House Democrats tout bill to add four seats to Supreme Court
Julia Mueller – July 18, 2022
A group of House Democrats called for legislation on Monday that would add four seats to the Supreme Court, lamenting a “ultra right-wing” branch that just overturned the Roe v. Wade decision on abortion rights.
The eight lawmakers cited recent Supreme Court decisions that rolled back Miranda rights, threw out a New York gun control law and allowed religion to surface in schools — as well as the Dobbs v. Jackson Women’s Health decision that overturned the right to abortion in Roe — in saying there was a need to add new justices to the court.
Rep. Hank Johnson (D-Ga.), the lead sponsor of the 2021 Judiciary Act, called the current makeup “a Supreme Court at crisis with itself and with our democracy” where “basic freedoms are under assault” from the 6-3 conservative supermajority on the bench.
The Supreme Court isn’t susceptible to the popular vote the way Congress is, Johnson said, and it has used that fact to amass power. “It’s making decisions that usurp the power of the legislative and executive branches,” he said.
Facing Republican opposition and some Democratic skepticism, the bill has little chance of becoming law, but it illustrates the deep anger among progressive Democrats about the court’s direction under three conservative justices nominated by former President Trump: Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.
Those three justices have radically altered the direction of the court, which now has twice as many conservative justices as liberal ones. Kavanaugh replaced Justice Anthony Kennedy, a previous swing vote who had been nominated to the court by a Republican, while Barrett replaced liberal Justice Ruth Bader Ginsburg.
Adding to Democratic anger, a GOP Senate blocked former President Obama’s last nominee to the court, Merrick Garland, who is now the attorney general. Gorsuch ended up being nominated to the court in place of Garland.
Introduced last year, the Judiciary Act has not progressed in Congress.
Some Democrats wary of the proposal are concerned that expansion would open the court up for Republicans to push more of their nominees into the openings.
“The nightmare scenario of GOP court-packing is already upon us,” said Rep. Mondaire Jones (D-N.Y.). “That’s how they got this far-right 6-3 majority in the first place.”
Lawmakers at Monday’s press conference, hosted by the Take Back the Court Action Fund, blamed Trump and the conservative legal movement for enabling a partisan court.
Republican politicians made controlling the judicial branch part of their platform, said Rep. Mark Takano (D-Calif.), adding that the court has “gone rogue” and “become a radical institution.”
The lawmakers also emphasized that the longevity of the lifelong terms the sitting justices are now serving makes action to expand the court more urgent.
Of 72-year-old conservative Justice Samuel Alito, Johnson said, “You can see the gleam in his eye as he thinks about what he wants to do to decimate the rights of people and put us back in the Dark Ages.”
Trump-nominated Gorsuch, Barrett and Kavanaugh, in their 50s, are “gonna be there for a while,” Johnson said.
Congress has changed the number of seats on the nation’s highest court seven times in the nation’s history. The new proposal would bring the total seat count to 13, meaning a decision from the court would need a 7-6 majority rather than the present 5-4.
Reps. Andy Levin (D-Mich.), Jan Schakowsky (D-Ill.), Bonnie Watson Coleman (D-N.J.), Rashida Tlaib (D-Mich.) and Sheila Jackson Lee (D-Texas) were also at the conference, along with Sen. Ed Markey (D-Mass.), who sponsored the bill in the Senate, and a handful of progressive activists.
The 18 House Republicans who voted against a resolution to support Finland, Sweden joining NATO
Mychael Schnell – July 18, 2022
More than a dozen House Republicans voted against a resolution on Monday that expressed support for Finland and Sweden joining NATO.
The House passed the measure, which had bipartisan sponsorship, in a 394-18 vote, with all the opposition coming from the Republican Party. Two Democrats and 17 Republicans did not vote.
Eighteen House Republicans objected to the measure: Reps. Andy Biggs (Ariz.), Dan Bishop (N.C.), Lauren Boebert (Colo.), Madison Cawthorn (N.C.), Ben Cline (Va.), Michael Cloud (Texas), Warren Davidson (Ohio), Matt Gaetz (Fla.), Bob Good (Va.), Marjorie Taylor Greene (Ga.), Morgan Griffith (Va.), Thomas Massie (Ky.), Tom McClintock (Calif.), Mary Miller (Ill.), Ralph Norman (S.C.), Matt Rosendale (Mont.), Chip Roy (Texas) and Jefferson Van Drew (N.J.).
The measure specifically demonstrates support for Finland and Sweden joining NATO — which they applied to do in May — and urges member states to formally support their push to join the alliance.- ADVERTISEMENT -https://s.yimg.com/rq/darla/4-10-1/html/r-sf-flx.html
Additionally, the resolution opposes any attempts by the Russian Federation to adversely react to the decision by the two Nordic countries to join the military alliance and urges NATO countries to fulfill their 2 percent of gross domestic product (GDP) defense spending pledge that was agreed to at the 2014 Wales summit.
Passage of the measure came exactly two months after Finland and Sweden applied to become members of NATO and less than three weeks after the military alliance invited the pair of countries to join the group.
The push for Sweden and Finland to join NATO ramped up after Russia began its invasion of Ukraine on Feb. 24. Moscow has since continued its offensive.
Massie said on Twitter on Monday following the vote that “America can’t afford to subsidize socialist Europe’s defense, nor should we. Tonight, I voted against the House Resolution urging NATO’s expansion into Sweden and Finland.”
His tweet included a link to a Newsweek article from March that said only eight of the 30 NATO countries met the guideline of spending 2 percent of their GDP on defense in 2021 — a fact that was reflected in the NATO secretary general’s annual report.
Massie and other GOP lawmakers who objected to Monday’s resolution have voted against measures related to the Russia, Ukraine and the invasion in the past.
In May, Massie and Greene voted “no” on three bills connected to the invasion. One compelled foreign entities and individuals under U.S. authority to comply with sanctions on Russia and Belarus. Another called for making it U.S. policy to bar Russian officials from participating in meetings and activities in the Group of 20 and other financial institutions. The third would forbid the Treasury secretary from taking part in transactions related to the exchange of special drawing rights that Russia or Belarus possesses.
Belarus has supported Russia throughout its invasion of Ukraine.
The lawmakers also joined 54 Republicans that day in voting against a bill to suspend multilateral debt payments Ukraine owes.
In April, Massie, Greene, Cawthorn and Roy joined with four progressive lawmakers in opposing a measure urging President Biden to seize assets from sanctioned Russian oligarchs and use the money to help Kyiv amid its battle with Moscow.
Also in April, 10 GOP House members — including Massie, Greene, Biggs, Bishop, Davidson, Gaetz and Norman — voted against the Ukraine lend-lease bill, which sought to make it easier for the U.S. to send military assistance to Ukraine during Russia’s invasion.
In a Twist, Old Coal Plants Help Deliver Renewable Power. Here’s How.
Elena Shao – July 15, 2022
Silos of ash and other waste at the Brayton Point Power Station, a retired coal-fired power plant in Somerset, Mass., on July 7, 2022. (Simon Simard/The New York Times)
Across the country, aging and defunct coal-burning power plants are getting new lives as solar, battery and other renewable energy projects, partly because they have a decades-old feature that has become increasingly valuable: They are already wired into the power grid.
The miles of high-tension wires and towers often needed to connect power plants to customers far and wide can be costly, time-consuming and controversial to build from scratch. So solar and other projects are avoiding regulatory hassles and potentially speeding up the transition to renewable energy by plugging into the unused connections left behind as coal becomes uneconomical to keep burning.
