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Has Trump finally pushed Republicans too far?

I hate to even ask this question, because it’s been discussed so often over the years, and the hopes raised have (up until now) always been dashed. But maybe? Maybe?


Way back in 2015, when Trump came down the escalator characterizing Mexican immigrants as rapists, and then a few weeks later denigrated John McCain’s war record, the conventional wisdom was certain that he had gone too far. Outrageousness had always been his shtick, but this was too much. Surely even his supporters would start backing away from him now.

Needless to say, it didn’t happen. It also didn’t happen after he bragged to Billy Bush that he could “grab ’em by the pussy” and get away with it. Or when two dozen women verified that he really did behave that way. Or when a jury unanimously concluded that he had sexually assaulted E. Jean Carroll.

It didn’t happen when he said he trusted Vladimir Putin more than American intelligence services. Or when his mismanagement of the Covid pandemic expanded the death toll by hundreds of thousands of American souls.

It didn’t happen when he withheld aid approved by Congress in an attempt to extort Ukrainian President Volodymyr Zelenskyy into launching a bogus investigation of Joe and Hunter Biden. Or when he was impeached for that. Or when he incited rioters to attack the Capitol to reverse the result of the election he lost to Biden. Or when he was impeached for that. Or when he pardoned the rioters of all the crimes they had committed in his name, including hospitalizing over a hundred Capitol police.

Every time, very smart people told us this was it, he had finally gone too far. But it was never true.

So why might it be true now?

The downward slide. Hemingway once said that bankruptcies happen two ways: gradually, and then suddenly. The undermining of Trump’s popularity has been following a similar pattern.

For months, Trump supporters have been getting less and less sure of themselves. Maybe it began with the Epstein Files, which Trump had campaigned on releasing, and then did his best to hide once he got into office. (His Justice Department is still dragging its feet, and Trump keeps flirting with the idea of pardoning Epstein’s primary accomplice — the only one currently in jail for Epstein’s crimes.) Or when the prices he said when come down “on Day One” kept climbing — often due to Trump’s own policies like illegal tariffs and the effect of his war with Iran. Or when he attacked Iran for no discernible reason after running on not starting foreign wars.

That all resulted in a steadily declining approval rating from the general public, to levels unlike anything he had seen before.

That set the stage. But more recently three events have brought it into focus: the White House ballroom, his insider stock trades, and (most of all) the $1.776 billion fund he has illegally created to reward the same violent criminals he pardoned for the January 6 riot.

Primary voters. Probably the last people to leave Trump will be the MAGA faithful who show up to vote in Republican primaries where he has made an endorsement. Recent results have shown him to still be strong there — strong enough to punish Republicans in Congress who step out of line.

So Rep. Thomas Massie (R-KY) lost his primary on Tuesday after being targeted by Trump for (among other things) pushing to release the Epstein Files. Last week Republican Senator Bill Cassidy also lost his primary five years after voting to convict Trump in his second impeachment trial. Neither Massie nor Cassidy, though, had defined himself as anti-Trump. Both pitched themselves as loyal Trump Republicans who maintained just a smidgen of independence.

But that’s not good enough for Trump, and he clearly retains enough sway with Republican voters to punish elected officials who cross him in any way at all. Tomorrow we’ll get another test: Trump has endorsed Texas’ corrupt attorney general, Ken Paxton, over Senator John Cornyn, who not long ago was in contention to be Majority Leader. Cornyn’s sins are even less tangible than Massie’s or Cassidy’s — he hasn’t been enthusiastic enough about Trump’s agenda to want to scrap the Senate filibuster. Trump also ousted Indiana legislators who refused to redraw their state’s congressional map.

Republicans in Congress. But Republicans in Congress don’t just have primaries to worry about. In spite of gerrymandering, some have to win in competitive districts, where they need votes from independents and maybe even a few Democrats. Senators, meanwhile, have to run statewide. So unless they’re from clearly red states, they also need support from more than just Trump and his most fervent followers.

That’s where you would expect to see the cracks form first — and we’re seeing them in two places: the reconciliation bill trying to move through the Senate, and the war powers resolution attempting to limit the Iran War. In both cases, Republican leaders in Congress adjourned for the Memorial Day recess rather than hold a vote that they would lose.

The reconciliation bill. Remember how this started. After Trump’s masked police (some combination of ICE and the border patrol) terrorized Minneapolis, murdering Alex Pretti and Renee Good, Democrats refused ICE and CBP any further funding without putting some common-sense restrictions on these rogue agencies.

first, federal immigration agents need to remove masks, turn on their body cameras, and wear visible, clear identification. Second, Democrats want to end the roving patrols. This is a nation of laws guided by the Constitution that everyone—including ICE—must abide by. This means that federal immigration officials must stop racial profiling and end random arrests; and agents must obtain a judicial warrant signed by a neutral judge—not an administrative warrant—to enter private property. They also cannot detain Americans for hours or use excessive force against them just for peacefully protesting in support of their neighbors and friends. Third, Democrats are demanding accountability. ICE and Border Patrol squads cannot indiscriminately smash in car windows, use tear gas on protestors, and shoot at people without any accountability.

Republicans refused any meaningful limits on ICE, and resolved to fund the mass-deportation agenda without Democratic votes (the same way they passed Trump’s “Big Beautiful Bill” last year). That was the origin of the current reconciliation bill.

Since then, the bill has become a Christmas tree with all kinds of baubles on it. Trump wanted it to include $1 billion for his White House ballroom — which originally wasn’t supposed to cost the taxpayers anything (beyond the cost of whatever favors Trump offered donors). Senators balked at this, but then were bailed out by the Senate parliamentarian, who ruled that the ballroom funding violated the arcane rules that govern reconciliation bills. Trump then demanded that Majority Leader Thune fire the parliamentarian, which he has not done.

The reconciliation bill doesn’t fund Trump’s corrupt “anti-weaponization” fund, which the Justice Department claims it can create with money from a fund previously established to pay settlements of lawsuits against the government. But there is no settlement in this case. Settlements are overseen by courts, and probably no judge would sign off on what Trump wants.

On May 20—the same day the parties’ jurisdictional briefs had been due—[the judge] issued an order formally closing the case. In her order, she noted that the Justice Department, which has an “independent obligation to uphold the ‘public’s strong interest in knowing about the conduct of its Government and expenditure of its resources,’” had “neither submitted any settlement documents nor filed any documents ensuring that settlement was appropriate where there was an outstanding question as to whether an actual case or controversy existed.”

So if it’s not in the bill, why is the fund a problem for Senate Republicans? The reconciliation process allows the opposing party a chance to offer amendments. Democrats are almost certain to propose an amendment saying that no federal money can be spent on the anti-weaponization fund, or perhaps just that no money be awarded to people who have been convicted of assaulting police officers or committing sedition against the United States. Since those are precisely the people Trump wants to reward, he will demand Republican senators vote against such an amendment. And how will they explain such a vote to their constituents?

That prospect set up a tumultuous private meeting between Republican senators and Acting Attorney General Todd Blanche, who is spearheading the anti-weaponization fund effort. Mitch McConnell came out saying this:

So the nation’s top law enforcement official is asking for a slush fund to pay people who assault cops? Utterly stupid, morally wrong — Take your pick.

The upshot was that the reconciliation vote wasn’t held before senators left for the Memorial Day recess. Whether any of this can be resolved after they come back in June is still up in the air.

Iran war. We’re now three months into a war that Trump insisted was won on the first day. He has never explained the goals of the war to the American people, and has never gone to Congress for authorization. He just wanted to attack Iran, so he did. Why does anybody need to know any more than that? The reasons he gives may shift from tweet to tweet, but why does that matter?

Democrats have been proposing resolutions to limit the war since it began, but Republicans have been holding them at bay. But defections on the Republican side have been building up, and a resolution asking Trump to withdraw American forces by the end of June looked ready to pass the House Thursday, forcing Speaker Johnson to delay the vote until after the Memorial Day recess.

Of course, Trump could veto that resolution even if it passes, and there aren’t nearly enough votes to override such a veto. So the legal effect of passing the resolution would have been nil. But putting the House on record opposing Trump’s war would be a big deal.

And eventually, Congress will need to appropriate some money to pay for all the bombs and missiles and military deployments. What will happen then?

Where are we? Opposed to the now-he’s-gone-too-far conventional wisdom is the Trump-has-a-floor view that his base of support is unshakeable. What seems to be true is something in between. The process of Trump’s fall should go something like this: He’ll lose the support of independents who voted for him in 2024 (which has pretty much already happened). Then Republican senators and congresspeople will peel off one-by-one, which has been happening slowly for several months. Then the drip-drip of leaking support will become a flood. Eventually, even previously fervent supporters will go silent, or forget that they were ever MAGA.

It won’t happen all at once. There’s even a chance that a deal-on-paper with Iran will reduce the pressure on the GOP congressional majorities to assert themselves, or that some fig-leaf concessions on the ballroom or the weaponization fund will allow the reconciliation bill to pass.

But the erosion is still happening. Long-term, I don’t think it can be stopped.

Is Corruption the Democrats’ Unifying Theme?

Maybe the reason the government is working so badly for you is that it works so well for him.


Ever since he came down the escalator in 2015, Donald Trump has posed a unique problem for his opponents: There’s so much to run against, how do you focus?

  • Maybe his ongoing attack on democratic governance and the rule of law is the most serious problem. But that can sound legalistic and abstract to a low-information voter. Harris tried to make democracy a major issue in 2024, and it didn’t get traction.
  • Maybe in the long run his gutting of the already-inadequate Obama/Biden response to climate change is the most serious thing. But there you run into a fossil-fuel-company disinformation campaign that has been going on for decades. Lots of Americans just don’t believe in climate change and don’t see why they should make sacrifices to head it off.
  • Maybe we need to turn around his “Promises Made; Promises Kept” slogan and point to all the reasons his supporters should be disappointed: Inflation is worse, not better. The deficit has gone up, not down. Tariffs and deportations haven’t opened up manufacturing jobs for Americans. Quite the opposite of exposing Epstein’s co-conspirators, his Justice Department has been helping hide them. Rather than curb wasteful government spending, he has pushed for expensive vanity projects like a billion-dollar ballroom and the Arc de Trump. After claiming that Harris would get us into another expensive war, he has gotten us into another expensive war.
  • Maybe we should push a class theme: Trump’s “Big Beautiful Bill” cut billionaire’s taxes and paid for it by cutting food and healthcare benefits for the working poor.
  • Maybe Trump’s personality is the problem: the constant lying, the childish insults, his mistreatment of women, and the way he demands a North-Korea-like level of praise from everyone in his administration. But Trump has a unique teflon-coating in this area. His over-the-top rhetoric channels the free-floating anger many voters feel.

I could go on. But if you don’t focus, if you catalog everything, you sound obsessive. Trump’s counter-narrative is that his critics have Trump Derangement Syndrome, an irrational urge to denounce anything Trump does. (The real TDS, in my opinion, is suffered by the Republicans who abandoned their previous principles to follow Trump: the libertarians who are now pro-autocracy, the deficit hawks who support both cutting taxes and fighting unnecessary wars, the religious leaders for whom Trump’s personal immorality doesn’t matter, and so on.)

The underlying problem is that everything is a distraction from everything else. Picking out one thing seems to imply that the others are acceptable. And that gets us squabbling among ourselves rather than uniting in opposition.

If only there were a theme that was unifying rather than divisive. Is there any aspect of the Trump regime that could serve as a trunk, with all the other objections as branches?

