Texas Strives to Be # 1 at Infant and Maternal Deaths: Texas’ anti-abortion heartbeat law aimed to save babies, but more infants died.

USA Today

Texas’ anti-abortion heartbeat law aimed to save babies, but more infants died.

Eduardo Cuevas, USA TODAY – June 24, 2024

Texas lawmakers touted their heartbeat law as a crusade to save lives, but the reality of the state’s near-total ban on abortion has been deadly.

Hundreds of babies died after the law went into effect, according to a new study published Monday.

The findings in JAMA Pediatrics show that infant deaths rose after Texas’ Senate Bill 8, which banned all abortion after about six weeks from conception. SB 8 became Texas law in September 2021 and U.S. Supreme Court overturned the constitutional right to abortion just over nine months later, on June 24, 2022. The high court ruling in the Dobbs case prompted more than a dozen states to issue near-total bans on abortion. Observers speculate that evidence will also show increases in infant deaths in those states, akin to what Texas has seen, the study said.

“It just points to some of the devastating consequences of abortion bans that maybe people weren’t thinking about when they passed these laws,” Alison Gemmill, an assistant professor at Johns Hopkins University’s Bloomberg School of Public Health who authored the study, told USA TODAY. She called the deaths following the Texas heartbeat law its “spillover effects on moms and babies.”

Abortion bans: More than 171K patients traveled out-of-state for abortions in 2023, new data shows

Texas Attorney General Ken Paxton, right, speaks at a pro-life leaders press conference on Feb. 28, 2022, outside the state capitol. The event was held to celebrate the six month anniversary of the Texas Heartbeat Act. Briana Sanchez, Austin American-Statesman
Texas Attorney General Ken Paxton, right, speaks at a pro-life leaders press conference on Feb. 28, 2022, outside the state capitol. The event was held to celebrate the six month anniversary of the Texas Heartbeat Act. Briana Sanchez, Austin American-Statesman

In the wake of the law’s passage in Texas, more babies died before their first birthday, likely due to birth defects or genetic problems that wouldn’t have allowed them to live, the study found. These pregnancies would typically have been terminated by abortion, according to researchers. The Texas heartbeat law does not provide exceptions for pregnancies involving such conditions. Mothers are legally obligated to carry these babies to birth under state law.

In the peer-reviewed Journal of the American Medical Association, Gemmill and researchers from Johns Hopkins and Michigan State University wrote that the Texas law was linked to “unexpected increases in infant and neonatal deaths” between 2021 and 2022. Prior research drew a correlation between the uptick in infant deaths and anti-abortion laws taking effect, however, no studies until now have attributed the fatalities directly to the laws prohibiting the termination of these pregnancies.

“Abortion care is an essential component of comprehensive healthcare, and when it is restricted, the human impacts are devastating,” Wendy Davis, a senior adviser for Planned Parenthood Texas Votes, said in a statement. Davis, who filibustered for abortion rights when she was a Democratic state senator, noted that the study only covered 2022, not the results in 2023 and 2024 in the wake of a more restrictive abortion ban that came with the Dobbs decision. This “likely means the situation on the ground today is even more dire,” Davis said.

Texas Gov. Greg Abbott’s office did not dispute the study’s findings but defended the Republican-controlled state’s anti-abortion record. This effort included the 2021 heartbeat law “to save the innocent unborn, and now thousands of children have been given a chance at life,” Andrew Mahaleris, a spokesperson for Abbott, said in a statement to USA TODAY. He said the governor has taken “significant action to protect the sanctity of life” and offered resources to expectant mothers “so they can choose life for their child.”

Anti-abortion advocates also didn’t contest the uptick in infant deaths cited in the study. Advocates for the heartbeat law and other legislation to restrict abortions say such bans protect life. They say terminating a fetus with a terminal illness is “choosing to kill that child intentionally.”

The overwhelming majority of such abortions happen before the fetus is viable. In Texas, legislation has dramatically reduced the number of abortions performed in the state.