In Illinois alone, at least nine coal-burning plants are on track to become solar farms and battery storage facilities in the next three years. Similar projects are taking shape in Nevada, New Mexico, Colorado, North Dakota, Nebraska, Minnesota and Maryland. In Massachusetts and New Jersey, two retired coal plants along the coast are being repurposed to connect offshore wind turbines to the regional electrical grids.
“A silver lining of having had all of these dirty power plants is that now we have fairly robust transmission lines in those places,” said Jack Darin, director of the Illinois chapter of the Sierra Club, an environmental advocacy group. “That’s a huge asset.”
Over the past two decades, more than 600 coal-burning generators totaling about 85 gigawatts of generating capacity have retired, according to the U.S. Energy Information Administration. (Individual power plants can have more than one generator.) A majority of the 266 remaining coal-burning power plants in the country were built in the 1970s and 1980s and are nearing the end of their approximately 50-year operational lifetime.
Most of that retired capacity will not be replaced with coal, as the industry gets squeezed out by cheaper renewable energy and tougher emissions regulations. At the same time, renewable energy producers are facing obstacles getting their projects connected to the grid. Building new power lines is costly and controversial, as neighbors often oppose transmission lines that can disturb scenic vistas or potentially reduce property values nearby. In addition, getting power line projects approved by regulators can be time-consuming.
Building and operating renewable energy projects has long been cheaper than fossil fuel plants. The barrier “is not economics anymore,” said Joseph Rand, a scientist at the Lawrence Berkeley National Laboratory, which conducts research on behalf of the U.S. Department of Energy. “The hardest part is securing the interconnection and transmission access.”
This makes old coal plants an attractive option as sites for renewable energy projects. Not only are the old plants already wired into the transmission system, they also have substations, which help convert electricity to a supply that is suitable for use in homes and businesses.
That was a key factor in choosing Brayton Point Power Station as a grid connection point for a 1,200-megawatt wind farm 37 miles off the coast of Massachusetts, said Michael Brown, CEO of the offshore wind developer Mayflower Wind.
At 1,600 megawatts, the coal-fired plant was the largest one in New England when it retired in 2017. The facility itself, located in the waterfront town of Somerset, will be replaced by an undersea-cable factory owned by the Italian company Prysmian Group. And the offshore wind project will connect to the grid at the Brayton Point interconnection point, making use of the existing substation there.
In one of the most ambitious efforts, Vistra Corp., a Texas-based power generation company that also owns a variety of power plants in California and Illinois, said it would spend $550 million to turn at least nine of its coal-burning facilities in Illinois into sites for solar panels and battery storage.
The largest, a plant in Baldwin, Illinois, that is set to retire by 2025, will get 190,000 solar panels on 500 acres of land. Together, the panels will generate 68 megawatts of power, enough to supply somewhere between 13,600 and 34,000 homes, depending on the time of year. It will also get a battery that can store up to 9 megawatts, which will help distribute electricity when demand peaks or the sun is not shining.
Vistra CEO Curtis Morgan said it became clear that the power company would need to “leave coal behind,” and it was eager to build new zero-emissions projects to replace some of the power from those plants. However, he said, the slow process of getting approval from grid operators, which coordinate and monitor electricity supplies, has been a roadblock for a number of Vistra’s proposed projects.
A surge in proposals for wind, solar and battery storage projects has overwhelmed regulators in recent years, according to an analysis from the Lawrence Berkeley National Laboratory, which overlooks the University of California’s Berkeley campus. In 2021, wait times had almost doubled from a decade before, to nearly four years, and that does not include the increasing number of projects that are withdrawing from the process entirely.
If every project currently waiting for approval gets built, “we could hit 80% clean energy by 2030,” said Rand, the lead author of the report. “But we’d be lucky if even a quarter of what’s proposed actually gets completed.”
Three of Vistra’s battery storage projects in Illinois — at the Havana, Joppa and Edwards coal plants — also benefited from an infusion of grants from a state law, the Climate and Equitable Jobs Act, aimed at supporting a “just transition” for coal-dependent communities toward renewable energy. It was signed by Gov. J.B. Pritzker last fall and also required all fossil-fuel-burning plants to cut their emissions to zero by 2045, which could lead to their closure, though most of the coal plants in Illinois were already poised to shut down within a decade.
The Coal-to-Solar Energy Storage Grant Program that emerged from the legislation also supports two other battery projects, owned by NRG Energy, which will be built at the Waukegan and Will County coal-burning power stations.
The advantage of building renewable energy projects on old coal plants is twofold, said Sylvia Garcia, director of the Illinois Department of Commerce and Economic Opportunity, which oversees the coal-to-solar program. First, projects benefit from the ease of reusing an existing connection to the grid. Second, it is an effort toward “trying to reinvest in the communities that have lost those coal plants” in the first place, she said.
While the new projects will temporarily create construction jobs, operating a solar plant or battery facility usually does not require as many employees. The Baldwin plant previously employed around 105 full-time workers. And while Vistra has not yet finalized numbers on a site-by-site basis, the nine Illinois projects combined will create 29 full-time jobs annually, the company’s communications director, Meranda Cohn, said in an email.
Coal plants also typically sit on a sizable parcel of land, and redeveloping those sites into renewable energy projects is a way to put something productive on a piece of property that might otherwise go unused.
“It’s really shifting a very negative resource into one that is more positive for the community,” said Jeff Bishop, CEO of Key Capture Energy, which plans to locate a 20-megawatt battery storage project at a retired coal plant near Baltimore.
Elsewhere in Holyoke, Massachusetts, the retirement of Mount Tom Station, a coal plant that had operated for more than five decades, presented a number of possibilities, said Julie Vitek, vice president of government and regulatory affairs for the power producer ENGIE North America. After meetings with government officials, environmental groups and residents, a solar farm emerged as the best way to “give new life to the industrial land at Mount Tom,” she said.
Today, the property is home to some 17,000 solar panels and a small battery installation that form a community solar project managed by Holyoke Gas & Electric, a city-owned utility that gives customers the choice to opt in to receiving solar power from the project. The panels produce about 6 megawatts of power, enough to power about 1,800 homes.
It is not only solar, battery and wind developers that are eyeing old coal plants for their infrastructure. TerraPower, a nuclear power venture founded by Bill Gates, is locating a 345-megawatt advanced nuclear reactor adjacent to a retiring coal plant in Kemmerer, Wyoming. The location will not only allow the reactor to take advantage of the existing grid connection but also to make use of the coal plant’s cooling system, said Chris Levesque, TerraPower’s president and CEO.
“In a way, it’d be a real shame not to make use of those coal plants,” Levesque said.
‘Things Are Going to Break’: Texas Power Plants Are Running Nonstop
Will Wade, Mark Chediak and Naureen Malik – July 15, 2022
(Bloomberg) — As searing Texas heat drives power demand to record highs, the state’s grid operator is ordering plants to run at a historic pace, often forcing them to put off maintenance to keep cranking out electricity. That’s helped keep the lights on, for now, but the short-term focus is putting even more stress on a system that’s already stretched near the limit.
Twice in the past week, officials have called on Texans to limit electricity use during scorching afternoons as demand inched perilously close to overwhelming supply. Now, there are growing concerns over how long power plants can maintain the grueling pace as they run nonstop, according to Michele Richmond, executive director of Texas Competitive Power Advocates, a generator industry group.
“Things are going to break,” she said. “We have an aging fleet that’s being run harder than it’s ever been run.”
