A New History of the Old Right

“The discontent Trump used to propel himself to the White House has always been present on the American right. When Sen. Joseph McCarthy (R–Wis.) began his crusade against “the hidden Communists in America and their liberal Democratic protectors,” for example, he found support in the Republican Party and in the few conservative publications that existed at the time—The American Mercury, Human Events, even the libertarian-leaning Freeman. As McCarthy’s accusations multiplied and “became more outrageous, more galling, and more disconnected from reality,” Continetti writes, conservatives such as William F. Buckley Jr. still backed his crusade. There are similarities in the way Sen. Robert A. Taft (R–Ohio) responded to McCarthy’s conspiracy theories and the way Sen. Mitch McConnell (R–Ky.) has responded to Trump’s. While McCarthy ultimately undermined himself by launching outrageous accusations against President Dwight D. Eisenhower, Continetti demonstrates just how long conservatives have been tempted to follow aggressive demagogues while they lambaste liberals.

Traditionally, conservative elites have tried to channel populist sentiments into a respectable and successful movement. No one had to grapple with this question more than Buckley, the founder of National Review. The usual conservative narrative says that Buckley legitimized conservatism by being a gatekeeper: In keeping the conspiracism of the John Birch Society and the radical individualism of Ayn Rand at arm’s length, he made it less likely that conservatives would be labeled extremists. In the case of the John Birch Society, Buckley wrote a 5,000-word essay, “The Question of Robert Welch,” that condemned the group’s founder, arguing that “the best thing Mr. Welch could do to serve the cause of anticommunism in the United States would be to resign.” Buckley’s purges are often held up as a great success, but the reality is that Welch did not resign and the John Birch Society continued to have influence.

While Buckley initially aligned his magazine with segregationists in the South, a choice that has marred the movement’s reputation ever since, he was resolute in opposing Alabama Gov. George Wallace’s particular brand of populism. Wallace, of course, was a strident proponent of segregation in the 1960s. During his second run for president, on a third-party ticket in 1968, the candidate turned heavily to anti-elitist rhetoric. “As he began to attack the federal government and its know-it-all politicians and bureaucrats,” Continetti writes, “his support among conservatives grew.” Buckley called Wallace “Mr. Evil,” “a dangerous man,” and a “great phony.” He was also taken aback by the “uncouthness that seems to account for his general popularity.”

Other conservatives joined the denunciations. Wallace’s conservative fans, National Review founding senior editor Frank Meyer wrote, need to recognize that “there are other dangers to conservatism and to the civilization conservatives are defending than the liberal Establishment, and that to fight liberalism without guarding against these dangers runs the risk of ending in a situation as bad as or worse as our present one.” In modern parlance: Don’t back a man like Wallace to own the libs.”‘

The Supreme Court just let a Trump judge seize control of ICE, at least for now

“the Supreme Court handed down a brief, 5-4 decision that effectively places Drew Tipton, a Trump-appointed federal trial judge in Texas, in charge of many of Immigration and Customs Enforcement’s (ICE) decisions about which immigrants to target.

The decision was largely along party lines, except that Justice Amy Coney Barrett joined the Court’s three Democratic appointees.

The decision in United States v. Texas is temporary, but the upshot of this decision is that Tipton will effectively wield much of Homeland Security Secretary Alejandro Mayorkas’s authority over how ICE officers prioritize their time for as much as an entire year — and that’s assuming that the Biden administration ultimately prevails when the Court reconsiders this case next winter.

At issue in this case is a perfectly standard decision Mayorkas made last September. Federal law provides that the secretary of homeland security “shall be responsible” for “establishing national immigration enforcement policies and priorities.” Pursuant to this authority, Mayorkas issued a memo to ICE’s acting director, informing him that the agency should prioritize enforcement efforts against undocumented or otherwise removable immigrants who “pose a threat to national security, public safety, and border security and thus threaten America’s well-being.”

Then-secretaries of homeland security issued similar memos setting enforcement priorities in 2000, 2005, 2010, 2011, 2014, and 2017.

Not long after Mayorkas handed down his memo, however, the Republican attorneys general of Texas and Louisiana went to Tipton, a Trump judge with a history of handing down legally dubious decisions halting Biden administration immigration policies, asking Tipton to invalidate Mayorkas’s memo. Tipton obliged, and an especially conservative panel of the United States Court of Appeals for the Fifth Circuit allowed Tipton’s order to remain in effect.

DOJ asked the Supreme Court to stay Tipton’s decision, temporarily restoring an elected administration’s control over federal law enforcement while this case proceeds. But the Court just refused. And it did so without explanation.”

4 factors that could determine if gas prices will keep falling

“Several factors have pushed gas prices down, including a drop in oil prices as recession fears grow and a smaller-than-expected impact from Western sanctions on Russia. Supply has also improved relative to demand, which has slightly fallen in recent weeks and remains at levels lower than a year ago, according to data from the US Energy Information Administration.”