Amy O’Donnell, a spokesperson for Texas Alliance for Life, said the study’s findings didn’t come as a surprise. She said babies born with disabilities and even fatal anomalies deserve a chance at life, even if that means a newborn dies after birth from a condition doctors anticipated would be lethal. The death of a child is not easy, she acknowledged. She noted that her nonprofit offers resources for families grieving from such losses.

“In Texas, we celebrate every unborn child’s life saved. We treasure the fact that our laws are protecting women’s lives,” she said. “We don’t apologize for the fact that we don’t support discrimination against children facing disabilities or fatal diagnoses in or out of the womb. And that’s the line that we just believe should not be crossed.”

Gemmill, of Johns Hopkins, said babies that died shortly after being born with birth defects “probably caused a lot of unnecessary trauma to families.”

Maternal health: Chronic hypertension has soared among pregnant women. Treatment is not keeping pace

Abortion rights (in orange) and anti-abortion advocates (in blue) rally in the rotunda of the State Capitol, as the state Senate meets to consider legislation restricting abortion rights in Austin, Texas on July 12, 2013. Mike Stone, Reuters.
Abortion rights (in orange) and anti-abortion advocates (in blue) rally in the rotunda of the State Capitol, as the state Senate meets to consider legislation restricting abortion rights in Austin, Texas on July 12, 2013. Mike Stone, Reuters.

The researchers examined death records beginning after the heartbeat law went into effect. The study created a “synthetic Texas” that simulated outcomes that would have happened had the law not been in effect and compared the numbers to national trends during that period. In 2021, 1,985 Texas infants died before their first birthday. The next year, with S.B. 8 in effect, the fatalities jumped to 2,240, a 12.9% increase that came as the U.S. experienced an overall increase of less than 2%. Deaths attributable to congenital anomalies or birth defects spiked nearly 23% in Texas compared to a 3% decrease nationally.

“It suggests that, really, this policy was responsible for this increase in infant deaths in Texas,” Gemmill said.

The study is significant because of Texas’ role as a conservative state with urban and rural areas that may reflect what happens in the rest of the U.S., according to Dr. Tracey Wilkinson, an associate professor of pediatrics and obstetrics and gynecology at the Indiana University School of Medicine. Texas has been living under restrictions longer than other states that enacted abortion bans after the Dobbs ruling.

“When people ask me why this is happening, it’s really simple,” said Wilkinson, who was not involved with the new study. “When you take away people’s ability to make decisions (about) if and when they have pregnancies, you’re going to see outcomes like increasing infant and maternal mortality.”

In this file photo, anti-abortion activists stand in the Texas State Capitol to protest an International Women's Day sit-in for abortion rights on March 8, 2023. Sara Diggins, Austin American-Statesman.
In this file photo, anti-abortion activists stand in the Texas State Capitol to protest an International Women’s Day sit-in for abortion rights on March 8, 2023. Sara Diggins, Austin American-Statesman.

The study did not examine the effects of infant deaths on the health of mothers who were legally required to deliver dead babies to term, nor did it look at the mental health effects of carrying infants and delivering them, only to see them die. The study also raises but does not tackle questions about the financial cost to families of carrying and delivering terminally ill newborns.

Gemmill is now working to understand the impact of abortion restrictions on parents of different races and ethnicities. Prior research has shown that Black mothers and babies face higher death rates than other groups.

The study reflects what Molly Duane, a senior staff attorney at the abortion rights advocacy nonprofit Center for Reproductive Rights, has seen in the courtroom arguing against Texas’ laws. She recently represented women who sued the state after they were denied medical abortions. One of her clients, Samatha Casiano, was required by law to carry a child that developed without a brain. In late May, the Texas Supreme Court ruled pregnant patients must have a “life-threatening condition” in order to terminate a pregnancy.

Duane questioned the claim by anti-abortion activists that Texas is a “pro-life” state, given the study’s findings. “Women are hurting, families are hurting, babies are dying, and no one in the state is taking responsibility for any of that real human suffering,” she said.

In late 2023, a U.S. Centers for Disease Control and Prevention report found increases in infant deaths for the first time in more than 20 years. The states identified in the report with increased fatalities were states that restricted abortion access, however, experts cautioned at the time that they could not say what had caused the spike in fatalities.