Also See: Texas Confident Stressed Grid Will Hold Up Amid Summer Heat
To meet the surge in power demand, Ercot, the grid operator, is leaning heavily on a mechanism called reliability unit commitments to ensure there’s enough supply. Plants are being regularly ordered to go into service, or remain in operation, and skip any scheduled maintenance. The measure also overrides shutdowns for economic factors or any other issues. And Ercot is using the rule more than ever before as the state battles bout after bout of extreme weather.
The Electric Reliability Council of Texas, as the operator is formally known, called for 2,890 hours of RUCs system-wide in the first half of this year. That’s more than triple the 801 hours in the first half of 2021, according to data from Ercot’s independent market monitor provided by Richmond. For all of 2020, there were 224 RUC hours.
The problem is that deferring repairs now will likely come back to haunt power-plant owners, Richmond said.
“If you put off preventative maintenance because it’s needed for reliability, it increases the chances you’ll need a more comprehensive outage” later on as plants start to malfunction, she said.
Growing Population, Crypto
The situation underscores that the Texas grid is relying on short-term solutions for what’s poised to be a long-term problem. The state is contending with a population boom that’s driven demand higher. Crypto mining has also taken off in the past year, bringing with it the industry’s power-intensive operations. Meanwhile climate change has made extreme weather events that drive up electricity use more likely to occur and more severe — creating situations like a deadly February 2021 freeze that caused blackouts across the state.
Brad Jones, Ercot’s interim chief executive officer, is aware he’s walking a fine line. On one hand, there have been six times in the past year that using RUCs have enabled the operator to avoid declaring grid emergencies. Or as Peter Lake, chairman of the Public Utility Commission of Texas, said at a June 22 hearing: Six times when the grid otherwise would’ve been “on the brink of rolling blackouts.”
However, Jones says he knows that forcing plants to stay in service is raising the risk of breakdowns. For example, a key concern at this time of year is boiler-tube leaks, especially at older plants. These leaks don’t always mean a plant must shut down immediately, but if they’re not closely monitored they can lead to bigger, more costly repairs.
“Typically, a generator can run for a while with the water leaking,” Jones said in an interview. “The question is, how long is that.”
The grid operator is in constant contact with generators and works to give them time to make needed repairs when conditions allow, Jones said. Ultimately, the state needs more power plants, and regulators are working on ways to make that happen, he said.
Ercot and other operators are facing dual challenges, said Michael Webber, an energy-resources professor at the University of Texas at Austin. Most companies schedule maintenance during the spring and fall, when the weather is mild and power use is typically lower.
But climate change means these windows of temperate weather are getting shorter. This year, for instance, an early May heat wave forced some generators to skip tune-ups. And periods of high heat are also lasting longer, putting more stress on power plants that are running all-out for weeks at a time.
Maintenance for power plants — especially older ones — can be time consuming and complicated, said Webber, who also serves as chief technology officer of Energy Impact Partners, a clean tech venture fund
“You kind of have to dismantle the plant,” he said. “It’s not something you can do in a couple of hours.”
All of this is exacerbated by the state’s aging fleet. The average age of coal-powered plants in Texas is about 50 years, and natural-gas plants average about 30 years.
“It’s kind of like humans — we need to rest and recover,” Webber said. “If we run full speed for a long time, we can collapse.”
They sounded alarms about a coming Colorado River crisis. But warnings went unheeded
Ian James – July 15, 2022
A boat juts from the shoreline of Lake Mead, exposed as the water has receded to the lowest levels since the reservoir was filled in the 1930s. (Luis Sinco / Los Angeles Times)
The Colorado River is approaching a breaking point, its reservoirs depleted and Western states under pressure to drastically cut water use.
It’s a crisis that scientists have long warned was coming. Years before the current shortage, scientists repeatedly alerted public officials who manage water supplies that the chronic overuse of the river combined with the effects of climate change would likely drain the Colorado’s reservoirs to dangerously low levels.
But these warnings by various researchers — though discussed and considered by water managers — went largely unheeded.
Now, many of the scientists’ dire predictions are coming to pass, with Lake Mead and Lake Powell nearly three-fourths empty and their water levels continuing to fall. Some researchers say the seven states that depend on the river would have been better prepared had they acted years ago.
“If I’ve learned anything recently, it’s that humans are really reluctant to give things up to prevent a catastrophe,” said Brad Udall, a water and climate scientist at Colorado State University. “They’re willing to hang on to the very end and risk a calamity.”
The Colorado River, vital to seven states, as seen from the Toroweap Overlook on the North Rim of the Grand Canyon. (Luis Sinco / Los Angeles Times)
He said it’s just like humanity’s lack of progress in addressing climate change despite decades of warnings by scientists.
If larger cuts in water use were made sooner, Udall said, the necessary reductions could have been phased in and would have been much easier.
Peter Gleick, a water and climate scientist and co-founder of the Pacific Institute, said the collective failure to heed scientists’ repeated warnings is “directly responsible for how bad conditions are today.”
“If we had cut water use in the Colorado River over the last two decades to what we now understand to be the actual levels of water availability, there would be more water in the reservoirs today,” Gleick said. “The crisis wouldn’t be nearly as bad.”
In a 1993 study for the federal government, Gleick and coauthor Linda Nash examined the threat climate change posed for the river and warned that the water supply would be very sensitive to rising temperatures.
“Under conditions of long-term flow reductions and current operating rules, these reservoirs are drawn almost completely dry,” they wrote. “Current approaches to water management in the basin will have to be modified.”
Whitewater rafters ride the Colorado River, as seen from Toroweap Overlook on the North Rim of the Grand Canyon. (Luis Sinco / Los Angeles Times)
In 2000, board members of the Metropolitan Water District who were concerned about climate change invited scientists including Gleick to speak at a workshop. The scientists advised them to start preparing for consequences including less Sierra snow and possible decades of drought.
Gleick said a common refrain from many water managers in the 1980s and ’90s, when told about risks based on climate projections, was to respond that once they had a more definitive picture of effects on water resources, they could deal with it.
Even later, as the projections got more definitive and “alarm bells got louder,” Gleick said, political barriers hindered changes in the entrenched system of how the river’s water is divided and managed, a system established starting with the 1922 Colorado River Compact. Action was stymied, he said, by those “who either didn’t want to believe the science or had something to lose if we changed our policies.”
Gleick said there is a parallel in how fossil fuel interests have long fought the sorts of changes necessary to address global warming.
In the Colorado River Basin, Gleick said, the vested interests that have hindered new approaches for dealing with the water shortfall include some in agriculture who benefit from generations-old water rights, water managers with a “find more and more water” mentality, and politicians who’ve fought to defend old state apportionments.
In the 2000s, as drought ravaged the watershed, a growing body of scientific research showed that higher temperatures would substantially shrink the flow of the river, which supplies farmlands and cities from the Rocky Mountains to Southern California and northern Mexico.
“If I’ve learned anything recently, it’s that humans are really reluctant to give things up to prevent a catastrophe.”
Brad Udall, a water and climate scientist
In a 2004 study, scientists at the University of Washington projected major declines in runoff and river flow with warmer temperatures.
In other research in 2007, scientists Martin Hoerling and Jon Eischeid wrote that climate simulations showed an an increase in drought severity would occur “in lockstep” with global warming, projecting a 25% reduction in flow from 2006 to 2030, and a 45% decrease by midcentury.