The Hungarian example. Péter Magyar faced a similar problem when he ran against Viktor Orbán, the neo-fascist autocrat of Hungary. Like Trump, Orbán had been an across-the-board negative influence on Hungarian society for many years. But as a result, the people who ought to oppose him did not form any coherent whole. So how could they be united behind a single party or candidate?

Magyar chose to focus on one central issue: corruption. And it worked.

Could it work for us?

Trump’s corruption. There’s a lot to work with here. To start with, there’s the bottom-line result: Trump’s net worth has skyrocketed since he got re-elected. Somehow, being president again has tripled his wealth in less than two years.

How? According to Forbes:

His cryptocurrency ventures, stalled out before the election, exploded after his victory, adding an estimated $1.8 billion to his fortune overall. Another $500 million came in court, where Trump’s legal team succeeded in eliminating a half-billion judgement against him. His once-dormant licensing business surged $400 million, as foreign developers clamored to do business with an American president.

Then there are the bribes channeled through lawsuits. For example, Trump filed a legally baseless lawsuit against CBS, but the parent company Paramount paid $16 million to the Trump Library to settle it — and got approval for its merger with Skydance. ABC had previously settled a similarly frivolous lawsuit for $15 million.

Then there are the indirect bribes, like Qatar giving a $400-million airplane to the Trump Library rather than directly to him, or the government contracts his sons are getting, or son-in-law Jared Kushner doing billions of dollars in private business ventures with the same governments he’s negotiating with for the United States.

This level of corruption has filtered down to his appointees, like border czar Tom Homan, who reportedly was taped taking $50,000 in a bag. (The investigation into Homan was quashed and Pam Bondi refused to answer questions about it in a congressional hearing.) Former DHS Secretary Kristi Noem reportedly commissioned her own “palace in the sky” for $70 million.

This week’s self-dealing. But it’s hard to find a more blatant example of corruption than Trump’s $10 billion lawsuit against the IRS. Supposedly, this is about the damage he suffered from having his tax returns leaked to the New York Times.

Bear in mind that all presidents since Nixon have released their tax returns voluntarily, for free, because the American people have a right to know how their presidents have been making money. Trump repeatedly had said he would release his returns, but always claimed there was some reason it couldn’t happen immediately.

Who knew that information was worth $10 billion?

Trump also has filed claims against the government for $230 million, concerning fantasized abuses of the investigations into his dealings with Russia and the successful FBI search of his Mar-a-Lago home. (Both were entirely justified. Most obviously the Mar-a-Lago search: Trump illegally kept classified documents after he left the White House and became a private citizen. He told the government he had turned everything in. But the FBI searched for additional classified documents and found them.)

So anyway, these are claims in which Trump as an individual is suing the government he heads. He is effectively controlling both sides of the process — literal self-dealing. In April, a federal judge objected, requiring both “sides” to write memos explaining how this suit belongs in an adversarial process, when the two sides are not adversaries.

Rather than do that, according to both ABC News and the New York Times, Trump planned to “settle” with himself, by using $1.7 billion of taxpayer funds to create a slush fund controlled by Trump that could be used to pay off anyone who claimed to have been damaged by the Biden administration’s “weaponization” of the Justice Department: For example, the violent criminals who assaulted police officers on January 6.

All weekend, the obviousness of this scheme created bad publicity for the Trump regime. But that didn’t stop him. This morning, Trump dropped the lawsuit and the slush fund got created.

How is corruption a unifying theme? Trump’s corruption deserves to be an issue in its own right. It’s unparalleled in American history. (Even past corrupt presidencies typically didn’t enrich the president directly. Grant, for example, wrote his memoirs as he was dying so that his widow could have some money to live on after he was gone.) Any of a dozen or so similar scandals would have sunk any previous administration. (Think about how the Republicans tried to spin Hunter Biden, and what small potatoes all that is compared to Jared, Eric, and Don Jr.)

But Magyar made corruption unifying like this: The government isn’t working for you because it’s not trying to. It’s trying to work for him.

Do you not see what you’re getting from the Iran War? You’re not supposed to. It’s not for you. Tariffs? That was about bullying foreign governments into cooperating with Trump; it was never about you. Inflation? Trump was too busy designing his ballroom (and making sweetheart deals with contractors) to worry about it. Climate change? The big money is with the oil companies, so who cares about your children’s future?

And finally there’s the democracy issue, which is famously difficult to package in a way that reaches the voters we need. To many, it all sounds like politicians fighting turf battles: Who cares about Trump defying court orders or usurping Congress’ power-of-the-purse? How does any of that affect me?

It affects you like this: What Trump has consistently done is bulldoze any power center in government that could stop him from stealing. That’s why there are no independent inspectors general in government departments any more. That’s why cabinet secretaries won’t answer questions in congressional hearings. That’s why he wants to pre-determine elections through gerrymandering and voter suppression. He’s taking power away from anybody who could call him to account for his corruption.

Phillips O’Brien’s “War and Power”

Why have predictions about recent wars gone so horribly wrong?


Ukraine. On February 21, 2022 — just three days before Russia began its full-scale invasion of Ukraine — Robert Kagan, a foreign policy specialist who had served in both Republican and Democratic administrations, wrote a forward-looking article in The Washington Post: “What we can expect after Putin’s conquest of Ukraine“. Kagan skipped over the oncoming war entirely, to the post-conquest aftermath, when Ukraine would “cease to exist as an independent entity” and be incorporated into Russia, which would now border four new NATO countries (Poland, Slovakia, Hungary, and Romania) in addition to the previous Estonia and Latvia.

Kagan’s view was a typical expert take on the military situation. Earlier that month, Chairman of the Joint Chiefs, General Mark Milley, told Congress that Kyiv might fall only three days into a full Russian invasion. After the invasion began, President Biden offered to evacuate Ukrainian President Zelensky, to which Zelensky famously replied “I need ammunition, not a ride.

If there would be any hiccup in this conquest at all, Kagan imagined, it could only be in the form of an insurgency after Russian troops overran the country.

Some analysts today imagine a Ukrainian insurgency sprouting up against Russian domination. Perhaps. But the Ukrainian people cannot be expected to fight a full-spectrum war with whatever they have in their homes. To have any hope against Russian occupation forces, an insurgency will need to be supplied and supported from neighboring countries. Will Poland play that role, with Russian forces directly across the border? Will the Baltics? Or Hungary? And if they do, will the Russians not feel justified in attacking the insurgents’ supply routes, even if they happen to lie in the territory of neighboring NATO members? It is wishful thinking to imagine that this conflict stops with Ukraine.

And yet, four years later, Ukraine is still resisting the Russian invasion — not as an insurgency, but as a nation with a free capital and territory under its control. Zelensky is still president, and still in Kyiv. Who will ultimately prevail in this war is still very much up in the air.

The kind of mistaken certainty military experts expressed prior to the first shots being fired in Ukraine is far from unusual. The United States was supposed to defeat North Vietnam and the Taliban. The Iraq War was expected to end quickly with a more clearly favorable outcome. The Soviet Union was bound to succeed in Afghanistan. China should have had no problem handling Vietnam. The Trump administration expected that the successful decapitation strike the US and Israel mounted against Iran at the end of February would bring the Tehran regime to its knees and end the war quickly.

None of that happened. But why didn’t it? And why did so many learned people think that it would?

Phillips O’Brien’s War and Power is an attempt to answer that question, and to apply that answer to the current rivalry between the US and China. (The book came out last October, before the attack on Iran.)

O’Brien deserves a certain amount of credit right now, because he did not think Russia would roll through Ukraine. In “The New Appeasement“, published in January, 2022, O’Brien wrote:

If we have relearned any lesson over the last two decades, it is that military operations are expensive, usually counterproductive, and with the constant possibility of going dangerously wrong for the richest and most advanced economies, let alone weak ones. … If Russia we actually stupid enough to attack Ukraine, it would tax their military in a way not seen since the Cold War ended.

Why did he see Russia vs. Ukraine differently? War and Power is a study of the factors that make for success in war.

Existing forces. Too often, O’Brien says, analysts focus on the immediately available resources of the two sides: number of soldiers, quantity and quality of equipment, and so on. They take those assets and use them in war games that play out various strategies. Often, those games produce some decisive outcome in a short period of time.

Actual wars, he argues, looking back at the wars of the last two centuries, seldom work out that way. All the nations entering World War I, for example, had war plans that resulted in some quick victory. None of those plans became reality.

What is likely to happen instead is that the war quickly chews up the resources that were available at the beginning: Soldiers get killed or wounded, equipment gets destroyed, and sometimes entire types of equipment (and the tactics that go with them) prove to be obsolete in the face of new realities. (The cavalry charge, for example, had to be abandoned due to machine guns. Horses that would have been the stars of a 19th-century battlefield became mere draft animals, and then lost even that role to trucks.)

So the outcome of a war winds up depending not just (or even primarily) on the resources available at the beginning, but on each side’s ability to replace their loses with new weapons developed to match the challenges the war has posed. This depends on the entire societies involved: How wealthy and technologically sophisticated are they? Do their populations have the will to keep fighting? Does the war engage the innovative abilities of the whole nation? What kind of allies does each side have, and what can those allies provide?

What O’Brien saw in Russia was a corrupt system in which units often did not have the equipment that existed on paper, and the equipment that existed in the real world often did not perform as designed. (My favorite first-days-of-the-war story was of a Ukrainian farmer on his tractor who found a broken-down Russian tank in his field. He offered to tow it back to Russia.) The Russian military had never fought against a determined, sophisticated foe, and had no experience organizing complex operations like the suppression of air defenses. Their command structure did not give lower-level officers the power to change tactics that weren’t working. Putin himself lived (and still lives) in an informational bubble, making decisions based on the facts that people aren’t afraid to tell him.

The result was that much of the Russian advantage in tanks an similar equipment was wasted. Poor logistical planning produced traffic jams on the few roads to Kyiv, making those tanks sitting ducks for air power that Russia was unable to suppress, as well as artillery and attacks from small units of Ukrainians. Ukraine’s army proved to be resourceful and creative. As the war has dragged on, Ukrainians have mastered the new warfare of drones, which pre-war analysts did not see coming. Ukrainians in the field knew what they were fighting for and were willing to do so, while Russians often did not and were not.

So here we are, more than four years later: Russia has taken enormous losses and still is no closer to victory. Putin’s stooge Trump has backed away from supplying the Ukrainians, but Europe has increasingly stepped up. The outcome is still in doubt.

National interest. O’Brien is also critical of geo-political analysis that focuses on “national interest” as an abstraction that denies the significance of choices made by leaders. The field has shied away from what it contemptuously calls the Great Man Theory of History in favor of larger forces that constrain leaders to follow certain paths.

But leadership matters. O’Brien points to the late 19th century, when Great Britain could have felt threatened by the rise of the United States, but chose not to. So leadership of the world crossed the Atlantic without without Americans and Englishmen needing to shoot at each other.

Throughout the world wars, the choices of leaders mattered, for good or ill. For example, in the late 19th century Britain sought an alliance with Germany, but Kaiser Wilhelm rejected the idea, forcing the British to ally with France and Russia instead. How World War I might have played out in a Britain/Germany world — or if it would have happened at all — is anybody’s guess.

O’Brien could not have asked for a better example of leadership choices than the Iran War that has played out since his book’s publication. Trump need not have torn up the agreement Obama had negotiated to restrain Iran’s nuclear program, and need not have gone to war at all. Even after choosing war, he could have stated clear goals and rallied the nation behind them, but did not.

So even as Iran endures massive destruction and casualties, it may well outlast Americans’ willingness to pay high gas prices.

China vs. the United States. The rise of China is the kind of development that doesn’t have to lead to war (see the US vs. Great Britain), but often does. An obvious flash point is Taiwan, which China covets and the US protects.