The Texas study went one step further, finding one state where abortion restrictions resulted in more deaths.

A Foreign Policy for the World as It Is

Foreign Affairs

A Foreign Policy for the World as It Is

Biden and the Search for a New American Strategy

By Ben Rhodes – July – August, Published on June 18, 2024

Álvaro Bernis

“America is back.” In the early days of his presidency, Joe Biden repeated those words as a starting point for his foreign policy. The phrase offered a bumper-sticker slogan to pivot away from Donald Trump’s chaotic leadership. It also suggested that the United States could reclaim its self-conception as a virtuous hegemon, that it could make the rules-based international order great again. Yet even though a return to competent normalcy was in order, the Biden administration’s mindset of restoration has occasionally struggled against the currents of our disordered times. An updated conception of U.S. leadership—one tailored to a world that has moved on from American primacy and the eccentricities of American politics—is necessary to minimize enormous risks and pursue new opportunities.

To be sure, Biden’s initial pledge was a balm to many after Trump’s presidency ended in the dual catastrophes of COVID-19 and the January 6 insurrection. Yet two challenges largely beyond the Biden administration’s control shadowed the message of superpower restoration. First was the specter of Trump’s return. Allies watched nervously as the former president maintained his grip on the Republican Party and Washington remained mired in dysfunction. Autocratic adversaries, most notably Russian President Vladimir Putin, bet on Washington’s lack of staying power. New multilateral agreements akin to the Iran nuclear deal, the Paris agreement on climate change, or the Trans-Pacific Partnership were impossible, given the vertiginous swings in U.S. foreign policy.

Second, the old rules-based international order doesn’t really exist anymore. Sure, the laws, structures, and summits remain in place. But core institutions such as the UN Security Council and the World Trade Organization are tied in knots by disagreements among their members. Russia is committed to disrupting U.S.-fortified norms. China is committed to building its own alternative order. On trade and industrial policy, even Washington is moving away from core tenets of post–Cold War globalization. Regional powers such as Brazil, India, Turkey, and the Gulf states pick and choose which partner to plug into depending on the issue. Even the high-water mark for multilateral action in the Biden years—support for Ukraine in its fight against Russia—remains a largely Western initiative. As the old order unravels, these overlapping blocs are competing over what will replace it.

Biden victory in this fall’s election would offer reassurance that the particular risk of another Trump presidency has passed, but that will not vanquish the forces of disorder. To date, Washington has failed to do the necessary audit of the ways its post–Cold War foreign policy discredited U.S. leadership. The “war on terror” emboldened autocrats, misallocated resources, fueled a global migration crisis, and contributed to an arc of instability from South Asia through North Africa. The free-market prescriptions of the so-called Washington consensus ended in a financial crisis that opened the door to populists railing against out-of-touch elites. The overuse of sanctions led to increased workarounds and global fatigue with Washington’s weaponization of the dollar’s dominance. Over the last two decades, American lectures on democracy have increasingly been tuned out.

Indeed, after Hamas’s October 7 attack on Israel and the Israeli military campaign in Gaza, American rhetoric about the rules-based international order has been seen around the world on a split screen of hypocrisy, as Washington has supplied the Israeli government with weapons used to bombard Palestinian civilians with impunity. The war has created a policy challenge for an administration that criticizes Russia for the same indiscriminate tactics that Israel has used in Gaza, a political challenge for a Democratic Party with core constituencies who don’t understand why the president has supported a far-right government that ignores the United States’ advice, and a moral crisis for a country whose foreign policy purports to be driven by universal values. Put simply: Gaza should shock Washington out of the muscle memory that guides too many of its actions.

If Biden does win a second term, he should use it to build on those of his policies that have accounted for shifting global realities, while pivoting away from the political considerations, maximalism, and Western-centric view that have caused his administration to make some of the same mistakes as its predecessors. The stakes are high. Whoever is president in the coming years will have to avoid global war, respond to the escalating climate crisis, and grapple with the rise of new technologies such as artificial intelligence. Meeting the moment requires abandoning a mindset of American primacy and recognizing that the world will be a turbulent place for years to come. Above all, it requires building a bridge to the future—not the past.