When federal officials released a report in 2007 on new river management rules, their estimates of future risks were rosier, showing minimal odds of reservoirs reaching low levels. The report cited studies predicting declines in river flow with climate change, saying that while those projections “are of great interest, additional research is both needed and warranted to quantify the uncertainty of these estimates.”
The Colorado River flows over rocks along its banks at Lees Ferry, a narrow stretch that marks the divide between the river’s upper and lower basins. (Luis Sinco / Los Angeles Times)
In a 2008 study, scientists Tim Barnett and David Pierce of the Scripps Institution of Oceanography wrote that if climate models were correct, the Colorado River would “continue to lose water in the future,” with its flow likely declining 10% to 30% over the next 30 to 50 years. Those estimates turned out to match, if conservatively, the 20% decline in flow that has occurred since 2000.
Barnett and Pierce estimated that if current allocations stayed the same, there was a 50% chance the usable water supply in Lake Mead and Lake Powell, the country’s two largest reservoirs, would be gone by 2021. They titled their study “When Will Lake Mead Go Dry?”
They said that annually the region was taking out about 1 million acre-feet of water more than the river was providing, which they warned was “simply not sustainable.” Barnett and Pierce wrote that time was short to decide how to use a reduced water supply, and the alternative would be a “major societal and economic disruption in the desert southwest.”
Discussing the research, Barnett said: “You have to wonder if the civilization we’ve built in the desert Southwest is sustainable in the future.”
The scientists’ findings, however, were discounted at the time by some water managers. Terry Fulp, regional director for the federal Bureau of Reclamation, said he disagreed with the study’s assumption that climate models were sensitive or refined enough to project regional effects, and the agency’s own studies didn’t project such severe declines.
Some Southern California water officials said people shouldn’t panic over the report, pointing to ongoing water-saving efforts and the past winter’s above-average snowpack. Roger Patterson, an assistant manager of the Metropolitan Water District, was quoted as saying that back-to-back winters like that could largely refill the reservoirs.
In another study in 2009, Barnett and Pierce found that if human-caused climate change continued to make the Southwest drier as projected, the reduced river flow would mean significant shortages. Pierce said shortfalls could be avoided “if the river’s users agree on a way to reduce their average water use.”
But that didn’t happen, at least not on the scale the researchers said was necessary.
Visitors climb rock formations near the Colorado River at Lees Ferry. (Luis Sinco / Los Angeles Times)
“The scientists have been raising the warning flag for quite a while now,” said Jennifer Pitt of the National Audubon Society.
Pitt said for years she and other conservationists urged water managers to look more at the climate models. And although officials gradually incorporated more climate science in their projections, she said, the institutions that manage the river clearly didn’t embrace the red flags soon enough.
A 2012 study by the Bureau of Reclamation discussed estimates of reduced water supplies due to climate change, but Pitt said the severity of the projections was muted in the report’s summary.
Even as the reservoirs dropped, she said, there were other reasons why representatives of states and water districts resisted change.
“Each state and each water user has an inclination to fight to defend their access to water,” Pitt said, and this drive has weighed against “the need to defend the reliability of the entire system.”
The Colorado River has long been overallocated, with so much water diverted that its delta in Mexico dried up decades ago, leaving only small remnants of its once-vast wetlands.
Boaters cross the Arizona-California border on the Colorado River near Needles. (Luis Sinco / Los Angeles Times)
In studies during the last decade, scientists have homed in on what climate models indicate about the river’s future, finding that roughly half the decline in flow has been due to warmer temperatures; that climate change is driving the “aridification” of the Southwest; that warming could take away more than one-fourth of the average flow by 2050; and that for each additional 1 degree Celsius (1.8 degrees Fahrenheit), the river’s flow is likely to decrease about 9%.
As the West endured more hot and dry years, the few wet winters failed to produce the sort of rebound that water managers had hoped for. As water kept flowing to growing cities and farmlands producing hay, lettuce and other crops, the reservoirs continued to drop.
But with Lake Mead and Lake Powell now just 27% full and declining toward new lows, the federal government has stepped in and ordered the seven states to come up with plans to cut water use by 2 million to 4 million acre-feet, the equivalent of roughly 15% to 30% of total annual diversions in the U.S. and Mexico.
Even long before scientists began studying the effects of rising temperatures on the river, various people raised concerns that there wouldn’t be sufficient water — among them John Wesley Powell, leader of the historic 1869 expedition through the Grand Canyon; scientist Eugene Clyde LaRue, whose warnings about insufficient water went unheeded during negotiations that led to the 1922 Colorado River Compact; and the writer Wallace Stegner, who warned in 1985 that the West was growing “beyond our limits” and that “There is just not enough water.”
Visitors to Hoover Dam can see where severe and prolonged drought conditions have exposed the rocky sides of Black Canyon and the intake towers that feed the dam’s power generators. (Luis Sinco / Los Angeles Times)
Some environmental activists have pointed out that in 1954 California water lawyer Northcutt Ely testified in Congress to oppose the construction of Glen Canyon Dam and another proposed dam, saying they were unnecessary, would lead to more losses from evaporation and increase the “overdraft” of the water supply.
John Weisheit, co-founder of the group Living Rivers, said Ely’s overarching goal was watershed sustainability. The concerns Ely raised nearly seven decades ago, he said, have only been compounded by climate change.
Weisheit recalled telling federal officials at a public meeting in 2005 that the reservoirs were going to go empty, “and they laughed at me.”
Weisheit said water managers knew how bad the situation was years ago but have failed to rein in water demands to match the limited supply.
Udall said he has been frustrated that federal agencies continue to use 30 years as a baseline “climate normal,” because data from the late 20th century, which was cooler and wetter, “blinds us to the period we’re in right now.”
Federal officials have been using what they call “stress test” hydrology in their projections in recent years, leaving out earlier 20th century records while considering data going back to 1988. But Udall said this approach has continued to yield some projections that are too rosy, an issue that he said government specialists appear to be working to address.
Valley of the Gods is a scenic sandstone valley in southeastern Utah near the San Juan River, a major tributary of the Colorado River. (Luis Sinco / Los Angeles Times)
Udall said he has looked over charts showing the reservoirs’ declines over the last 23 years and has wondered at what point “should we have been smarter?” That point, he said, was about a decade ago.
“We’re out of time,” he said. The solutions now will have to be “harsh and drastic.”
Looking back at the 2019 deal, the years of negotiations culminated in an agreement that reflected what was politically possible at the time, said John Entsminger, general manager of the Southern Nevada Water Authority.
“No one was willing to take bigger cuts then,” Entsminger said.
Entsminger said that in 2014, when he started leading the agency, he and his staff were focused on climate projections and the risks of low reservoir levels. That was why, in addition to prioritizing conservation, the agency spent $522 million building a new low-level pumping plant and intake at Lake Mead, which would allow Las Vegas to keep accessing water if the reservoir dropped to “dead pool,” a level at which water would no longer pass through Hoover Dam.
In 2015, when the water authority endorsed the project, Entsminger said he and others hoped they would never have to turn on the pumping plant. But they switched it on this year, and now Las Vegas is relying on the deeper intake.
Entsminger said many water managers who came before him had seen full reservoirs in the 1980s and operated under the assumption that a couple of snowy winters could bring a rebound. In hindsight, he said, “clearly, we should have had bigger cuts sooner.”
Now every water supplier needs to consider how to use less, he said.
“This is a tragedy of the commons situation,” he said. “If we don’t all pitch in and make corrections, Lake Mead and Lake Powell could get to dead pool.”