What will happen if we go to war?

The final chapter of War and Power applies the concepts O’Brien has been developing. He does his best not to sensationalize his conclusions, but I have a hard time seeing how the US wins this war (short of escalating to nuclear weapons).

Initially, he says, the US would have several big advantages: US equipment is generally more technologically advanced, and US forces have a lot of war-fighting experience, while Chinese troops and systems are largely untested (and didn’t do well when they fought Vietnam in the late 1970s). It’s hard to imagine the Chinese pulling off the kind of complex operation the US did to snatch Venezuelan President Maduro out of his own palace.

So a quick American knock-out is a possibility. But if the war lasts, the advantage turns: The Chinese are good at making stuff, and we aren’t any more. As planes are shot down, ships sink, and ammunition from bullets to missiles gets used up, the Chinese will replace their losses much more easily than we will. The productive advantage that won World War II for us might win the next war for China.

And in the Trump era, Americans have lost all sense of diplomacy. So could we count on South Korea or Japan to stand with us and make the things (like ships) that we no longer manufacture in any quantity?

In the end, the war might hang on the Taiwanese themselves. How badly do they want to stay independent? In both Vietnam and Afghanistan, we saw the fruitlessness of propping up an ally that doesn’t want to fight. Taiwan might prove as resilient as Ukraine. Or it might not.

What to do with a lawless Supreme Court?

Can democracy flourish, or even survive,
if two-thirds of the justices on the Supreme Court don’t believe in it?


[A previous version of this post didn’t load for some users, so I republished under a similar title.]

One of the great moments in American politics happened on March 15, 1965. It was barely a week since “Bloody Sunday“, when Alabama state police attacked civil rights demonstrators trying to cross the Edmund Pettis Bridge in Selma.

Police (and non-police actors like slave patrols or the Ku Klux Klan) had been beating up Black people for over 100 years, but this time it was on TV, where the whole nation could see it. Nonviolent protesters had brought the reality of oppression into the nation’s living rooms: White people could maintain their dominance, but only by being villains, by brutalizing people who posed no threat.

How would the nation respond?

President Johnson answered by addressing a joint session of Congress, saying these words in his White Texas accent:

There is no Negro problem. There is no Southern problem. There is no Northern problem. There is only an American problem. …

What happened in Selma is part of a far larger movement which reaches into every section and state of America. It is the effort of American Negroes to secure for themselves the full blessings of American life. Their cause must be our cause, too. Because it is not just Negroes, but really it’s all of us who must overcome the crippling legacy of bigotry and injustice.

And we shall overcome.

Johnson backed those words up by proposing the Voting Rights Act, which he signed into law a few months later.

Undoing that landmark piece of legislation has been the life’s work of Chief Justice John Roberts. Wednesday he finished the task.

Immediate and long-term perspectives The decision the Supreme Court released Wednesday, Louisiana v Callais (called just “Callais” in most media coverage), requires explanation both in an immediate and a long-term sense. Immediately, it blesses a practice the VRA was passed to eliminate: “cracking” minority communities and spreading them among multiple districts so that all (or nearly all) districts have a White majority. Or, looked at from the other side, Callais makes illegal the practice of intentionally gathering minority voters into a district where they might form a majority and elect a candidate of their own choosing.

Possibly immediately (if Louisiana can get away with the redistricting it now wants to do even after some absentee votes in its primary have already been mailed, and if other southern states can follow suit), but certainly by 2028, red states in the Deep South will redraw their maps so that maybe ten or so Black congresspeople are gerrymandered out of their jobs. By 2029, the congressional delegations of many Southern states may be as lily-white as they were before the VRA passed in 1965.

Bad as that outcome is, you can’t appreciate the full horror of this decision without seeing the larger context: Callais is the culmination of John Roberts’ 13-year program to repeal the VRA by judicial fiat, in contravention of the intention of the Congresses that passed it and kept renewing it. During those years, a series of corrupt decisions [1] have built on each other to get us where we are today: It is now hard to imagine any state action — no matter how racist — that could be reversed by bringing that state to court under the VRA.

In 2013’s Shelby County decision, Roberts threw out Section 5 of the VRA. Section 5 required a list of states with a history of Jim Crow election practices to get any changes to their election rules pre-cleared by the federal Justice Department. Roberts decided that this provision (which had been re-authorized by Congress as recently as 2006 and had been upheld in numerous Supreme Court precedents) violated the “equal sovereignty of the states”. He got around the precedential history by saying “things have changed dramatically” since the first version of the VRA was passed in 1965.

Here’s what I had to say about that at the time (in a piece I demurely titled “This Court Sucks“):

“Things have changed” is not a legal argument. It’s a fine point to make on a blog or at a dinner party, but a Supreme Court justice has to do better than that.

If Roberts were being a real judge here, he’d spell out what “equal sovereignty” has and hasn’t meant in American legal history. He’d enunciate an abstract standard by which Jim Crow was “exceptional” in 1965 and which justified the steps taken then. He’d explain how that standard was violated by the renewal of the VRA in 2006. And he’d lay down a set of conditions that Congress would need to satisfy to make the VRA acceptable today. (If you want to see what a real legal opinion looks like, read Justice Ginsburg’s dissent. Whether you agree with her or not, she is clearly doing something far more rigorous than what Roberts is doing.)

Roberts doesn’t do any of that. The VRA was vaguely justified in 1965 and is vaguely unjustified now, because “things have changed”. If I were a congressman, I would have no idea how to revise the VRA so that it passes constitutional muster. If Congress does revise it, lower court judges who rule on it will just be guessing about its constitutionality. It will have to go back to the Supreme Court before anyone knows whether it’s really a law again, because there are no standards in Roberts’ opinion by which a revision can be judged.

This isn’t law. It’s politics. It’s mush.

The mush has continued since. If Shelby County eliminated blocking racist election laws before they take effect, the Brnovich decision in 2021 made it harder to use Section 2 of the VRA to challenge such laws after they take effect. On a parallel track, the Rucho decision in 2019 said that partisan gerrymandering cases were “nonjusticiable”. In other words, partisan gerrymandering might be an unsavory practice, but neither the laws nor the Constitution give the courts power to do anything about it.

Sleight of hand. And that brings us to Wednesday’s Callais decision, written by Justice Alito. Once again, we are told that “things have changed”, so laws protecting minority voting rights are no longer necessary. [2] That sets up two legal sleights of hand: intent, and the confusion of partisan with racial gerrymandering.

One issue has run through the history of the VRA’s interpretation: Does the VRA only outlaw intentionally racist election practices? Or does it outlaw practices that have the effect of disenfranchising minority voters or diminishing their power, regardless of motive? The difference is important, because intent can be hard to prove in court. Many of the Jim Crow practices didn’t explicitly mention race: Poll taxes might be justified as a way to raise revenue, and the effect of discouraging poor people from voting, or the fact that Black voters are disproportionately poor — that might be portrayed as entirely accidental. Literacy tests might simply be a means of raising the quality of the average voter, unrelated to an educational system that favors White children. And so on.

This kind of thing was well understood even in 1965. [3]

As Justice Kagan explains in her dissent, the Court hobbled VRA enforcement by shifting to an “intent” interpretation in a 1980 decision. So Congress rewrote the VRA in 1982 to specify an “effects” interpretation. Alito denies that he is reinstating the “intent” view in contravention of Congress, but he is. He explicitly writes:

§2 of the VRA requires evidence giving rise to a strong inference of intentional discrimination.

The second sleight-of-hand makes use of the corrupt Rucho decision on partisan gerrymandering.

The upshot of Rucho was that, as far as federal law is concerned, a state legislature may use partisan advantage as a factor in redistricting. And litigants cannot circumvent that rule by dressing their political-gerrymandering claims in racial garb. Imposing liability “based on the racial effects of a political gerrymander in a jurisdiction in which race and partisan preference are very closely correlated . . . would, if accepted, provide a convenient way for future litigants and lower courts to sidestep our holding in Rucho that partisan-gerrymandering claims are not justiciable in federal court.” Alexander, 602 U. S., at 21. “Instead of claiming that a State impermissibly set a target Republican-Democratic breakdown, a plaintiff could simply reverse-engineer the partisan data into racial data and argue that the State impermissibly set a particular [racial] target. Our decisions cannot be evaded with such ease.”

Since intent is what matters, and a pro-Republican gerrymander looks just like a White-racist gerrymander, it’s impossible to prove racist (rather than partisan) intent. So the VRA’s protection against racial gerrymanders — effectively the last piece of the VRA still standing — is effectively dead.

But Kagan’s dissent calls Alito on his shenanigans:

[T]o its (modest) credit, the Rucho Court did not pretend that partisan gerrymanders were something in need of safeguarding. To the contrary, the Court conceded that they were “incompatible with democratic principles” and “lead to results that reasonably seem unjust.” (The Court’s rationale was only that federal courts lack competence to deal with gerrymanders, not that they were protected by law or beneficial as policy.) Today, though, the majority straight-facedly holds that the Voting Rights Act must be brought low to make the world safe for partisan gerrymanders. For how else, the majority reasons, can we preserve the authority of States to engage in this practice than by stripping minority citizens of their rights to an equal political process?

Rucho wrung its hands over partisan gerrymandering as a disreputable practice, and claimed only that the Court had no power to interfere with it. But now, Alito presents partisan gerrymandering as a state’s right, which Congress dare not impinge on and the Court is obligated to protect. There is, of course, no legal argument to back up that claim. It’s just how the Court’s Republican majority wants things to be, so Alito has slipped it between the lines. [4]

In fact, Alito has the logic exactly backwards: He says courts can’t throw out racial gerrymanders because they might accidentally throw out partisan gerrymanders. But the VRA says courts must throw out partisan gerrymanders if they have the same effect as a racial gerrymander. That’s the law as written, but under this Court, written law doesn’t mean much.

How to handle a corrupt court. Not long ago, when Democrats controlled the White House and both houses of Congress, some members of the party suggested expanding the Supreme Court to 13 justices, so that four new justices could outvote the corrupt Republican ones. This proposal never got close to implementation, because it was widely viewed as too radical. The party’s center saw raw exercises of power like that distasteful, as something dirty that we needed to keep clear of if we ever wanted to restore purity to our government.

In view of what Trump has been doing in his second term, and the increasingly aggressive partisanship of the current Supreme Court majority, that view now seems naive.

The purity viewpoint has already begun to change, as we have seen in the recent gerrymandering battle. Democrats could have clutched their pearls and held onto their purity as Texas made five Democratic seats in Congress vanish. But Gavin Newsom decided to fight fire with fire in California, and the state’s voters backed him up. More recently in Virginia, “centrist” Governor Abigail Spanberger made the same choice, and the electorate of her swing state agreed.

Legal purists worry about the Supreme Court losing authority if it is seen as just another political branch of government. But that’s what it already is, and public respect for it is waning, for good reasons.

We’ve been here before. In 1937, FDR called for a plan to expand the Supreme Court, which had been invalidating just about everything he tried to do. That proposal failed, in that it did not pass Congress. But it also succeeded in making the Court back off.

If Democrats take power again in 2029, a similar strategy is called for: Immediately pass legislation to restore voting rights, and to undo the other excesses of this corrupt Supreme Court. And have a court-expansion proposal ready to vote on if the Court tries to interfere.

The Roberts Court has become the enemy of multi-racial democracy. If we’re going to make up the ground that we’ve lost, and someday go beyond our previous accomplishments to achieve the democratic republic Americans have long envisioned, we’re not just going to have to overcome white supremacists or Republicans or oligarchs. We’re going to have to overcome a corrupt, partisan, racist Supreme Court as well.

