“Officials from four presidential swing states forcefully criticized an effort by Texas and President Donald Trump to enlist the Supreme Court to overturn Joe Biden’s victory in the presidential election, with Pennsylvania calling the last-ditch legal effort “seditious” and built on an “absurd” foundation.
“The Court should not abide this seditious abuse of the judicial process, and should send a clear and unmistakable signal that such abuse must never be replicated,” Pennsylvania said in a 43-page brief signed by Attorney General Josh Shapiro and his deputies.
“In support of such a request, Texas brings to the Court only discredited allegations and conspiracy theories that have no basis in fact,” the attorneys wrote. “Accepting Texas’s view would do violence to the Constitution and the Framers’ vision.”
The briefs from Pennsylvania, Georgia, Michigan and Wisconsin — states targeted in Texas’ lawsuit, brought by Attorney General Ken Paxton, which Trump is attempting to join — directed their fury largely at Paxton. And they pleaded with the justices to reject the suit out of hand, warning that anything else would give states unprecedented power to sue each other to enforce their will, leading to waves of partisan retribution that shake the foundations of federalism.”
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“Texas’ lawsuit drew skepticism even among Republicans on Capitol Hill, who have broadly been supportive of the president’s efforts to undermine faith in the democratic system. Some Texas GOP lawmakers, including Sen. John Cornyn, raised questions about the merits. Rep. Chip Roy called it “a dangerous violation of federalism,” and House GOP leader Kevin McCarthy twice dodged questions about whether he backed the legal effort.
However, a group of 106 House Republicans signed a friend of the court briefing, arguing the defendant states acted illegally and that their electors should be prevented from voting.”
“Trump, it seems, isn’t the only dead-ender holding out more than a month after the election, refusing to acknowledge defeat. Even as Trump lost again in court on Friday, with the Supreme Court rejecting a long-shot effort to overturn the election, he remains a lodestar for denialists of the GOP.
In California, a Republican congressional candidate trounced in Democratic-heavy Los Angeles is still refusing to concede — while simultaneously announcing he’s running for governor. In Maryland, a congressional candidate beaten by more than 40 percentage points is still complaining about “irregularities” in her election. And in Tennessee, a House candidate defeated by more than 57 percentage points has reached out to the ubiquitous pro-Trump lawyer Sidney Powell to air her grievances about an election that no Republican had any chance of winning — but that she’s convinced she did.
The down-ballot parroting of Trump’s baseless claims of widespread voter fraud began right after the election. But in the weeks since, it has evolved into a self-sustaining phenomenon of its own. Republican candidates for House, legislative and gubernatorial races in more than half a dozen states are still refusing to concede.
Echoing the president, these candidates are an early sign of what Republicans say will be a sustained, post-Trump effort to tighten voting restrictions and to reverse measures implemented in many states to make voting easier. They also may mark the beginning of a Trump-inspired trend of candidates who never fold — they just fade away after weeks and months of unsubstantiated allegations of fraud.”
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“On Friday, after the Supreme Court’s rejection of an effort to overturn the presidential election, Webber suggested on Twitter that even the court’s action was a sign of something sinister.
“That’s how you know it’s deeper than anyone could have ever imagined,” he said.”
LC: This could lay the groundwork for further deterioration of democracy.
“you have a situation in which large swaths of the country genuinely believe that the Democratic Party is a front for a pedophile ring…I was talking to a volunteer who was going door-to-door in Philadelphia in low-income African American communities, and was getting questions about QAnon conspiracy theories.”
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“If we do not have the capacity to distinguish what’s true from what’s false, then by definition the marketplace of ideas doesn’t work. And by definition our democracy doesn’t work.”
“President Donald Trump’s tweets attacking the legitimacy of the 2020 presidential election might not sway the outcome — but they might sway Americans’ faith in democracy.
A study by political science researchers from Stanford and five other universities found that exposure to those tweets “erodes trust and confidence in elections and increases the belief that elections are rigged among his supporters.” However, among those who oppose the president, the study found that their trust in elections actually increased after seeing his tweets, albeit by a slightly smaller magnitude.”
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“people’s self-reported views may have less to do with their actual opinions and more to do with staying in line with their party. Previous research has shown that survey respondents often follow partisan cues: Politico, for instance, found that Republicans’ and Democrats’ views on whether the economy was improving flipped after Trump’s 2016 win, but that those shifts in reported attitudes only sometimes affected people’s actual behavior.”
“In the incoming Senate, Democratic senators will represent at least 20,314,962 more people than their Republican counterparts — and that’s if we assume that Republicans win both runoff elections in Georgia. If the two Georgia seats go to the Democrats, the Senate will be split 50-50, but the Democratic half will represent 41,549,808 more people than the Republican half.