U.S. cannot fulfill climate change pledges if Manchin won’t vote for clean energy, experts say
Ben Adler, Senior Editor – July 15, 2022
If Sen. Joe Manchin, D-W.Va., will not vote for a budget reconciliation bill that includes the measures to reduce climate change in the version passed by the House of Representatives last year — as the Washington Post reported Thursday night that he would not — it virtually guarantees that the United States will fail to meet its international commitments to reduce the greenhouse gas emissions causing climate change, experts say.
As part of his efforts to galvanize a strong global agreement to avert catastrophic climate change by staying below 1.5 degrees Celsius (2.7 Fahrenheit) in Glasgow, Scotland, last year, President Biden pledged that the U.S. would reduce by at least half its emissions from a 2005 baseline by 2030. Due to the energy sector’s reduction in coal use, the nation is already almost halfway to that goal, with emissions having dropped by about one-fifth since 2005. But getting the rest of the way there is impossible without legislation that hastens the transition from fossil fuels to clean energy, according to modeling by economists, scientists and policy wonks.
Democratic Sen. Joe Manchin with Republican Sen. Shelley Moore Capito, both of West Virginia. (Tom Williams/CQ-Roll Call via Getty Images)
“This appears to be the final installment in the collapse of Democratic hopes for a major legislative package on climate for the 117th Congress,” Barry Rabe, a professor of environmental policy and public policy at the University of Michigan, told Yahoo News in an email about Manchin’s reported stance. “Despite bold initial promises, Congress has once again failed to deliver on a climate bill. This clearly imperils any prospects to honor President Biden’s emission reduction pledge and further challenges American credibility in global climate deliberations.”
On Thursday, the Rhodium Group, a research and data analytics firm specializing in energy and the environment, issued a study showing that the U.S. is on pace to reduce emissions 24% to 35% below 2005 levels by 2030. Absent significant new policies, in other words, the best-case scenario is that the U.S. gets 70% of the way towards Biden’s goal of cutting emissions in half, and it is just as likely to get halfway to the goal.
Manchin had previously signaled support for provisions in the budget bill, formerly known as Biden’s Build Back Better agenda, that would subsidize the deployment of clean energy and electric vehicles. Democrats wanted to spend hundreds of billions of dollars over 10 years on tax credits for purchases such as rooftop solar panels, electric cars and tax credits on incentives for projects such as advanced battery storage and cleaning up industrial processes. Congressional Democrats and Biden had already agreed to drop other climate provisions, such as the Clean Electricity Performance Program, which would have provided incentives for electric utilities that switched to clean energy sources such as wind and solar power, at Manchin’s request.
Solar panels on a rooftop in Los Angeles. (Daniel Slim/AFP via Getty Images)
Previous studies by organizations such as the World Resources Institute (WRI), a leading global environmental think tank, had found that the U.S. could meet Biden’s emissions target, just barely, with the package of climate provisions Manchin had indicated he could support, possibly in exchange for approval of more fossil fuel infrastructure projects.
“Failure to enact a climate-smart budget package would be a devastating setback to achieving the United States’ pledge to cut emissions in half by 2030,” said Dan Lashof, director of WRI United States, in a statement on Friday. “Research shows that strong financial investments, like those under consideration in the budget reconciliation package, are essential for the U.S. to achieve that timeline.”
But on Thursday evening the Washington Post reported that Manchin had told Democratic leaders he would not vote for a bill that includes spending on climate change or tax increases on wealthy individuals and corporations to pay for it. “Senator Manchin believes it’s time for leaders to put political agendas aside, reevaluate and adjust to the economic realities the country faces to avoid taking steps that add fuel to the inflation fire,” said Manchin’s spokesperson Sam Runyon.
On Friday morning, the West Virginia Democrat told a local radio station in his home state that he is open to backing the climate change policies if inflation eases next month. “I said, ‘Chuck, can we just wait until the inflation figures come out in July … and then make a decision what we can do and how much we can do?’” Manchin said, referring to a conversation he had with Senate Majority Leader Chuck Schumer, D-N.Y. “[Schumer] took that as a no, I guess, and came out with this big thing last night. And I don’t know why they did that. I guess to try to put pressure on me, but they’ve been doing that for over a year now. It doesn’t make any sense at all. As far as I’m concerned, I want climate, I want an energy policy.”
Senate Majority Leader Chuck Schumer. (Yuki Iwamura/AFP via Getty Images)
If Manchin doesn’t provide his crucial vote, however, and Republicans gain control of at least one chamber of Congress in November’s midterm elections, there is no hope for legislation to address climate change. And without legislation, the federal government has limited tools at its disposal to reduce emissions. Only Congress can tax and spend. And contrary to Manchin’s reasoning about inflation, a 2021 study by the Rhodium Group found that American households would save an average of about $500 per year on energy bills if the climate package were passed.
“We need to make it more affordable for everyday Americans to get off of fossil fuels,” Leah Stokes, a political scientist who specializes in environmental policy at the University of California, Santa Barbara, told Yahoo News. “Fossil fuels are expensive, they are driving inflation. The bill would have been really great for everyday Americans’ pocketbooks. It would have helped them close the gaps, so that they could afford an electric vehicle, so that they could afford an electric heat pump. There were all these investments that were going to make it easier for utilities to build wind and solar, that were going to make it easier to retire dirty, expensive fossil fuel plants. It really was about helping to invest in climate solutions, so that we can move at a faster pace.”
Using executive authority under existing laws such as the Clean Air Act, the Environmental Protection Agency can require stronger pollution controls and the Department of Interior can restrict fossil fuel development on federal land, but those moves — assuming they survive the inevitable legal challenges from the fossil fuel industry — will only reduce emissions at the margins.
President Biden speaking in Tel Aviv, Israel, on Wednesday. (Kobi Wolf/Bloomberg via Getty Images)
“One of the tragedies of the past 18 months is that the Biden administration has been wary of upsetting these delicate negotiations with Senator Manchin and so they have held back on using the full force of their executive authority,” Stokes said. “That’s not the case going forward, the Biden administration will be acting. It will be much more aggressive on everything from Clean Air Act regulations to limiting fossil fuel development. There’s no reason to delay anymore. So we could be in a slightly better place, if and when the Biden administration kicks into high gear on climate change.
“But getting to the goal is difficult,” she added. “And there is modeling that has estimated what does it mean if the Biden administration uses all the regulations it can and it tends to be, it gets us like five percentage points closer to the goal. So if we’re at 35%, it gets us to 40%, optimistically.”
“We are not currently on track to meeting our international climate commitments or our environmental justice commitments,” Jamal Raad, executive director of Evergreen Action, a climate advocacy group, told Yahoo News. “A major investment was necessary over the next decade to supercharge our transition to clean energy and bring down the cost of wind and solar and ramp up renewable energy production. Without that major investment, it’s hard to see how we meet our commitments.”
Poll Shows Tight Race for Control of Congress as Class Divide Widens
Nate Cohn – July 13, 2022
The fight for control of Congress may come down to the big contrast in voters who cite the economy as their top issue and those who cite abortion and guns as their foremost concern. (Stefani Reynolds/The New York Times)
With President Joe Biden’s approval rating mired in the 30s and with nearly 80% of voters saying the country is heading in the wrong direction, all the ingredients seem to be in place for a Republican sweep in the November midterm elections.
But Democrats and Republicans begin the campaign in a surprisingly close race for control of Congress, according to the first New York Times/Siena College survey of the cycle.
Overall among registered voters, 41% said they preferred Democrats to control Congress compared with 40% who preferred Republican control.