And we shall overcome.


[1] I use the word corrupt carefully. It would be one thing if Roberts and the conservative majority that has been built around him professed some different-but-arguable legal theory that made the VRA unconstitutional or unenforceable. But I’ve been reading these decisions since Shelby County in 2013, and none of them make a recognizable legal argument. They are simply results that the Court majority wants. Josh Marshall explains:

In our thinned out political discourse people often use the term “corruption” to refer only to venal corruption – bribes, conflicts of interest mostly involving money, kept Justices like Clarence Thomas. That is neither the only nor the most significant form of corruption. In most cases venal corruption is significantly self-correcting. It gets exposed and prosecuted. The more general meaning of corruption is when a form of rot takes over an office or institution because of systemic and ingrained abuses of power. That is the case with the Supreme Court and it’s especially dangerous with the Supreme Court because a mix of history and restraint have left very few checks on its abuses. The Supreme Court is given specific powers to achieve specific ends. Over the last 15 years it has assumed vast new powers and used them consistently for anti-constitutional ends. Far from interpreting or defending the constitution it is at war with it.

[2] Justice Kagan’s dissent nails this perfectly:

So the majority moves on again, now to a grab-bag of “developments” that it somehow thinks license it to rewrite a statute. The majority first summons the slogan of Shelby County, in which the Court ordained itself the arbiter of when civil rights laws are no longer needed. “ ‘[T]hings have changed dramatically,’ ” today’s majority echoes, pointing to increases in African American voting registration and to the success of “ ‘African-Americans attain[ing] political office’ ”—“particularly in the South, where many §2 suits arise.” No doubt that is so, in large measure because of the Voting Rights Act. But it is a separate question whether those gains will endure once the Act’s protections are gone. See Shelby County, 570 U. S., at 590 (Ginsburg, J., dissenting) (noting the fallacy of “throwing away your umbrella in a rainstorm because you are not getting wet”). And surely—but apparently not—the proper actor to answer that question is Congress. … It is for the people’s representatives in Congress to decide when the Nation need no longer worry about the dilution of minority voting strength.

[3] Johnson said as much in his speech:

Every device of which human ingenuity is capable has been used to deny this right. The Negro citizen may go to register only to be told that the day is wrong, or the hour is late, or the official in charge is absent. And if he persists, and if he manages to present himself to the registrar, he may be disqualified because he did not spell out his middle name or because he abbreviated a word on the application. And if he manages to fill out an application he is given a test. The registrar is the sole judge of whether he passes this test. He may be asked to recite the entire Constitution, or explain the most complex provisions of state law. And even a college degree cannot be used to prove that he can read and write. For the fact is that the only way to pass these barriers is to show a white skin.

Experience has clearly shown that the existing process of law cannot overcome systematic and ingenious discrimination. No law that we now have on the books–and I have helped to put three of them there–can ensure the right to vote when local officials are determined to deny it.

So the VRA was designed to go beyond “the existing process of law”. That is precisely what Roberts, Alito, and their allies have undone, because (in their judgment and their judgment alone) “things have changed”.

[4] It’s tempting to give a pass to the Republican judges who didn’t write on this topic: Kavanaugh, Gorsuch, and Barrett. But they had to see the logical holes in this argument, and they then chose to vote for it without posting a dissent on any particular.

What to do about a lawless Supreme Court?

Can democracy flourish, or even survive,
if two-thirds of the justices on the Supreme Court don’t believe in it?


One of the great moments in American politics happened on March 15, 1965. It was barely a week since “Bloody Sunday“, when Alabama state police attacked civil rights demonstrators trying to cross the Edmund Pettis Bridge in Selma.

Police (and non-police actors like slave patrols or the Ku Klux Klan) had been beating up Black people for over 100 years, but this time it was on TV, where the whole nation could see it. Nonviolent protesters had brought the reality of oppression into the nation’s living rooms: White people could maintain their dominance, but only by being villains, by brutalizing people who posed no threat.

How would the nation respond?

President Johnson answered by addressing a joint session of Congress, saying these words in his White Texas accent:

There is no Negro problem. There is no Southern problem. There is no Northern problem. There is only an American problem. …

What happened in Selma is part of a far larger movement which reaches into every section and state of America. It is the effort of American Negroes to secure for themselves the full blessings of American life. Their cause must be our cause, too. Because it is not just Negroes, but really it’s all of us who must overcome the crippling legacy of bigotry and injustice.

And we shall overcome.

Johnson backed those words up by proposing the Voting Rights Act, which he signed into law a few months later.

Undoing that landmark piece of legislation has been the life’s work of Chief Justice John Roberts. Wednesday he finished the task.

Immediate and long-term perspectives The decision the Supreme Court released Wednesday, Louisiana v Callais (called just “Callais” in most media coverage), requires explanation both in an immediate and a long-term sense. Immediately, it blesses a practice the VRA was passed to eliminate: “cracking” minority communities and spreading them among multiple districts so that all (or nearly all) districts have a White majority. Or, looked at from the other side, Callais makes illegal the practice of intentionally gathering minority voters into a district where they might form a majority and elect a candidate of their own choosing.

Possibly immediately (if Louisiana can get away with the redistricting it now wants to do even after some absentee votes in its primary have already been mailed, and if other southern states can follow suit), but certainly by 2028, red states in the Deep South will redraw their maps so that maybe ten or so Black congresspeople are gerrymandered out of their jobs. By 2029, the congressional delegations of many Southern states may be as lily-white as they were before the VRA passed in 1965.

Bad as that outcome is, you can’t appreciate the full horror of this decision without seeing the larger context: Callais is the culmination of John Roberts’ 13-year program to repeal the VRA by judicial fiat, in contravention of the intention of the Congresses that passed it and kept renewing it. During those years, a series of corrupt decisions [1] have built on each other to get us where we are today: It is now hard to imagine any state action — no matter how racist — that could be reversed by bringing that state to court under the VRA.

In 2013’s Shelby County decision, Roberts threw out Section 5 of the VRA. Section 5 required a list of states with a history of Jim Crow election practices to get any changes to their election rules pre-cleared by the federal Justice Department. Roberts decided that this provision (which had been re-authorized by Congress as recently as 2006 and had been upheld in numerous Supreme Court precedents) violated the “equal sovereignty of the states”. He got around the precedential history by saying “things have changed dramatically” since the first version of the VRA was passed in 1965.

Here’s what I had to say about that at the time (in a piece I demurely titled “This Court Sucks“):

“Things have changed” is not a legal argument. It’s a fine point to make on a blog or at a dinner party, but a Supreme Court justice has to do better than that.

If Roberts were being a real judge here, he’d spell out what “equal sovereignty” has and hasn’t meant in American legal history. He’d enunciate an abstract standard by which Jim Crow was “exceptional” in 1965 and which justified the steps taken then. He’d explain how that standard was violated by the renewal of the VRA in 2006. And he’d lay down a set of conditions that Congress would need to satisfy to make the VRA acceptable today. (If you want to see what a real legal opinion looks like, read Justice Ginsburg’s dissent. Whether you agree with her or not, she is clearly doing something far more rigorous than what Roberts is doing.)

Roberts doesn’t do any of that. The VRA was vaguely justified in 1965 and is vaguely unjustified now, because “things have changed”. If I were a congressman, I would have no idea how to revise the VRA so that it passes constitutional muster. If Congress does revise it, lower court judges who rule on it will just be guessing about its constitutionality. It will have to go back to the Supreme Court before anyone knows whether it’s really a law again, because there are no standards in Roberts’ opinion by which a revision can be judged.

This isn’t law. It’s politics. It’s mush.

The mush has continued since. If Shelby County eliminated blocking racist election laws before they take effect, the Brnovich decision in 2021 made it harder to use Section 2 of the VRA to challenge such laws after they take effect. On a parallel track, the Rucho decision in 2019 said that partisan gerrymandering cases were “nonjusticiable”. In other words, partisan gerrymandering might be an unsavory practice, but neither the laws nor the Constitution give the courts power to do anything about it.

Sleight of hand. And that brings us to Wednesday’s Callais decision, written by Justice Alito. Once again, we are told that “things have changed”, so laws protecting minority voting rights are no longer necessary. [2] That sets up two legal sleights of hand: intent, and the confusion of partisan with racial gerrymandering.

One issue has run through the history of the VRA’s interpretation: Does the VRA only outlaw intentionally racist election practices? Or does it outlaw practices that have the effect of disenfranchising minority voters or diminishing their power, regardless of motive? The difference is important, because intent can be hard to prove in court. Many of the Jim Crow practices didn’t explicitly mention race: Poll taxes might be justified as a way to raise revenue, and the effect of discouraging poor people from voting, or the fact that Black voters are disproportionately poor — that might be portrayed as entirely accidental. Literacy tests might simply be a means of raising the quality of the average voter, unrelated to an educational system that favors White children. And so on.

This kind of thing was well understood even in 1965. [3]

As Justice Kagan explains in her dissent, the Court hobbled VRA enforcement by shifting to an “intent” interpretation in a 1980 decision. So Congress rewrote the VRA in 1982 to specify an “effects” interpretation. Alito denies that he is reinstating the “intent” view in contravention of Congress, but he is. He explicitly writes:

§2 of the VRA requires evidence giving rise to a strong inference of intentional discrimination.

The second sleight-of-hand makes use of the corrupt Rucho decision on partisan gerrymandering.

The upshot of Rucho was that, as far as federal law is concerned, a state legislature may use partisan advantage as a factor in redistricting. And litigants cannot circumvent that rule by dressing their political-gerrymandering claims in racial garb. Imposing liability “based on the racial effects of a political gerrymander in a jurisdiction in which race and partisan preference are very closely correlated . . . would, if accepted, provide a convenient way for future litigants and lower courts to sidestep our holding in Rucho that partisan-gerrymandering claims are not justiciable in federal court.” Alexander, 602 U. S., at 21. “Instead of claiming that a State impermissibly set a target Republican-Democratic breakdown, a plaintiff could simply reverse-engineer the partisan data into racial data and argue that the State impermissibly set a particular [racial] target. Our decisions cannot be evaded with such ease.”

Since intent is what matters, and a pro-Republican gerrymander looks just like a White-racist gerrymander, it’s impossible to prove racist (rather than partisan) intent. So the VRA’s protection against racial gerrymanders — effectively the last piece of the VRA still standing — is effectively dead.

But Kagan’s dissent calls Alito on his shenanigans:

[T]o its (modest) credit, the Rucho Court did not pretend that partisan gerrymanders were something in need of safeguarding. To the contrary, the Court conceded that they were “incompatible with democratic principles” and “lead to results that reasonably seem unjust.” (The Court’s rationale was only that federal courts lack competence to deal with gerrymanders, not that they were protected by law or beneficial as policy.) Today, though, the majority straight-facedly holds that the Voting Rights Act must be brought low to make the world safe for partisan gerrymanders. For how else, the majority reasons, can we preserve the authority of States to engage in this practice than by stripping minority citizens of their rights to an equal political process?

Rucho wrung its hands over partisan gerrymandering as a disreputable practice, and claimed only that the Court had no power to interfere with it. But now, Alito presents partisan gerrymandering as a state’s right, which Congress dare not impinge on and the Court is obligated to protect. There is, of course, no legal argument to back up that claim. It’s just how the Court’s Republican majority wants things to be, so Alito has slipped it between the lines. [4]

In fact, Alito has the logic exactly backwards: He says courts can’t throw out racial gerrymanders because they might accidentally throw out partisan gerrymanders. But the VRA says courts must throw out partisan gerrymanders if they have the same effect as a racial gerrymander. That’s the law as written, but under this Court, written law doesn’t mean much.