Is the Russian invasion of Ukraine the West’s fault? Video Sources

Is the war in Ukraine the fault of the West? John M. Owen IV. 2022 3 21. UVA: Miller Center. https://millercenter.org/war-ukraine-fault-west How Russia’s Attack on Ukraine Threatens Democracy Everywhere McGregor McCance and John M. Owen. UVAToday. 2022 3 2. https://news.virginia.edu/content/how-russias-attack-ukraine-threatens-democracy-everywhere [New School]

Government Databases Invite Privacy Abuse in China and the U.S.

“In July 2020, the feds indicted more Chinese government hackers for their part in “a hacking campaign lasting more than 10 years to the present, targeting companies in countries with high technology industries, including the United States, Australia, Belgium, Germany, Japan, Lithuania, the Netherlands, Spain, South Korea, Sweden, and the United Kingdom.” In September of the same year, the U.S. Cybersecurity and Infrastructure Security Agency announced that hackers with China’s Ministry of State Security used “commercially available information sources and open-source exploitation tools to target U.S. Government agency networks.”

In March of this year, Mandiant, a cybersecurity firm, revealed that hackers sponsored by the Chinese state were able to “successfully compromise at least six U.S. state government networks.”

Many reports about state-sponsored hacking note that this isn’t a one-sided affair. U.S. officials don’t advertise it, but there’s evidence they’re doing their part to steal sensitive data from Chinese companies and government agencies.”

Fetuses in HOV Lanes, Abortions at Sea, and More Post-Dobbs Weirdness

“A pregnant Plano, Texas, woman argues that she has a right to drive in a highway lane reserved for vehicles with two or more passengers. At 34 weeks pregnant, Brandy Bottone was pulled over by police while driving in a high-occupancy vehicle (HOV) lane on Interstate 75 South. When asked if there was anyone else in the car, Bottone pointed to her stomach and said “my baby girl,” she told The Dallas Morning News:
“One officer kind of brushed me off when I mentioned this is a living child, according to everything that’s going on with the overturning of Roe v. Wade. ‘So I don’t know why you’re not seeing that,’ I said.

“He was like, ‘I don’t want to deal with this.’ He said, ‘Ma’am, it means two persons outside of the body.’

“He waved me on to the next cop who gave me a citation and said, ‘If you fight it, it will most likely get dropped.’

“But they still gave me a ticket. So my $215 ticket was written to cause inconvenience?

“This has my blood boiling. How could this be fair? According to the new law, this is a life.

Bottone said she will be fighting the citation in court.

Her situation hints at how all sorts of existing rules could change—or at least be challenged—when the legal definition of personhood changes.”

The conservative Supreme Court is just getting warmed up

“In addition to overturning a nearly half-century-long federal right to an abortion, the court struck down gun-licensing laws in the most populous states, expanded state funding for religious schools, broadened the rights of public-school employees to pray publicly at work and halted lower court orders requiring two states to redraw congressional boundaries to give minority voters a better chance of electing candidates of their choice.

“What the court did just on abortion, guns and congressional power in the last eight days—that alone is momentous [but] if these justices stay together over the next few years, I don’t even think the first shoe has dropped,” University of California at Irvine Law Professor Rick Hasen said. “There’s so much more the Supreme Court could do to change American society.”

On Thursday, minutes after dealing a severe blow to President Joe Biden’s plan to reduce power-plant emissions to combat climate change, the high court announced it will take up a case from North Carolina next term that could give state legislatures vast power to draw district lines and set election rules even if state courts, commissions or executive officials disagree.

The so-called independent state legislature theory has lingered at the fringes of election-law debates for years, but was seized upon by former President Donald Trump in 2020 in his unsuccessful efforts to overturn Biden’s win.

“It’s kind of uncharted territory,” Hasen said. “It could have some far-reaching and unintended consequences.”

A sweeping Supreme Court ruling on the state-legislature issue might give state lawmakers the authority to appoint presidential electors, regardless of what state courts say or how a majority of a state’s voters cast their ballots.

In the 30 states with Republican legislatures, a ruling upholding the theory could give the GOP a big leg up in more routine House and Senate elections. But the effect in Democratic-run states could also be polarizing, with a redistricting commission in California put out of business and efforts by New York courts to limit gerrymandering reversed.

That case will join other polarizing issues already on the docket for next term: a new Voting Rights Act challenge from Alabama, a pair of cases challenging race-based affirmative action programs in higher education and a case brought by a web designer claiming that she should be able to ignore a Colorado law barring discrimination against same-sex couples.

As with many of the cases the Supreme Court decided in recent weeks, any of those cases could qualify as the most significant of an ordinary court term, but the justices have decided to hear them all.”