Among likely voters, Republicans led by 1 percentage point, 44% to 43%, reflecting the tendency for the party out of power to enjoy a turnout advantage in midterms.
The results suggest that the wave of mass shootings and the recent Supreme Court decision to overturn Roe v. Wade have at least temporarily insulated the Democrats from an otherwise hostile national political environment while energizing the party’s predominantly liberal activist base.
But the confluence of economic problems and resurgent cultural issues has helped turn the emerging class divide in the Democratic coalition into a chasm, as Republicans appear to be making new inroads among nonwhite and working-class voters — perhaps especially Hispanic voters — who remain more concerned about the economy and inflation than abortion rights and guns.
For the first time in a Times/Siena national survey, Democrats had a larger share of support among white college graduates than among nonwhite voters — a striking indication of the shifting balance of political energy in the Democratic coalition. As recently as the 2016 congressional elections, Democrats won more than 70% of nonwhite voters while losing among white college graduates.
With four months to go until the election, it is far too soon to say whether the campaign will remain focused on issues such as abortion and gun control for long enough for the Democrats to avoid a long-expected midterm rout. If it does, a close national vote would probably translate to a close race for control of Congress, as neither party enjoys a clear structural advantage in the race. Partisan gerrymandering has slightly tilted the map toward the Republicans in the House, but Democrats enjoy the advantages of incumbency and superior fundraising in key districts.
Recent unfavorable news for Democrats, in the form of Supreme Court rulings, and some tragic news nationally might ordinarily mean trouble for the party in power, but that is not what the results suggest.
The survey began 11 days after the Supreme Court’s decision to overturn Roe v. Wade, when cellphones were still buzzing with news alerts about the mass shooting in Highland Park, Illinois.
In an open-ended question, those who volunteered that issues related to guns, abortion or the Supreme Court were the most important problem facing the country represented about 1 in 6 registered voters combined. Those voters preferred Democratic control of Congress, 68% to 8%.
Some of the hot-button cultural issues thought to work to the advantage of Republicans at the beginning of the cycle, such as critical race theory, have faded from the spotlight. Only 4% of voters combined said education, crime or immigration was the most important issue facing the country.
The Times/Siena survey is not the first to suggest that the national political environment has improved for Democrats since the Supreme Court overturned Roe. On average, Democrats have gained about 3 points on the generic congressional ballot compared with surveys taken beforehand.
In the wake of the court’s ruling, the poll finds greater public support for legal abortion than previous Times/Siena surveys. Sixty-five percent of registered voters said abortion should be mostly or always legal, up from 60% of registered voters in September 2020.
The proportion of voters who opposed the court’s decision — 61% — was similar to the share who said they supported Roe v. Wade two years ago.
Democrats are maintaining the loyalty of a crucial sliver of predominantly liberal and highly educated voters who disapprove of Biden’s performance but care more about debates over guns, democracy and the shrinking of abortion rights than the state of the economy.
Voters who said issues related to abortion, guns or threats to democracy were the biggest problem facing the country backed Democrats by a wide margin, 66% to 14%.
For some progressive voters, recent conservative policy victories make it hard to stay on the sidelines.
Lucy Ackerman, a 23-year-old graphic designer in Durham, North Carolina, said Biden had repeatedly failed to live up to election promises. She recently registered with the Democratic Socialists of America. Nonetheless, she has committed herself to getting as many Democrats elected this fall as possible.
She said the Supreme Court’s decision to overturn Roe made politics personal: She and her wife married after the decision leaked, out of fear that the court might roll back same-sex marriage rights next.
“The recent events have given me this push to do more,” she said. “I’ve gotten more involved in political efforts locally. I’ve helped sign friends up to vote.”
The liberal backlash against conservative advances in the court appears to have helped Democrats most among white college graduates, who are relatively liberal and often insulated by their affluence from economic woes. Just 17% of white college-educated Biden voters said an economic issue was the most important one facing the country, less than any other racial or educational group.
Overall, white college graduates preferred Democratic control of Congress, 57-36. Women propelled Democratic strength among the group, with white college-educated women backing Democrats, 64-30. Democrats barely led among white college-educated men, 46-45.
Although the survey does not show an unusually large gender gap, the poll seems to offer some evidence that the court’s abortion ruling may do more to help Democrats among women. Nine percent of women said abortion rights was the most important issue, compared with 1% of men.
The fight for congressional control is very different among the often less affluent, nonwhite and moderate voters who say the economy or inflation is the biggest problem facing the country. They preferred Republican control of Congress, 62% to 25%, even though more than half of the voters who said the economy was the biggest problem also said abortion should be mostly legal.
Just 74% of the voters who backed Biden in the 2020 election, but who said the economy or inflation was the most important problem, said they preferred Democratic control of Congress. In contrast, Democrats were the choice of 87% of Biden voters who saw abortion or guns as the most important issue.
The economy may be helping Republicans most among Hispanic voters, who preferred Democrats to control Congress, 41-38. Although the sample size is small, the finding is consistent with the longer-term deterioration in Democratic support among the group. Hispanics voted for Democrats by almost a 50-point margin in the 2018 midterms, according to data from Pew Research, but President Donald Trump made surprising gains with them in 2020.
No racial or ethnic group was likelier than Hispanic voters to cite the economy or inflation as the most important issue facing the country, with 42% citing an economic problem compared with 35% of non-Hispanic voters.
Republicans also appear poised to expand their already lopsided advantage among white voters without a college degree. They back Republicans by more than a 2 to 1 ratio, 54-23. Even so, nearly one-quarter remain undecided, compared with just 7% of white college graduates.
As less-engaged working-class voters tune in, Republicans may have opportunities for additional gains. Historically, the party out of power excels in midterm elections, in no small part by capitalizing on dissatisfaction with the president’s party.
Only 23% of undecided voters approved of Biden’s job performance.
Silvana Read, a certified nursing assistant who lives outside Tampa, Florida, is one of the Hispanic voters whom Republicans will try to sway to capitalize on widespread dissatisfaction with Biden.
An immigrant from Ecuador, she despised Trump’s comments about women and foreigners but voted for him because her husband convinced her it would help them financially. Now she and her husband, 56 and 60, blame Biden for their falling 401(k)s.
“My husband, he sees the news on the TV, he says, ‘I don’t think I can retire until 75,’” she said. “We can’t afford to finish paying the mortgage.”
Still, her allegiance to the Republican Party does not extend far beyond Trump. She offered no preference in the fight for control of Congress. She does not plan to vote in the midterms.
North Carolina House Speaker Timothy Moore (R) is suing a voter named Rebecca Harper as part of a dispute over a federal electoral map drawn by the state’s Republican-controlled legislature. According to The Carolina Journal, the case will test a legal theory known as the “independent state legislature doctrine,” which asserts that “only the state legislature has the power to regulate federal elections, without interference from state courts.”
Article I, Section 4 of the U.S. Constitution states that the “Times, Places, and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.” Proponents of the “independent state legislature doctrine” argue that this clause gives state legislatures the power to draw congressional districts, set rules for federal elections, and appoint presidential electors, and that state courts have no power to interfere — even if the legislature blatantly violates the state constitution.
Which, in this case, it totally did. The North Carolina Supreme Court ruled in February that the proposed map, which would have guaranteed Republicans easy wins in 10 of the state’s 14 districts, was “unconstitutional beyond a reasonable doubt under the … North Carolina Constitution.”