How to handle a corrupt court. Not long ago, when Democrats controlled the White House and both houses of Congress, some members of the party suggested expanding the Supreme Court to 13 justices, so that four new justices could outvote the corrupt Republican ones. This proposal never got close to implementation, because it was widely viewed as too radical. The party’s center saw raw exercises of power like that distasteful, as something dirty that we needed to keep clear of if we ever wanted to restore purity to our government.

In view of what Trump has been doing in his second term, and the increasingly aggressive partisanship of the current Supreme Court majority, that view now seems naive.

The purity viewpoint has already begun to change, as we have seen in the recent gerrymandering battle. Democrats could have clutched their pearls and held onto their purity as Texas made five Democratic seats in Congress vanish. But Gavin Newsom decided to fight fire with fire in California, and the state’s voters backed him up. More recently in Virginia, “centrist” Governor Abigail Spanberger made the same choice, and the electorate of her swing state agreed.

Legal purists worry about the Supreme Court losing authority if it is seen as just another political branch of government. But that’s what it already is, and public respect for it is waning, for good reasons.

We’ve been here before. In 1937, FDR called for a plan to expand the Supreme Court, which had been invalidating just about everything he tried to do. That proposal failed, in that it did not pass Congress. But it also succeeded in making the Court back off.

If Democrats take power again in 2029, a similar strategy is called for: Immediately pass legislation to restore voting rights, and to undo the other excesses of this corrupt Supreme Court. And have a court-expansion proposal ready to vote on if the Court tries to interfere.

The Roberts Court has become the enemy of multi-racial democracy. If we’re going to make up the ground that we’ve lost, and someday go beyond our previous accomplishmens to achieve the democratic republic Americans have long envisioned, we’re not just going to have to overcome white supremacists or Republicans or oligarchs. We’re going to have to overcome a corrupt, partisan, racist Supreme Court as well.

And we shall overcome.


[1] I use the word corrupt carefully. It would be one thing if Roberts and the conservative majority that has been built around him professed some different-but-arguable legal theory that made the VRA unconstitutional or unenforceable. But I’ve been reading these decisions since Shelby County in 2013, and none of them make a recognizable legal argument. They are simply results that the Court majority wants. Josh Marshall explains:

In our thinned out political discourse people often use the term “corruption” to refer only to venal corruption – bribes, conflicts of interest mostly involving money, kept Justices like Clarence Thomas. That is neither the only nor the most significant form of corruption. In most cases venal corruption is significantly self-correcting. It gets exposed and prosecuted. The more general meaning of corruption is when a form of rot takes over an office or institution because of systemic and ingrained abuses of power. That is the case with the Supreme Court and it’s especially dangerous with the Supreme Court because a mix of history and restraint have left very few checks on its abuses. The Supreme Court is given specific powers to achieve specific ends. Over the last 15 years it has assumed vast new powers and used them consistently for anti-constitutional ends. Far from interpreting or defending the constitution it is at war with it.

[2] Justice Kagan’s dissent nails this perfectly:

So the majority moves on again, now to a grab-bag of “developments” that it somehow thinks license it to rewrite a statute. The majority first summons the slogan of Shelby County, in which the Court ordained itself the arbiter of when civil rights laws are no longer needed. “ ‘[T]hings have changed dramatically,’ ” today’s majority echoes, pointing to increases in African American voting registration and to the success of “ ‘African-Americans attain[ing] political office’ ”—“particularly in the South, where many §2 suits arise.” No doubt that is so, in large measure because of the Voting Rights Act. But it is a separate question whether those gains will endure once the Act’s protections are gone. See Shelby County, 570 U. S., at 590 (Ginsburg, J., dissenting) (noting the fallacy of “throwing away your umbrella in a rainstorm because you are not getting wet”). And surely—but apparently not—the proper actor to answer that question is Congress. … It is for the people’s representatives in Congress to decide when the Nation need no longer worry about the dilution of minority voting strength.

[3] Johnson said as much in his speech:

Every device of which human ingenuity is capable has been used to deny this right. The Negro citizen may go to register only to be told that the day is wrong, or the hour is late, or the official in charge is absent. And if he persists, and if he manages to present himself to the registrar, he may be disqualified because he did not spell out his middle name or because he abbreviated a word on the application. And if he manages to fill out an application he is given a test. The registrar is the sole judge of whether he passes this test. He may be asked to recite the entire Constitution, or explain the most complex provisions of state law. And even a college degree cannot be used to prove that he can read and write. For the fact is that the only way to pass these barriers is to show a white skin.

Experience has clearly shown that the existing process of law cannot overcome systematic and ingenious discrimination. No law that we now have on the books–and I have helped to put three of them there–can ensure the right to vote when local officials are determined to deny it.

So the VRA was designed to go beyond “the existing process of law”. That is precisely what Roberts, Alito, and their allies have undone, because (in their judgment and their judgment alone) “things have changed”.

[4] It’s tempting to give a pass to the Republican judges who didn’t write on this topic: Kavanaugh, Gorsuch, and Barrett. But they had to see the logical holes in this argument, and they then chose to vote for it without posting a dissent on any particular.

Fixing the Asylum Mess

A bad process, but a good cause.


One of the first things President Trump did in his second term was to “declare that an invasion is ongoing at the southern border” and respond by directing “that entry into the United States of such aliens be suspended until I issue a finding that the invasion at the southern border has ceased.” His order also denied the right of migrants at the border or having entered the US to contest removal by applying for asylum.

A federal court previously found that the president had overstepped the bounds of his power, and Friday the DC Circuit Court of Appeals agreed.

we hold that the Proclamation and Guidance are unlawful insofar as they circumvent Congress’s carefully crafted removal procedures and cast aside federal laws that afford individuals the opportunity to apply and be considered for a grant of asylum or withholding of removal.

This topic is a bit messy to discuss, because several things are true at the same time.

  • Our laws about asylum exist for very good reasons.
  • Our current asylum process doesn’t work well and is open to abuse.
  • Processes established by law need to be changed by Congress, not by the President.

Why do we grant asylum? Asylum allows people escaping oppression in one country to seek refuge in another.

Any discussion of asylum needs to start with the voyage of the St. Louis, an ocean liner in the Hamburg-Amerika fleet. After Kristallnacht, many German Jews decided that it was not safe to stay in Germany. The St. Louis left Hamburg on May 13, 1939 with 937 passengers, nearly all of them Jews. The original destination was Havana, where many of the passengers hoped to wait until they could be granted admission to the United States. But the Cuban government allowed only 28 of them to land. The rest remained on the ship, which then tried to go to Miami, where the passengers were also denied entry. (Direct appeals to President Roosevelt went unanswered.) The St. Louis then returned to Europe. Britain, Belgium, the Netherlands, and France accepted most of the passengers, at least temporarily. But few managed to get out of Belgium, the Netherlands, and France before the Germans conquered those countries. Eventually, 254 of the St. Louis passengers died in the Holocaust.

Often when we look back at the Holocaust, we ask “Why didn’t more Jews leave while they could?” The answer is that many did try, but had nowhere to go. Hundreds of Jews who would ultimately die in the Holocaust made it as far as Miami’s harbor, but were sent back.

Much of the world made a Never Again pledge in response to the horror of the Holocaust. That sentiment got institutionalized in several international agreements, like the Convention on Refugees, the Convention Against Torture, and the Universal Declaration of Human Rights. The United States is party to all these agreements, and Congress has passed laws to implement the promises we made there. When the Trump regime announced that it would no longer accept applications for asylum, it was violating not only US laws, but the treaties we had signed.

What’s wrong with our asylum system? I’ll let the Trump regime make the case in its own words. Here’s Deputy Secretary of State Christopher Landau speaking to a UN conference in 2025:

I think now in the year 2025 – we’re a quarter of the way through the 21st century – we take a step back and we see that there are massive migratory flows taking place, and a lot of times massive amounts of people are claiming asylum. In our system at least, when these claims get adjudicated, 90-plus percent of people are found not to be eligible for asylum. And we all know this kind of abuse is happening, frankly. And people who are economic migrants are coming in, in our country, saying that they are – that they should be given asylum. Our problem is when you have hundreds of thousands of people who arrive all at once and claim this, that really requires an individualized adjudication.

So now, we are in a sense saying, okay, well, please, you take a number and we will be back for your individualized interview in six years. And in the meantime, people can live in our country legally. They can start – they might get married. They can work. And so in a sense the migration – the asylum system has become a huge loophole in our migration laws. And we just have to be realistic about this, right? And I think the UN has a responsibility – just as it was instrumental, I think, in encouraging countries to adopt these kind of laws, I think we have to be realistic that these laws are now being abused. And we have to just acknowledge that.

Now, this is a Trump official, and the Trump regime is famous for fudging numbers. So ignore some of Landau’s specifics, like the 90% and the six years. But here’s the liberal Brookings Institute saying something similar:

Further complicating the task of managing the southern border was an historic change in the nature and sources of unauthorized border crossers. During the final decades of the 20th century, most of such crossers were working-age young Mexican men. But during the current century, the mix shifted to families from Central America and beyond who sought asylum in the United States by claiming a “reasonable fear of persecution” in their country of origin.

The evidence suggests that most asylum seekers were fleeing poverty, lack of economic mobility, crime, and political disorder — all good reasons for leaving but these do not meet the standard for being granted asylum. Nevertheless, the law requires that asylum claims be assessed on a case-by-case basis, and as the number of cases rose sharply, the institutions responsible for adjudicating them were overwhelmed. During the past decade, the share of immigration cases resolved each year has fallen by half, and the backlog of pending cases rose from about 400,000 in 2013 to more than 3.1 million by the end of 2023. Few were held in detention for long periods; most were released into the U.S. with court dates far in the future, a policy that critics denounced as “catch and release.”

So the gist is: Yes, you’re poor and you long for the kinds of economic opportunity you might find in the US. But you’re not the future Holocaust victim our asylum laws were meant for.

The problem with a system like this is that once the problem becomes known, it gets worse: The swamped immigration courts result in longer delays, which encourage more people to apply even if they don’t have a good case. And that swamps the courts further.

What to do. Obviously, we need to process asylum cases faster. If we could do that, the motivation to file a flimsy asylum case would diminish, reversing the vicious cycle we’re currently in.

There are two ways to do this:

  • Create more immigration courts to work through the backlog faster.
  • Streamline the process so that each case takes less court time.

Each way has a downside: More courts require more money, and a streamlined process may not give asylum seekers a fair opportunity to present their cases. So a certain amount of care needs to be taken. But both are preferable to just shutting the door, as Trump wants to do.

In any case, the solution needs to take account of our treaty obligations and the laws Congress has already passed. And that means that Congress has to pass the solution; it can’t just be imposed by the President.

What stands in the way of a legislative solution is that Trump does not know how to make a win-win deal. He wants what he wants, and he wants to get it without giving up anything. But Democrats are going to want things too, like a path to citizenship for the Dreamers and limits on mass deportation. Congress is a place for compromise, and Trump hates compromise.

Partly that’s just him, but it also represents the people who elected him. In 2024, a compromise immigration bill was ready to go through Congress, but Trump urged Republicans to pull out of the deal so that he could have a better issue to run on against Biden or Harris. And before Trump, back in 2013 a carefully crafted bipartisan compromise passed the Senate before House conservatives rejected it. (Arguably, his role in crafting the compromise was what scuttled Marco Rubio’s presidential candidacy in 2016.)

Above all, we need to do something. There are still oppressive governments in the world and still people in need of refuge. When the next St. Louis liner arrives in Miami, we don’t want to turn it away.