I derived these numbers using 2019 population estimates by the United States Census Bureau. In states where both senators caucus with the same party, I allocated the state’s entire population to that party. In states where the Senate delegation is split, I allocated half of the state’s population to each party. Although Sens. Bernie Sanders (I-VT) and Angus King (I-ME) identify as independent, both Sanders and King caucus with Democrats. So I coded them as Democratic senators.”
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“Republicans, in other words, would not be in the majority now — and they certainly would not be in the majority next year — if not for malapportionment.
The implications of this malapportionment are breathtaking. Among other things, Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett were all nominated by a president who lost the popular vote and confirmed by a bloc of senators who represent less than half of the country. If the United States chose its leaders in free and fair elections, none of these individuals would serve on the Supreme Court — and it is likely that Democratic appointees would have a majority on the Court.
Similarly, if Republicans control the Senate in 2021, the GOP will have the power to prevent Joe Biden from confirming a Cabinet, to block everyone Biden nominates to the federal bench, to prevent Biden from signing any legislation, and even to shut down the government.
This is not what the American people voted for in November. But it is what a deeply broken Constitution, which effectively gives extra Senate seats to white conservatives in small states, has given us.”
“the sitting president’s refusal to acknowledge electoral defeat is worrisome, as it raises the prospect that he will not uphold a core tenet of democracy: Elections determine who is in power, and those who lose surrender power peacefully. The behavior of top Republican Party officials — subtly acknowledging that Trump must leave office on Jan. 20 but not openly rebuking his conduct — in some ways also violates that core value. And the combination of Trump’s and his party’s behavior raises a serious question: Is America’s democracy in trouble?
Maybe. People who study democratic norms and values both in the United States and abroad say that the behavior of Trump and the Republican Party over the past week deeply concerns them. Dartmouth College political scientist Brendan Nyhan says it’s important not to think of democracy in binary terms — that either a nation is or is not a democracy. Instead, Nyhan argues, democracy falls more on a spectrum, and based on how Trump broke with democratic values as president and how he is handling the end of his presidency, America does remain a democracy, but it is somewhat less democratic than it was pre-Trump.”
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“Not only is Trump blocking his advisers from helping the incoming Biden administration get ready to deal with the pandemic, but the defeated president has largely disengaged from the COVID-19 crisis himself. In terms of managing the virus, America will be functionally without a president for two months.
We can’t totally rule out the most alarming possibility either — that Trump is going to try to stay in office past Jan. 20. After all, he has mobilized some key parts of the federal government and the Republican Party behind his efforts to question and undermine the election results.”
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“It’s hard to know the answers to these questions. Democratic values are almost certain to be upheld this time — that is, the election determined who will be in charge, and the transfer of power will ultimately be peaceful. But it’s not totally clear that these values will be upheld the next time a Trump-like figure emerges. American democracy is likely to survive Trump, but his tenure has raised important questions about the state of America’s democracy and whether it will endure in perpetuity.”
“Senate Majority Leader Mitch McConnell and top Republican lawmakers on Monday refused to recognize Joe Biden as the president-elect, defending President Donald Trump as he continues to launch unsubstantiated allegations about widespread voter fraud.
McConnell, like many other Senate Republicans, neither repeated Trump’s false claims that Democrats are trying to “rig” and “steal” the election, nor publicly pressured the president to concede. Their reluctance to recognize Biden’s victory two days after he secured enough Electoral College votes highlights the grip that Trump still holds on the GOP, even as he will likely soon be leaving the White House. For now, they’re sticking with the president”
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“Trump has continued to assert that there were widespread irregularities in several states but has so far provided no evidence. He falsely claimed on Twitter that he won the election, even as Biden on Saturday secured the necessary 270 electoral votes to win the White House, according to numerous media projections. The president has even suggested the election was “stolen” from him, but his campaign has lost several court fights already.”
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“Senate Republicans said they expect the disputes to be resolved sooner rather than later. One GOP senator, speaking on condition of anonymity to candidly describe the party’s thinking, said “most people recognize where this is headed and that clearly Biden is leading in enough states to win, but let’s not rush the process.”
So far, only four Republican senators — Mitt Romney of Utah, Lisa Murkowski of Alaska, Ben Sasse of Nebraska and Susan Collins of Maine — have acknowledged Biden’s victory and referred to him as the president-elect.
But like McConnell, most Senate Republicans have refused to publicly acknowledge that Biden will become the next president, even though they admit that’s going to happen in private. While Biden is already aggressively planning his transition to power, GOP senators are deferring to the Trump campaign’s pending legal challenges to the election results in various battleground states.”
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“Even as Biden’s team is preparing for the transfer of power, a top political appointee in the Trump administration is thus far refusing to officially certify Biden as the president-elect. Such a declaration is necessary in order to kick-start the presidential transition process; specifically, it would unlock resources for Biden’s team, including federal funding and access to the federal agencies that will need staffing.