The situation in North Carolina is not so clear-cut, however. Robert Barnes noted in The Washington Post that the state’s General Assembly passed a law two decades ago empowering state courts to review electoral maps and even create their own “interim districting plan[s].” Moore’s lawyers must therefore prove that the legislature violated the U.S. Constitution by abdicating its own authority over redistricting.
The U.S. Supreme Court rejected the case in March but agreed on June 30 to hear it. Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh have all signaled their openness to Moore’s argument. The Washington Post‘s editorial board suggests that Chief Justice John Roberts — who three years ago left open the possibility that state courts could override partisan gerrymanders — is now “poised” to side with Moore as well. The board considers Justice Amy Coney Barrett “a possible swing vote.” All three of the court’s liberals are expected to reject the independent state legislature doctrine.
The case will be heard during the term beginning in October 2022, with a decision expected in the summer of 2023 — just in time to upend the 2024 elections.
What about the Electoral College?
In January, Ryan Cooper wrote for The Week that the state of Wisconsin “effectively exists under one-party rule.” Democrats can still win statewide elections — say, for governor or U.S. Senate — but state legislative districts are hopelessly gerrymandered in favor of Republicans. If the Supreme Court sides with Moore, GOP-controlled legislatures in states like Wisconsin would have full authority to rig not only their own states’ legislative elections, but elections to the U.S. House of Representatives as well.
And it might not stop there. Article II, Section 1 of the U.S. Constitution empowers each state to “appoint, in such Manner as the Legislature thereof may direct, a Number of Electors” equal to that state’s number of senators and representatives. The clause doesn’t say anything about the popular vote. This means, in theory, that state legislators can appoint whoever they want to the Electoral College. If SCOTUS side with Moore next summer on the question of federal redistricting, they’re likely to apply the same reasoning to presidential elections. This interpretation was floated by conservative justices — including Thomas — during the Bush v. Gore (2000) case that handed George W. Bush the presidency.
The Electoral Count Act of 1887 stipulates that each state’s slate of electors must be certified by the governor of that state. In states like Wisconsin— which has a Democratic governor — this law could prevent the Republican-led legislature from handing the state’s electoral votes to a losing Republican candidate.
But wait — if the independent state legislature doctrine is correct, then the governor has no right to usurp the legislature’s constitutionally granted powers. That provision of the Electoral Count Act (ECA) would be struck down.
This idea “is quickly becoming dogma among Republican legal apparatchiks,” Cooper wrote. Convincing Republican-controlled states won by President Biden to submit alternate slates of Republican electors was a key part of Trump lawyer John Eastman’s strategy to overturn the 2020 presidential election. His plan also rested on the assumption that the ECA is “likely unconstitutional.”
What’s the worst-case scenario?
Zach Praiss of the nonprofit Accountable Tech and progressive talk show host Thom Hartmann have laid out similar nightmare scenarios that could arise if SCOTUS rules in Moore’s favor.
Hartmann imagines a 2024 presidential contest between Biden and Florida Gov. Ron DeSantis in which Biden wins the popular vote in Georgia, North Carolina, Wisconsin, Michigan, Pennsylvania, and Arizona. The GOP-controlled legislatures of these six states then decide to disregard the will of the voters and award their 88 electoral votes to DeSantis, making him the winner and president-elect.
Republicans control both legislative houses in 29 states, plus the unicameral legislature of Nebraska, and they might soon gain the power to gerrymander themselves into a permanent majority. Those states control 306 electoral votes, more than enough to elect a president.
“It is difficult … to see the desire to put sole control of election rules in the hands of a partisan legislative body as anything more than a power grab,” argued Christine Adams in The Washington Post. Laurence H. Tribe and Dennis Aftergut were even blunter in the Los Angeles Times: “Adopting the independent state legislature theory would amount to right-wing justices making up law to create an outcome of one-party rule.”
‘Fatigued’: Republicans eyeing 2024 reluctant to support Trump election lie amid Jan. 6 hearings
Tom LoBianco, Reporter – July 12, 2022
WASHINGTON — For the past six years, backing up Donald Trump on his wildest claims became a veritable art form among ambitious Republicans, but through the run of the Jan. 6 House committee hearings, those same Republicans now eyeing the White House in 2024 have been remarkably quiet about the attack on the Capitol.
On the first anniversary of Jan. 6, 2021, top-tier 2024 contender Ron DeSantis blasted commemorations of the attack as a “smear on Trump supporters.” But in the middle of the hearings last month, instead of repeating Trump’s election lies or conspiracy theories about voter fraud, the Republican Florida governor dismissed talk of Jan. 6 outright, saying it was a “loser” as an issue with voters.
Cassidy Hutchinson, a top aide to former White House chief of staff Mark Meadows, at a hearing of the House Jan. 6 select committee on June 28. (Jabin Botsford/Washington Post via Getty Images)
When former Trump White House aide Cassidy Hutchinson captivated Washington and the country with her testimony that Trump had attempted to wave through rioters carrying military-style weapons past Secret Service security screens and then march with them down Pennsylvania Avenue to join the insurrection, typically outspoken Republicans like Sen. Ted Cruz skipped weighing in all together.
Instead, Cruz launched into a Twitter battle with Elmo of “Sesame Street” over coronavirus vaccines for children, which generated plenty of coverage for the possible 2024 contender. A person familiar with Cruz’s thinking said the Texas senator hasn’t been watching the Jan. 6 hearings and, like other Republican senators, considers the House hearings a “clown show.”
And former Vice President Mike Pence, who was the subject of an entire committee hearing last month headlined by his own top aides, has avoided almost all talk of Jan. 6 — much less any defense of Trump.
The reasons are myriad — Republicans are tired of carrying water for Trump, he’s burned too many bridges, he doesn’t command the power he used to, GOP voters aren’t engaged by Trump’s election lies — but they all land at the same conclusion: This is Trump’s fight alone, according to interviews with more than a half dozen Republican strategists, campaign workers and veteran staffers keeping tabs on the pre-campaign for the party’s nomination in 2024.
“They’re fatigued,” said one former Trump aide. “They feel like, ‘Hey, I don’t agree with everything that happened in the election, I don’t agree with X, Y, Z. But I don’t want to have to relitigate your issues every day.’”
Former President Donald Trump in Las Vegas on July 8. (Bridget Bennett/Getty Images)
For more than a month now, the select committee investigating Trump’s effort to hold onto power, culminating in the Jan. 6 attack on the Capitol, has dominated headlines. And Trump, without the White House or Twitter, has been relegated to sending “truths” from his beleaguered social media company to reporters to stem the deluge of stunning revelations.
A small coterie of House Republicans, led by Jim Jordan and Jim Banks, whom House Speaker Nancy Pelosi refused to seat on the committee, have pushed back on select items from the panel.
But the glaring absence of Trump supporters at the hearings has led to the former president lambasting House Minority Leader Kevin McCarthy for abandoning the committee after fighting with Pelosi over it.
“Unfortunately, a bad decision was made. This committee — it was a bad decision not to have representation on this committee,” Trump told a right-wing radio host last month, shortly after the hearings started.
Most of the Republican Party apparatus has instead been hammering away at the issues they see resonating with their voters — inflation, the rise of China as a global threat, social issues like transgender women participating in female sports and other hot-button topics.
At the same time, Trump’s standing as the de facto frontrunner for the nomination in 2024 has continued to slip, while others like DeSantis are seeing their stock go up. A University of New Hampshire poll released last month showed the Florida governor overtaking Trump in that early-voting state. And a Yahoo/YouGov poll released at the end of June found DeSantis coming within 9 percentage points of ousting Trump as the party favorite for 2024.