Where the Gerrymandering Battle Stands After Virginia

Iran is not the only war Trump started, but appears to be losing.


Virginia became the latest state to gerrymander its congressional districts ahead of the midterm elections. Tuesday, a referendum to redraw the state’s maps passed by 3%, 51.5%-48.5%. The likely effect is to turn the current 6-5 Democratic majority in Virginia’s US House delegation into a 10-1 advantage.

Vox estimates that this result puts the Democrats one seat ahead in the redistricting battle that Trump started in Texas. Florida could still tip the balance in the GOP’s favor, but probably not by much. [1]

Prior to the current round, partisan gerrymandering had more or less balanced out: In 2024, Republican House candidates got a small majority of the votes and their party wound up with a small majority of the seats, as they should have.

Republicans have gone to court to prevent Virginia’s new map from taking effect. A circuit-court judge blocked implementation, but was overturned by an appeals court. The case goes to the Virginia Supreme Court today. The deadline for candidates to file to be on the ballot is May 26, so this process can’t take long.

Marc Elias writes in his Democracy Docket blog:

Republicans are asking the courts to throw out 3 million votes in an election that they lost.

For Republicans, democracy is nothing more than a word. 

They are content if every person who waited in line to vote or took time off from work to cast their ballot did it for naught. They seek a result that would mean that every election worker who worked the polls wasted their time. They want the people who knocked doors or canvassed on either side of this question to feel as though they have accomplished nothing.

Meanwhile, here’s how the so-called “liberal media” has covered this story.

When Trump started this battle by pushing Texas to redraw it already-gerrymandered maps, hoping to gain five Republican House seats, The Washington Post characterized Democratic opposition as a “freakout”, and reassured its readers that “What’s happening in the Lone Star State is not a threat to democracy.”

But here’s the Post editorial board’s response to the Virginia vote: “Virginia plunges America deeper into the gerrymandering abyss“. It characterized the referendum as “a power grab by Democrats”. The New York Times produced a similar spin, highlighting how “Democrats Once Loathed Gerrymandering. Now They’re Pushing for It.

But there’s no mystery here, and no hypocrisy to expose. AOC summed up the Republican reaction to the vote as “Wah, wah, wah” and explained the larger context:

Listen, Democrats have attempted and asked Republicans for 10 years to ban partisan gerrymandering. And for 10 years, Republicans have said no. Republicans have fought for partisan gerrymanders across the United States of America, and these are the rules that they have set.

One notable attempt to end gerrymandering was the For the People Act, which Nancy Pelosi pushed through the House, but Republicans filibustered in the Senate. AOC says that deal is still available. [2]

If Republicans decide that they would like to revisit a ban on partisan gerrymandering, I welcome them. We have the bill right here to end this all today. But they don’t want to, because they like pursuing and continuing to enact an unfair electoral landscape, and so we have an obligation to defend ourselves.

This obligation to “defend ourselves” represents a major change in Democratic tactics, beginning with Gavin Newsom’s aggressive response to the Texas gerrymander. Previously, Democrats had tried to cast themselves as the good-government party, avoiding the bad-faith tactics that Republicans have used to seek power. [3]

But perversely, joining Republicans in the gutter may ultimately work a good-government purpose. Now that Republicans realize they could lose too, perhaps a bipartisan consensus against gerrymandering will finally develop.


[1] All such estimates are iffy, because voters may not vote the same way they have in recent elections.

Gerrymandering works by spreading a party’s majority thin to stretch it over more districts. So a miscalculation could result in a previously safe seat flipping.

For example: Suppose a state has a 51-49 partisan majority. The majority party could gerrymander its congressional districts so that each district gives it the same 51-49 advantage, setting up the possibility that it could win all the House seats. However, even a small shift in the political winds could turn the situation around and give the other party all the seats.

This question arises particularly in Texas, where the new maps are based on the 2024 results. However, polls indicate that many Hispanics who voted for Trump in 2024 may regret their vote, or may not see themselves as Republican voters generally. So trying to gain five seats conceivably could result in losing a few seats the GOP had thought were safe.

[2] AOC might have added that liberal Supreme Court judges have tried to find gerrymandering unconstitutional, but conservative justices have supported it, arguing that district maps are a “political question” to be decided perhaps by the very legislatures that have been gerrymandered to lock in one-party rule.

A related court case should be decided soon: In Louisiana v Callais, the Court appears to be ready to drive the final nail into the coffin of the Voting Rights Act. Current interpretations of the VRA require states to draw a certain number of minority-majority districts, so that Black or Hispanic voters have a chance to elect congresspeople to represent their interests. Without this stipulation, a state could spread its minority populations across multiple districts and elect White-only congressional delegations. While this change would likely not take effect until the 2028 elections, it could result in as many as 15 Black House members in the South losing their seats.

[3] For example, Biden re-established the wall between the White House and the Justice Department that Trump had torn down in his first term. Arguably, Merrick Garland’s desire to end DOJ’s politicization is the reason that the Trump indictments appeared so slowly, which allowed him and the partisan Supreme Court to run out the clock.

Can Democrats gain from MAGA discontent?

Trump voters are beginning to regret their decisions. But that doesn’t automatically mean they’ll turn around. What Hungary can teach us about the full process.


MAGA discontent. A running theme of many articles the last few weeks has been MAGA dissatisfaction with Trump — something I at least had given up on ever seeing. The cause doesn’t seem to be any one thing, but the constant drumbeat of betrayal: protecting the Epstein perpetrators, making inflation worse, starting an expensive foreign war for no apparent purpose, profiteering off his government power, and so on.

I could list a dozen articles making these points, and you’ve probably seen a number without my pointing them out. But the most interesting to me was Patrice Mersault’s “I Lied My Way into a MAGA Focus Group” (parts 1 and 2).

In a nutshell, Mersault (a pseudonym taken from a Camus novel) kept getting rejected for focus groups when he (the Camus character is male, so I’ll use male pronouns) answered questionnaires honestly, so he created an imaginary MAGAt in his mind and answered as that character. He got in, with the idea that he would pretend to turn against Trump and see how many members of the focus group he could take with him.

Not a good plan, exactly. More of a concept of a plan. The idea was to blend in, say the right things, earn a little credibility, and then, at the right moment, turn. Say what I actually think. Disrupt the room.

But once the conversation moved past why everyone in the room voted for Trump—the familiar grievances: the immigrants, the stolen elections, the belief that cruelty is somehow a form of patriotism—the room didn’t behave the way I expected it to.

It turned out that the other 11 members of the group were fed up with Trump too, even though they had all voted for him three times. (I suppose we have to consider the possibility that Mersault’s entire account is a fiction, but I’ve decided to take it seriously.) Asked to give Trump a letter grade, the participants gave him six D’s and six F’s.

Why? Food and gas prices. The war. Worries about maintaining Social Security and Medicare. Lack of jobs. Epstein.

Who knows how they felt about Trump’s outrageous tweets and behaviors a year ago? But now that they were criticizing him, they didn’t like his manner either. The rudeness, the divisiveness, seeing everyone who doesn’t agree as an enemy. The sense that everything is about him. They didn’t try to defend it; instead, they brought up those criticisms themselves.

So far, so good. But Mersault points out that the voters themselves don’t seem to have changed. He characterized them at the beginning as having a vague and inchoate sense of grievance:

The sense that something had been taken from them. Or was being taken. Or was about to be taken any minute now, unless someone stepped in and stopped it.

The grievances manifested as discontent with a familiar set of issues:

The pandemic. The border. The economy. Woke culture. The various Democratic alternatives, all described with varying degrees of contempt.

None of that has reversed. Nobody had seen the light of liberal wokeness and was saying, “I see now that Black and brown immigrants really don’t do me harm” or “I guess transgender folks aren’t as different as I thought they were” or “Women and minorities do need some government protection”.

They had looked at Trump as “a tool”, someone who would fight back against the forces that they think are taking away their country and their future. They still have that sense of grievance, and they are still looking for a tool to break a system that they see working against them.

The question is: What will they do now? The focus group showed no enthusiasm for a Trump successor like Vance or Rubio. But what are their alternatives? Find some new hero? Stay home? Switch parties?

The Hungarian example. For years, the Orbán regime in Hungary has been a model for the American Right: Get into office and start changing the rules. Get control of the media. Corrupt the courts. Destroy the independence of the universities. Use government favors and regulations as carrots and sticks to make businesses line up with you. Gerrymander. Make voting easy for your voters but hard for opposition voters.

For a long time the Orbán program worked. But then it stopped. On April 12, Hungarian voters decisively rejected Orbán’s party, in such numbers that the tilted playing field couldn’t save him.

The opposition leader Peter Magyar did something American Democrats would like to do: He didn’t just raise dissatisfaction with the Orbán regime. (In fact, he didn’t have to, it was already there.) And he didn’t just get dissatisfied Orbán voters to stay home. He got some large number of those voters to vote for him.

Americans have been trying to read that election for clues about strategy. Maybe, after years of being a model of how a right-wing authoritarian regime rises, Hungary could provide an example of how a right-wing authoritarian regime falls.

The article I like on this topic is by a Hungarian lawyer and mother who blogs under the name Zsofi: “I Lived in Orbán’s Hungary. This Is What It Actually Takes to Bring an Autocrat Down.

She makes a few salient points about how Orbán came to power and stayed there: Hungarians were really fed up with the previous government, so Orbán represented a genuine uprising. And once he got into power and controlled the media, he made sure that every potential opposition leader was “pre-smeared”. Simply proposing to run so-and-so evoked a reaction of “Oh, not him again.”

But Magyar came from nowhere and represented no previous political movement.

Magyar Péter broke this because there was nothing to work with. He was, until early 2024, essentially unknown — a private citizen with no political career, no failed government, no scandal that could be weaponized. When the attacks came, as they did immediately and ferociously, they simply didn’t stick. Not because he was beyond criticism, but because what was said about him was, from the beginning, simply false. Without a kernel of truth at the center, the whole construction kept collapsing. Voters could feel the difference, even when they couldn’t articulate it. …

He also did something that sounds simple and is extraordinarily hard: he showed up. Over two years, he visited more than 700 settlements, some of them six times. Exhausting just to watch: the energy he put into it was extraordinary. He went to places the opposition had never reached, and talked to people who had never heard an alternative from someone standing in front of them, looking them in the eye. You cannot fact-check someone out of a worldview. But presence, over time, creates the conditions where doubt becomes possible. That is slower and less satisfying than a viral moment. It is also what actually works.

She identifies two deadly ideas: that the regime is inevitable, and that society is irreparably broken into two enemy camps.

The [authoritarian] method is consistent everywhere it has been deployed. Find the genuine fault lines in a society: urban versus rural, educated versus working class, the people who feel left behind versus the people who seem not to notice. Pry those lines open. Make sure every election is a referendum on identity and culture rather than on whether the pension is adequate or the hospital is functional. Keep the two halves of society furious at each other, convinced the other half is the enemy, and make sure your coalition is always the slightly larger half. The culture war is not a byproduct of this politics. It is the mechanism.

Like Trump, Orbán had no authentic convictions.

This is worth understanding, because it changes what you’re actually fighting. You are not fighting a true believer. You are fighting a machine that is very good at finding the line that divides society just enough – and parking itself on the larger side of it.

And this seems like the key point:

The grievances that get exploited are real – that is what makes it work. The sense of being left behind, of being looked down on, of watching your children leave and not come back – that is not manufactured resentment. It is legitimate. The autocrat does not invent it. He finds it, names it, and then aims it in a direction that serves him rather than the people experiencing it. … You cannot say that grievance doesn’t exist because it doesn’t affect you. The autocrat has a ready-made answer for it – simple, emotionally satisfying, and wrong. The alternative is to have a better answer, not to pretend the question isn’t being asked.