Republicans largely declined to weigh in on whether the appointee, General Services Administration chief Emily Murphy, should certify Biden as the winner, though Collins went as far as to say that Biden and Vice President-elect Kamala Harris “should be given every opportunity to ensure that they are ready to govern” when they take office on Jan. 20.”
“The confirmation of Supreme Court Justice Clarence Thomas, back in 1991, was a squeaker: 52 yeas, 48 nays — the narrowest margin in over a century.
The senators who voted to put him on the bench had won their most recent elections with a combined tally of 42 million votes. But the senators who voted “nay” were elected by 46 million. Thomas became the first Supreme Court justice to be confirmed by a bloc of senators who had been elected by a minority of voters.
Then it happened again. And again and again. The senators who confirmed Justices Samuel Alito, Neil Gorsuch, and Brett Kavanaugh received millions fewer votes than the senators who opposed their confirmations.
Ruth Bader Ginsburg’s replacement seems certain to join the ranks of these “minority justices.” Even if President Trump’s nominee, Amy Coney Barrett, wins the support of every Republican senator, including moderate hold-outs like Lisa Murkowski and Susan Collins, all those senators combined received 13 million fewer votes than their colleagues across the aisle.
With this new confirmation, the Supreme Court will enter a particularly undemocratic new era. For the first time since senators were directly elected, a controlling majority of the court will have been put there by senators who most voters didn’t choose. (And of course, the last three will have been nominated by a president who lost the popular vote by nearly 3 million votes.)”
“the Senate is an enormous problem for Democrats given the current political coalitions, in which Democrats are dominant in cities while Republicans triumph in rural areas. And because the Senate is responsible for confirming Supreme Court picks, that means the Supreme Court is a huge problem for Democrats too. Sure, Democrats might win back the Senate this year — indeed, they were slight favorites to do so before the Ginsburg news. But in the long run, they’re likely to lose it more often than not.”
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“the overall U.S. population (including Washington D.C. and Puerto Rico) is split almost exactly evenly between these buckets: 25 percent rural, 23 percent exurban/small town, 27 percent suburban/small city, and 25 percent urban core/large city.”
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“Because there are a lot of largely rural, low-population states, the average state — which reflects the composition of the Senate — has 35 percent of its population in rural areas and only 14 percent in urban core areas, even though the country as a whole — including dense, high-population states like New York, Texas and California — has about 25 percent of the population in each group. That’s a pretty serious skew. It means that the Senate, de facto, has two or three times as much rural representation as urban core representation … even though there are actually about an equal number of voters in each bucket nationwide.”
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“Since rural areas tend to be whiter, it means the Senate represents a whiter population, too.”
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“In a strong national environment for Democrats, in other words, the Senate can be competitive. Generally speaking, at least. A Democratic-leaning environment wasn’t enough to overcome the Senate’s baseline GOP-lean and a bad map in 2018. Democrats lost seats. And in an average year — and certainly in a year like 2014 where Republicans have the advantage — Democrats face dire prospects in the Senate.”
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“despite their current 47-53 deficit in the Senate, Democratic senators actually represent slightly more people than Republicans.”
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“the Senate is effectively 6 to 7 percentage points redder than the country as a whole, which means that Democrats are likely to win it only in the event of a near-landslide in their favor nationally. That’s likely to make the Republican majority on the Supreme Court pretty durable.”
“In the video, Juniper Simonis screams as they are pushed to the ground, struggling, by a group of men in military fatigues who wield large, black weapons. While Simonis is handcuffed and their service dog barks, the men surround them, a wall of camo, blocking the videographer from capturing the full extent of what’s happening. Simonis wears shorts and a tank top, but the men appear dressed for war. The officers’ uniforms bear a large patch that says “police,” but they aren’t police. They’re federal agents, but with no name tags or badges, they are, in the moment of Simonis’s arrest, impossible to identify.
Simonis is an American scientist — a computational ecologist who does data analysis for researchers and the government. Last month, Simonis was detained outside a federal courthouse in Portland, Oregon, by mysterious men now known to be agents of the Department of Homeland Security, a federal agency created to fight terrorism. By Simonis’s own estimation, the scientist spent around eight hours in the agents’ custody. For the first 45 minutes or so, they said, they were held in a parking garage without having been read their rights. Simonis was then transferred to a U.S. Marshals’ lockup. Their request to call a lawyer or a friend was refused. Eventually, Simonis was given a citation for vandalism related to chalking the sidewalk in front of the courthouse, and sent out the door in the middle of the night with no way home.”
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“According to a recent report by the Democracy Fund’s Voter Study Group, support for democracy is in no way universal. In fact, their findings show that 1 in 3 Americans have, at some point in the last three years, supported some kind of authoritarian view, and only about 80 percent said it was very important to live in a democracy.”