Florida Gov. Ron DeSantis at a press conference. (Paul Hennessy/SOPA Images/LightRocket via Getty Images)
And as his standing has dropped throughout the past few months, Trump has been telling Republican operatives who meet with him that he wants to launch a third bid for the White House this summer. One of his advisers noted that Trump had said he planned to announce on July 4, but Independence Day came and went without an announcement.
“It’s the most selfish, f***ed-up thing he can do. He’s got to change the channel, because it’s all bad for him,” one veteran Republican strategist said.
And it’s the years of those games that have caused Republicans to sour on supporting Trump.
“I’ve got two words for you: Mo Brooks,” said another Republican strategist. The Alabama congressman helped Trump attempt to overthrow the 2020 election and was subpoenaed by the House committee as a result, yet Trump still withdrew his endorsement of Brooks for the Senate because Brooks was trailing in the polls.
“He’s broken his word too many times to too many people,” the veteran strategist said. “If you defend him, you look like a lunatic. If you look like a lunatic, he cuts ties.”
Brett Kavanaugh’s Right to Dine Shall Not Be Infringed
Jack Holmes – July 8, 2022
Brett Kavanaugh was nominated to become a member of our nine-person SuperCongress by a president who took office despite earning the votes of millions fewer Americans than his opponent did. That president never enjoyed the support of a majority of citizens and got spanked in the popular vote by an even larger margin—7 million—in the next election. He then tried to overthrow the government to stay in power. Only one of the five other right-wing justices was nominated by a president who took office having secured the support of a majority of actual Americans.
Photo credit: Pool – Getty Images
Brett Kavanaugh was then confirmed by 50 senators who represented just 44 percent of the American population. The 48 senators who voted “nay” represented tens of millions more citizens. Kavanaugh secured the crucial 50th vote of Senator Susan Collins based on her publicly stated belief that he considered Roe v. Wade to be “settled legal precedent.” In the public hearings into the question of his confirmation, where he testified under oath, Kavanaugh said this:
Senator, I said that it is settled as a precedent of the Supreme Court, entitled the respect under principles of stare decisis. And one of the important things to keep in mind about Roe v. Wade is that it has been reaffirmed many times over the past 45 years, as you know, and most prominently, most importantly, reaffirmed in Planned Parenthood v. Casey in 1992.
And as you well recall, senator, I know when that case came up, the Supreme Court did not just reaffirm it in passing. The court specifically went through all the factors of stare decisis in considering whether to overrule it, and the joint opinion of Justice Kennedy, Justice O’Connor and Justice Souter, at great length went through those factors.
And then, a couple of weeks ago, Kavanaugh voted with the five other Republicans on the Court to overrule Roe v. Wade and Planned Parenthood v. Casey.
If you have a problem with any of this—unelected judges selected by presidents who got fewer votes and confirmed by senators who represent a minority of citizens making policy without regard for legal precedent or their own previous statements under oath—you don’t seem to have much recourse.
You can’t vote the superlegislators out. It is unreasonable to expect any will be impeached thanks to the entrenched advantages that allow Republicans outsize control of the Senate. Even the House of Representatives is dangerously skewed, thanks to gerrymandered redistricting maps and the hyperpolarization they help to generate. The reason Senate Republican leader Mitch McConnell and others worked so hard to seize control of the judiciary was precisely because so many other institutions have ceased to function properly. Even if you do succeed in electing representatives to make policy through the legislature—after this same Court savaged the Voting Rights Act and unleashed an avalanche of money in our elections—the courts can throw out whatever they choose.
Photo credit: Bill Clark – Getty Images
You cannot protest at the steps of the Supreme Court, as they’ve walled that shit off. You can’t protest at the justices’ houses, and there’s some merit to the idea that private residences—where spouses and children are in the mix—should be off-limits. (Of course, in the case of Clarence Thomas, his spouse has very much been in the mix.) But you can’t protest in neutral public venues, either, even if you’re on a city street outside a restaurant. We learned that this weekend, when Mr. Kavanaugh was disturbed during a meal at a Washington, D.C. steakhouse, as reported by the Beltway encyclical known as Politico Playbook:
On Wednesday night, D.C. protesters targeting the conservative Supreme Court justices who signed onto the Dobbs decision overturning the constitutional right to abortion got a tip that Justice BRETT KAVANAUGH was dining at Morton’s downtown D.C. location. Protesters soon showed up out front, called the manager to tell him to kick Kavanaugh out and later tweeted that the justice was forced to exit through the rear of the restaurant.
We have returned, inevitably, to Red-Henghazi. Do public figures who make the rules we all have to live by get to do whatever they want at all times without any social repercussions? Do they have some right to privacy in public spaces, despite choosing to wield huge power over others in a democratic republic? Morton’s seems to think so.
“Honorable Supreme Court Justice Kavanaugh and all of our other patrons at the restaurant were unduly harassed by unruly protestors while eating dinner at our Morton’s restaurant. Politics, regardless of your side or views, should not trample the freedom at play of the right to congregate and eat dinner. There is a time and place for everything. Disturbing the dinner of all of our customers was an act of selfishness and void of decency.”
The right to eat dinner shall not be infringed. (Particularly by the Unduly Unruly.) Which, according to Politico‘s Daniel Lippman, it was not.
While the court had no official comment on Kavanaugh’s behalf and a person familiar with the situation said he did not hear or see the protesters and ate a full meal but left before dessert, Morton’s was outraged about the incident.
The right to tiramisu shall not be infringed. Seriously, though, at this point we’re talking about what appears to be a complete non-incident. He went out the back because he heard secondhand there were some folks out front?
But even if the honorable justice had to hear the urban rabble outside—described by Politico as “D.C. protestors”—tell him to fuck himself while he chowed down on a ribeye, what exactly is the problem here? The protesters are exercising their rights to speech and “peaceably to assemble, and to petition the Government for a redress of grievances.” Kavanaugh and the others may fashion themselves as blind arbiters of the law, but in reality they are agents of state power, representing the Government. And they have generated some grievances.
Meanwhile, we’re hearing about Brett the Honorable’s right to dine, what we can only assume is an unenumerated one under the Ninth Amendment. It also sounds more than somewhat related to the right to privacy—also rooted in the Ninth—which undergirded Roe and Casey before these six luminaries threw those decisions out. Justice Clarence Thomas has signaled they’re interested in going after the right to privacy itself with a so-called reconsiderationof Griswold v. Connecticut, a move that would go way beyond contraception. Although the prospect of this Republican Court empowering states controlled by their ideological allies to restrict women’s access to the pill in the Year of Our Lord 2022 does have a particular resonance.
And if that happens, you can expect the same bullshit routine from these same people. The work of working the refs is never done, and the self-victimization will never stop. This is the same impulse undergirding much of the Cancel Culture debate: while social-media mobs and a lack of due process are real problems, many of the fiercest Free Speech Warriors actually see free speech as their right to say whatever they want without getting criticized or made fun of. Similarly, these right-wing superlegislators believe they should be able to nakedly advance the policy priorities of the conservative movement by reverse-engineering decisions to meet preordained conclusions, all the while battering the lives of powerless people, without ever getting called an asshole while they drink a $300 bottle of wine. There are consequences for behaving badly in public office, at least until these people are finished savaging the foundations of this democratic republic. Or until the Democratic Party finds the stones to nix the Senate filibuster, expand the Supreme Court, reform the judiciary, and restore the people’s means of translating their will into the law we all are bound to live by.