The opposition also has to avoid “the performance of contempt”.

The moment you hate your fellow citizen more than you hate the system that is robbing you both, the system has already half-won. … The lesson, though, is not simply that these systems can be beaten. It is about how. You cannot win by playing from their script. The moment you accept their frame – that your society is divided into two enemy camps, one good and one irredeemably wrong – you have lost something you won’t easily recover. The autocrat wins not just when he stays in power, but when he gets you to see your neighbor as your enemy. When the hatred flows horizontally, between citizens, rather than upward, toward the people actually responsible.

The alternative is simpler and harder to hold onto: we belong to each other. We love the same country. We want it to be better. We disagree -sometimes bitterly, sometimes irreconcilably- about how. That disagreement is not a war: it is politics, it is normal and it is supposed to happen.

What I learned in Europe. I spent the first week or so of April on a Viking Danube cruise. I went to Prague, Nuremberg, Vienna, Budapest, and a few other places. I walked through a lot of museums and talked to a lot of tour guides, but I’m going to resist the temptation to claim that I’ve become some kind of expert on Central Europe. I speak only a smattering of German, and no Czech or Hungarian at all. Most of the locals I spoke to (in English) probably aren’t typical or representative. So don’t interpret my trip as some kind of research project. I certainly don’t.

But the Danube trip did give me a good opportunity to meditate on America, and to see patterns in other societies that I should have recognized in my own.

On a walking tour of Prague, we eventually wound up at the castle that had been the seat of the German-speaking Habsburg emperor for a number of years around 1600 or so. The castle itself goes back well into the Middle Ages. While recounting some medieval transfer of power, the guide said, “And that was the last of our kings who spoke Czech.”

That sentence stuck in my mind. One perpetual theme of MAGA influencers is that the ruling elite (whoever you might imagine them to be) don’t understand ordinary Americans. That, they claim, is how you wind up with affirmative action programs and men playing women’s sports and vaccine mandates.

But in Czech history, that sentiment is literal: The kings can’t understand the ordinary people, because they don’t speak Czech. After the Habsburgs fell in 1918, there was briefly a Czechoslovakian democracy. But that fell into dictatorship, and then the Germans took over, and then the Russians. Today, the Czech Republic governs itself, but the transnational European Union is always looking over its shoulder. Czechs are probably fairly suspicious of this, and maybe that’s why they’re one of the few EU nations that don’t use the euro.

When I tried to imagine myself as a small-town Czech nationalist, I looked at Prague with great suspicion. The whole city is subtitled in English for the benefit of travelers. Lots of shops and other businesses seem not to have a Czech name at all. Places that ought to be sacred to Czechs (like that castle complex) are barely accessible, because they’re overrun with tourists speaking every known language. I might question whether Prague is Czech at all any more; it seems a lot like Czech territory occupied by some globalist empire.

That vision gave me a new appreciation of MAGA in America. There is real grievance in rural and small-town America, something I’ve written about before. It’s a sense that the place you live, which is maybe the place you grew up, has no obvious path into the future. The jobs are leaving, the talented young people are leaving, and there seems to be no end to it.

If that were the whole grievance, though, rural and small-town anger might focus where it really belongs: on the big corporations who rig the system in their favor and don’t care where they build things; and on the billionaires who get big tax breaks and leave no money behind for schools and roads and local investment. But laid over the economic grievance is a sense of dislocation: The America I grew up in isn’t just endangered, it’s already gone in lots of places. This gets you to the demonization of immigrants and people whose lifestyles diverge from what was socially acceptable in the past.

So often, when I run into conservatives obsessed with culture-war issues, I want to ask “Why do you care?” If someone with a penis wants to wear skirts and makeup and start using a name like Susan, what’s it to you that you should feel so incensed about it? If two men or two women want to marry, and to live a life not all that different from the one you live with your opposite-sex spouse, how are you harmed?

The dislocation theory makes sense of this. They aren’t harmed in any material sense, but the culture-war issues are symbols of their grievance: This is not their world any more. They used to know how they (and their children and their communities) could thrive, but now they don’t. The culture-war issue isn’t itself a grievance, but they’ve been trained to see it as a signpost pointing to grievances.

It also explains the hostility to cities. The new world, the world where they don’t belong and can’t succeed, has already taken the cities. The cities are territory occupied by a globalist empire.

It also explains the conspiracy theories. When you feel something, any story that explains and justifies the feeling seems plausible. Fact-checking the narrative doesn’t affect that sense of plausibility.

Progressive vs. centrist. At least since the Clinton administration, conflict has been raging between two theories of why Democrats lose and how they can win. The centrist theory says that Democrats lose when they become too liberal and alienate moderate swing voters. The progressive theory says that Democrats lose when they seem inauthentic and fail to give voters a clear new vision of where the country should go.

When they actually get into office, though, the two kinds of Democrats agree on a great deal. Centrists want to focus on proposals that are immediately achievable, while progressives see those same proposals as first steps on their path into the future.

Both factions want to spin current events in their favor. But if I take the lessons of Mersault and Zsofi to heart, I think both framings miss the point: what the reachable voters are looking for is not fundamentally a more liberal or conservative policy. They’re looking for authenticity and for someone they can trust. They want candidates who care about them enough to show up, to learn what they care about, and to speak to them as if they were intelligent people with real concerns. If you do that, you can get away with taking some principled stands they disagree with.

Look at candidates who are surviving or even thriving in what should be hostile environments. Andy Beshear is popular in Kentucky, but he still gets away with vetoing an anti-trans-rights bill. (“My faith teaches me that all children are children of God and Senate Bill 150 will endanger the children of Kentucky. … I heard from children that believe this bill is picking on them, and asking — in many ways — why? I told them that I was going to show them that there is at least one person in Frankfort that cares for all of our children in the commonwealth, no matter what.”) In Texas, James Talarico’s Christianity takes him different places than MAGA Christianity does, but so far he hasn’t compromised his vision. Jon Ossoff is doing well in Georgia, largely because of his way of speaking in terms voters identify with. (Listen to him make the case against Trump’s corruption.) Pete Buttigieg isn’t currently running for anything, but he goes into enemy territory (like Fox News) and holds his own — and not by throwing unpopular Democrats or Democratic constituencies to the wolves.

Of course Democrats, like all politicians, should focus on their popular positions. But they should put themselves in positions to be challenged on unpopular positions, and they should be ready to defend those positions in easily understandable terms, tracing them back to core values that are widely shared, or at least widely appreciated. They need to answer criticism without denigrating the critic.

Most of all, Democrats need to send the message that they will look out for the country, and not just for their own voters.

The moment you hate your fellow citizen more than you hate the system that is robbing you both, the system has already half-won.

But the right path is not to pander to those you disagree with, but to address them honestly, intelligently, and respectfully

Disagreement is not a war: it is politics, it is normal and it is supposed to happen.

Notes on yet another week of war

With no goal to achieve, it’s hard to see how this ends.


Two weeks ago, I opened the weekly summary with a quote from the Roman philosopher Seneca: “If one does not know to which port one is sailing, no wind is favorable.” That continues to be the story of the Iran War. When reporting on the “success” of the war so far, SecDef Pete Hegseth talks about destruction:

During the briefing, Hegseth said the U.S. has struck more than 7,000 targets in Iran, wiped out its submarines and has “crippled” the nation’s military ports. “We are hunting them down methodically, ruthlessly and overwhelmingly like no other military in the world can do,” Hegseth said. “Today will be the largest strike package yet.”

When asked what the war is about, he lists all that we will destroy:

The mission of Operation Epic Fury is laser-focused: Destroy Iranian offensive missiles, destroy Iranian missile production, destroy their navy and other security infrastructure – and they will never have nuclear weapons.

But only that last point “they will never have nuclear weapons” is a strategic goal, and the destruction Hegseth glories in does not lead to that goal in any clear way. The ayatollahs remain in power. Iran continues to have uranium it could enrich and oil it can sell to raise money. Given all that, a nuclear program could resume whenever the bombing stops, no matter how much rubble Iran will need to clear away.

In The Big Picture, Jay Kuo references another classic strategist, Carl von Clausewitz.

Clausewitz’s seminal work, On War … instructs that military force should never be an end in itself. War is the “continuation of politics by other means.” Military aggression, in Clausewitz’s view, must therefore always be in service of a political objective. Once a military campaign loses sight of that goal and focuses only on battlefield success, the real war is already lost.

Modern American military failure is largely a study in ignoring that warning.

Kuo recalls Vietnam, which I have also been thinking about. (Yes, I’m that old.) Hegseth’s predecessor Bob McNamara convinced himself that we were winning the war using statistics like body counts. Even if you believed the counts were accurate, McNamara didn’t seem to realize that we couldn’t win the war by killing more of their soldiers than they killed of ours. Killing the enemy is never an end in itself.

Same thing here. Iran’s regime doesn’t need to shoot down our planes or sink our ships to win this war. It just needs to survive, and so far, it’s surviving. By closing the Strait of Hormuz and raising the world price of oil, Iran is inflicting pain on the American consumer. Yes, our aerial bombardment is inflicting far worse pain on Iranians. But Iranians know what they’re suffering for and we don’t. It’s not at all obvious that they will demand an end to this war before we do.

This week, the Trump regime continued the pattern of saying many contradictory things at once. They seem confident that the MAGA faithful will decide to believe whichever one they want and be encouraged accordingly.

And so Trump asked for allies to help open the Strait of Hormuz (which none of them gave; I wonder why), then said we don’t need any help, then threatened to walk away from the whole situation because we don’t need the Strait. He says the war is winding down, but also sent more Marines to the area and threatened to obliterate Iran’s power plants if they don’t open the Strait within 48 hours — a deadline that would have passed sometime this evening, but then he extended his deadline until Friday in response to “very intense discussions” with the Iranians (which the Iranians deny).

Oil prices dropped and stock prices rose this morning, because traders still take Trump’s statements seriously, no matter how many times they amount to nothing.

Regardless of what any of the parties say about their intentions, the war is escalating. The early strikes were aimed primarily at Iran’s leadership, and they succeeded in killing not only the supreme leader, but many of his top deputies. Military targets came next (with an occasional misfire producing civilian casualties). But those strikes left open the possibility that new leadership could command a viable country with a viable economy.

Then Wednesday, Israel attacked the South Pars gas field and Iran countered.

Iran attacked the world’s biggest liquefied natural gas complex in Qatar, targeted a gas field and facility in the United Arab Emirates, fired missiles and launched drones on a Saudi Arabian oil refinery and on two Kuwaiti gas units on Thursday, following Israel’s bombing of Iran’s South Pars gas field a day earlier.

Now Trump is threatening Iran’s power plants, which is a direct attack on the civilian economy.

In any conflict, Trump only knows two moves: escalate or walk away. His reputation as a deal-maker is a bad joke; he has no idea how to make deals. As I have predicted before, Trump will keep escalating until Iran surrenders, and Iran won’t surrender. So I see no limit on how far this goes. But Paul Krugman confesses that at this point, he doesn’t know what to do either:

I have no idea how this ends. I don’t even know what I would do at this point. I mean, take a time machine and go back and not do this, but now it’s going to be really, really ugly.

So having started this note with one quote from and ancient Roman, let’s close it with another. In The Histories, Tacitus wrote:

As so often happens in these disasters, the best course always seemed to be the one for which it was now too late.


The Iran War is turning out to have significance for military theory.

Back in 1936, the Spanish Civil War was far more than just a competition between fascist/catholic forces and democratic/communist forces. It was also a preview of the new warfare that would come into its own in World War II.

