), said she is “aggressively trying to engage” with companies that oppose the bill in the hopes that the sparring sides can reach an agreement that will allow the news industry to thrive.
“At the end of the day, I want the best solution to the problem,” Wicks said.
She closed the hearing by talking about the role journalism has played in exposing problems that lawmakers wind up addressing in the Capitol, such as crafting new laws to extend the statute of limitations for sexual abuse lawsuits after The Times’ investigation revealed a pattern of allegations against former USC gynecologist George Tyndall.
The bill now advances to the Senate Appropriations Committee. It will go to Gov. Gavin Newsom if it clears both houses of the Legislature by Aug. 31.
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FACE OFF: Don’t miss the Fox News Simulcast of the CNN Presidential Debate on Thursday at 9 p.m. ET. Stay in the know for more updates here.
What’s happening…
-Calls for Biden to fire official for past anti-Israel tweets
-Trump urges drug test for Biden
-Whistleblower who exposed NPR bias finds new job
What can he say?
Judge Juan Merchan has partially lifted the gag order he imposed against former President Trump – weeks after the jury found him guilty on all counts.
Trump and his legal team have been fighting the gag order since it was imposed upon him at the start of the trial, but had ramped up their efforts when it concluded last month. The former president and presumptive Republican nominee’s legal team had argued the gag order should be lifted before the June 27 presidential debate.
Merchan’s gag order barred Trump from making or directing others to make public statements about witnesses with regard to their potential participation or about counsel in the case – other than Manhattan District Attorney Alvin Bragg – or about court staff, DA staff or family members of staff.
Merchan on Tuesday partially lifted the gag order because the trial has concluded.
Trump is now able to speak about protected witnesses and jurors.
Trump is still blocked from commenting about individual prosecutors, court staff and their family members. That portion of the gag order will remain in effect until Trump’s sentencing on July 11.
Judge Juan Merchan imposed over Donald Trump (AP)
White House
‘JUST HORRIFYING’: Watchdog group calls for Biden to fire WH official for past anti-Israel tweets …Read more
Capitol Hill
‘OBSCENE’: House GOP lawmaker rips State Dept ahead of vote on U.S. dollars going to Taliban …Read more
U.S. Representative Jamaal Bowman (D-NY) speaks to the crowd while he campaigns in the Bronx borough of New York City, U.S., June 22, 2024. REUTERS/Joy Malone (REUTERS/Joy Malone)
Tales from the Campaign Trail
‘THEATER OF CONFLICT’: Democrat challenger slams Bowman tirade, says profanity-laced rally jeopardizes party ‘unity’ …Read more
JUST SAY ‘NO’: Trump urges drug test for Biden, says he’ll do same screening …Read more
EPIC CLASH: How to watch the CNN Presidential Debate Simulcast on the Fox News Channel …Read more
‘SUGARCOATING’ CONTROVERSY: California city keeps charged ballot language for non-citizen voting measure …Read more
CALL TO THE BULLPEN: Obama again serving as Joe’s closer ahead of 2024 Trump rematch …Read more
Trials and Tribulations
DAY 3: US v Trump: The afternoon public hearing ended with no decision from Judge Cannon Read more
Across America
NO ABORTIONS FOR MINORS: Tennessee sued over law banning adults from helping minors get abortions without parental consent …Read more
MOVING ON: Whistleblower finds new gig after exposing alleged liberal bias at NPR …Read more
NEW YORK PAYS PRICE FOR NAIVETY: Cuomo scorches Dems for migrant crisis: ‘We’re finding out, 200,000 people later, you needed a plan’ …Read more
GETTING AWAY WITH MURDER: This blue city that ‘Defund Police’ supporters call home has over 1,000 unsolved homicides …Read more
KENYAN EXPEDITIONARY FORCE: Kenyan police depart for Haiti to tackle rampant gang violence …Read more
ALL MUST SERVE: Israel’s Supreme Court rules ultra-Orthodox men must serve in military in unanimous decision …Read more
HUGE POPULATION: Houston area, an immigration hot spot, reeling from murder of Jocelyn Nungaray …Read more
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