Ukraine is playing the role of Spain this time around. Russia began the war by attempting a World-War-II style blitzkrieg that aimed to put tanks in Kiev in a few days. It failed, and now, four years later, the war has turned into a drone-vs-drone battle in the near-ground air.

The current Iran War is a second chapter in this story. At the heart of the new warfare is a battle of resource attrition: Drones that cost thousands of dollars can destroy tanks and ships worth millions, and the Iron-Dome-style missiles that intercept drones also cost millions.

We may run out of expensive interceptor missiles before Iran runs out of cheap drones.


Everyone focuses on how closing the Strait of Hormuz affects the world’s oil supply. But it similarly affects the world’s fertilizer supply. Paul Krugman explains:

The reason we are getting fertilizer, mostly from Qatar, is that the fertilizer is made … from natural gas. Natural gas can be exported, is exported, in large quantities from the Persian Gulf, or was until this war began. That’s expensive. You have to super cool it and liquefy it and ship it out through special terminals and special ships.

And, you know, it can be done and it’s become really critical to a large part of the world. But the other thing you can do with the natural gas that’s available in the Persian Gulf area is convert it into fertilizer, which is a lot easier to ship. And so a lot of the world’s fertilizer turns out to come from that area and normally get shipped through the strait.

You can already notice the price of gas rising. But it might not be until fall that you notice the price of food rising.

The Longer View

Ever find yourself watching Trump officials and thinking “What’s wrong with those people?” Three writers offer their answers.


We’ve known for a long time that the Trump administration works on a flood-the-zone theory: Do so many outrageous things simultaneously that the American People have a hard time comprehending them all, much less organizing a response. Are they disenfranchising large numbers of voters? Never mind that, ICE is murdering US citizens on the streets of Minneapolis. Want to do something about that? That’s yesterday’s news; the Epstein files are hiding evidence of billionaire pedophilia. Concerned about that? Never mind, we’re in a war now. On and on.

Further impairing our comprehension is the barely explicable attitudes central figures in the administration take. Again and again, before I can even get to the policy content of some statement, I have to deal with my first response: What is wrong with these people?

Saturday NBC reported:

Trump said he was “surprised” that Iran decided to attack other Middle Eastern countries in response to the U.S.-Israeli operation, and that U.S. strikes on Kharg Island on Saturday “totally demolished” most of the island but that “we may hit it a few more times just for fun.”

Fun? Trump is having fun killing people and watching his own people die? What’s wrong with him?

Just about any appearance by Secretary of War Defense Pete Hegseth includes a what’s-wrong-with-him moment. Friday during a press briefing about the Iran War, he said there would be “no quarter, no mercy for our enemies“. [Note the web site that link is on: war.gov] Just Security posted an article by Danial Maurer, a former Army JAG who has taught at West Point. Maurer imagined the memo a Pentagon legal counsel should have sent to Hegseth in response: It points out that “no quarter” is a war crime. The phrase refers to the ancient practice of killing opponents even if they try to surrender.

Maybe Hegseth intended to threaten war crimes and encourage his underlings to commit them. Or maybe he was just blabbing — saying a bunch of tough-sounding words without knowing what they mean. Either way: What’s wrong with that guy?

Trump gave his whole cabinet shoes identical to his own favorites, and “everybody’s afraid not to wear them.” For some reason he made Marco Rubio’s way too big. And Rubio wears them. Our Secretary of State attends important gatherings in clown shoes. What’s wrong with him?

Pam Bondi blew off questions from Congress about DoJ’s failure to interview survivors of Jeffrey Epstein’s crimes by pointing to the stock market:

The Dow is over 50,000 right now. … That’s what we should be talking about.

I was listening to that hearing live, and I had trouble even getting to the policy implications of her statement. Because all I could think was: “What’s wrong with her? What kind of human being thinks like that?”

Why are all these people so cruel, insensitive, self-centered? so devoid of qualities that we expect not just from leaders but from ordinary people?

Most of us don’t have the time or the presence of mind to step back and try to answer that question. But a few recent articles have been written by people who do.

The most interesting to me is “The Problem of Pathocracy” by Dr. Steve Taylor, which was published by The Psychologist, a journal of the British Psychological Society. It’s a recent article, but the theory it presents goes back to the pre-Trump era. Polish psychologist Andrzej Lobaczewski, who experienced both Nazi and Communist regimes, coined the term pathocracy decades ago.

As he put it, pathocracy is a system of government ‘wherein a small pathological minority takes control over a society of normal people’. Since he was living under a ‘pathocratic’ regime himself, Lobaczewski took great risks studying this topic. He was arrested and tortured by the Polish authorities, and unable to publish his life’s work, the book Political Ponerology, until he escaped to the United States during the 1980s.

According to Lobaczewski, the transition to pathocracy begins when a disordered individual emerges as a leader figure. While some members of the ruling class are appalled by the brutality and irresponsibility of the leader and his acolytes, his disordered personality appeals to some psychologically normal individuals. They find him charismatic. His impulsiveness is mistaken for decisiveness; his narcissism for confidence; his recklessness for fearlessness.

Soon other people with psychopathic traits emerge and attach themselves to the pathocracy, sensing the opportunity to gain power and influence. At the same time, responsible and moral people gradually leave the government, either resigning or being ruthlessly ejected. In an inevitable process, soon the entire government is filled with people with a pathological lack of empathy and conscience.

The first Trump administration included a large number of relatively “responsible and moral” people with conservative political views: Mike Pence, Rex Tillerson, Jim Mattis, John Kelly, and so on. But by the end of that term, all but Pence had been fired or resigned under pressure, and Pence was persona non grata after he failed to join Trump’s coup attempt in 2021. And so, as Lobaczewski predicted, we are left with a government “filled with people with a pathological lack of empathy and conscience”.

Not only is Trump’s sociopathy enabled by such people, they are drawn to him. He gives them permission to be what they always wanted to be. We can see the same process working on a larger scale: Across the country, people don the red hat because it lets them insult and abuse the kind of people they have always hated.

That leads to a second article: “Polarization and Strife” by A. R. Moxon on his blog The Reframe. That article was originally written in 2022, but Moxon reposted it this week because of its relevance to recent events.

This article flips the script on the word polarization. People complain about how polarized our society has gotten: Friendships are ending and relatives become estranged because of political disagreements.

But Moxon calls attention to a different kind of polarization, one that has always been with us: polarization between the comfortable and the marginalized, “gay or bi or trans or nonbinary, Black or brown, Muslim or Jewish or Sikh or Hindu, or undocumented, or disabled, ill, neuroatypical, impoverished, or unhoused people, and many others, too”.

The “unpolarized” world so many people are nostalgic for is one where the marginalized could be safely ignored. You could say words like bitch and faggot and nigger and retard, because all the comfortable people agreed that those marginalized groups don’t matter, and members of the groups themselves had been intimidated into silence. So you could insult or abuse marginalized groups openly, and no one would call you on it. But today you can’t even do it if you’re just joking, because nobody has a sense of humor any more.

Moxon looks at this not as polarization, but as solidarity: More and more comfortable people are feeling empathy for the marginalized and refusing to watch passively as they’re abused.

Consider the idea that treating certain people as if they don’t matter enough to care about their dignity and their lives—and doing this so thoroughly and effectively that society treats them as if they are nonexistent and disposable—creates a much deeper polarization than any fight over the holiday dinner table or on the airwaves over whether or not it’s good to do so.

And: the more peaceful that subjugation, the greater the polarization.

Consider a corollary, that as people stop going along with this unnatural injustice, it will decrease the peace of that subjugation; will increase resentment and strife, for as long as there are people still willing to fight to subjugate others.

But the strife isn’t polarization. It’s distressing, but it’s not polarization. The strife is the first early sign that we might be willing to stop being polarized by bigotry and injustice.

The third article I want to call your attention to is “The Most Divorced Men in History” by Andrea Pitzer, published on her blog Degenerate Art. Pitzer focuses on the weird affect of so many people in the Trump administration. Past administrations have at times had cruel policies, but they usually seemed apologetic about it: We don’t want to hurt anybody, but there’s this greater good to weigh the suffering against.

Trump’s people, by contrast, seem genuinely gleeful about the harm they can do. Stephen Miller, for example, appears to glory in the distress he causes immigrant gardeners and farm workers and healthcare aides. Greg Bovino gave a swaggering style to the ICE thugs who terrorized Minneapolis. Elon Musk seemed joyful and pleased with himself as he slashed programs to feed hungry people and inoculate children against infectious diseases. In the end, he caused vast numbers of deaths and didn’t even save the government money, but he appears untouched by the kind of regret the rest of us feel when we tap a stranger’s bumper in a parking lot.

Pitzer goes out on a limb and associates this kind of high-level viciousness with a phenomenon she sees in everyday life: divorced-guy energy.

What do I mean by “divorced guys”? I mean that they all have the energy of the man who won’t stop talking about the woman who left him and what a monster she is, with the clear implication that her mistreatment of him was entirely undeserved.

Several examples of this personality type exist in the right-wing influencer universe. In some cases, as with incels, the guys haven’t even been left by a partner yet, but they already speak about punishing women or restricting their rights as if the other sex has already betrayed them. In other cases, as represented by Andrew Tate, the men advocate the active physical and psychological abuse of women as a group as a means to power in a physical hierarchy in which men are supposed to dominate by default.

But the heart of divorced-guy syndrome in the U.S. today is the Trump administration. I mean that metaphorically, in which we see variations on the “divorced guy” energy of the podcasters, blaming women or assigning them very subservient roles. But I also mean it literally. The administration is filled with people who’ve had literal and often bitter divorces, and who seem to be tapping into some kind of primordial hatred of women that fuels their current work. Think Donald Trump. Or Russell Vought. Or RFK Jr. Or Pete Hegseth. I have no idea whether their issues actually rose out of their relationships with their moms, but they have played out through adult relations with women that have often ended in divorce.

Like Lobaczewski, Pitzer is pointing to the prevailing spirit in an administration, not something that affects each member individually. A few Trump officials, like Miller and Bovino, seem not to have experienced a literal divorce. And Pam Bondi and Kristi Noem are not even guys. But the administration as a whole accounts for a fairly large number of divorces, starting with Trump’s two-and-counting.

I would like to propose that the seething root of resentment that typically fuels these men is hatred of women. We are also witnessing tidal waves of racism and homophobia and disdain for the poor, but I have come to wonder if misogyny might not only sit alongside the rest but might even undergird the whole thing.

Patient zero in their hate, more often than not, is a woman each resents. The later targets might well be people who want simply to be treated as human that they refuse to treat as human because they need more targets for their fury. So instead, they come to feel they have been attacked by the actions or even the existence of minority groups. They direct their same kind of fury against those groups as they do the women they’re mad at.

She mentions Hillary Clinton as an example of a woman MAGA can’t stop hating, no matter how long she has been out of the public eye. More recent examples include AOC and the other members of “the Squad”.

Pitzer references an article by Maleah Fekete in the journal Rural Sociology, about risk-taking behaviors among rural working-class men — the heart of MAGA. Male recklessness is a major factor in the rise in “deaths of despair”. And periods of extreme recklessness often start with some triggering event.

Two-thirds of the triggering events involved relationship dissolution, which respondents frequently framed as a woman leaving. Importantly, these accounts reflect respondents’ interpretations of relationship dissolution rather than objective accounts of responsibility or causality.

Recklessness, you say? Like starting a war with no plan to end it? Or cancelling programs you don’t understand? Or firing people before you know what they do?

I admit, it’s speculative. But maybe she’s onto something.