THE TRUMP THREAT

One of Biden’s mantras is “Don’t compare me to the Almighty; compare me to the alternative.” As the presidential campaign heats up, it is worth heeding this advice. But to properly outline the dangers of a second Trump term, it is necessary to take Trump’s arguments seriously, despite the unserious form they often take. Much of what Trump says resonates broadly. Americans are tired of wars; indeed, his takeover of the Republican Party would have been impossible without the Iraq war, which discredited the GOP establishment. Americans also no longer trust their elites. Although Trump’s rhetoric about a “deep state” moves quickly into baseless conspiracy theory, it strikes a chord with voters who wonder why so many of the politicians who promised victories in Afghanistan and Iraq were never held to account. And although Trump’s willingness to cut off assistance to Ukraine is abhorrent to many, there is a potent populism to it. How long will the United States spend tens of billions of dollars helping a country whose stated aim—the recapture of all Ukrainian territory—seems unachievable?

Trump has also harnessed a populist backlash to globalization from both the right and the left. Particularly since the 2008 financial crisis, large swaths of the public in democracies have simmered with discontent over widening inequality, deindustrialization, and a perceived loss of control and lack of meaning. It is no wonder that the exemplars of post–Cold War globalization—free trade agreements, the U.S.-Chinese relationship, and the instruments of international economic cooperation itself—have become ripe targets for Trump. When Trump’s more punitive approaches to rivals, such as his trade war with China, didn’t precipitate all the calamities that some had predicted, his taboo-breaking approach appeared to be validated. The United States, it turned out, did have leverage.

But offering a potent critique of problems should not be confused with having the right solutions to them. To begin with, Trump’s own presidency seeded much of the chaos that Biden has faced. Time and again, Trump pursued politically motivated shortcuts that made things worse. To end the war in Afghanistan, he cut a deal with the Taliban over the heads of the Afghan people, setting a timeline for withdrawal that was shorter than the one Biden eventually adopted. Trump pulled out of the Iran nuclear deal despite Iranian compliance, unshackling the country’s nuclear program, escalating a proxy war across the Middle East, and sowing doubt across the world about whether the United States keeps its word. By moving the U.S. embassy in Israel from Tel Aviv to Jerusalem, recognizing the annexation of the Golan Heights, and pursuing the Abraham Accords, he cut the Palestinians out of Arab-Israeli normalization and emboldened Israel’s far right, lighting a fuse that detonated in the current war.

Although Trump’s tougher line with China demonstrated the United States’ leverage, it was episodic and uncoordinated with allies. As a result, Beijing was able to cast itself as a more predictable partner to much of the world, while the supply chain disruptions caused by trade disputes and decoupling created new inefficiencies—and drove up costs—in the global economy. Trump’s lurch from confronting to embracing Kim Jong Un enabled the North Korean leader to advance his nuclear and missile programs under reduced pressure. Closer to home, Trump’s recognition of an alternative Venezuelan government under the opposition leader Juan Guaidó managed to strengthen the incumbent Nicolás Maduro’s hold on power. The “maximum pressure” policy toward Venezuela and Cuba, which sought to promote regime change through crippling sanctions and diplomatic isolation, fueled humanitarian crises that have sent hundreds of thousands of people to the United States’ southern border.

Biden in Washington, D.C., May 2024Evelyn Hockstein / Reuters

A second Trump term would start amid a more volatile global environment than his first, and there would be fewer guardrails constraining a president who would be in command of his party, surrounded by loyalists, and freed from ever having to face voters again. Although there are many risks, three stand out. First, Trump’s blend of strongman nationalism and isolationism could create a permission structure for aggression. A withdrawal of U.S. support for Ukraine—and, perhaps, for NATO itself—would embolden Putin to push deeper into the country. Were Washington to abandon its European allies and promote right-wing nationalism, it could exacerbate political fissures within Europe, emboldening Russian-aligned nationalists in such places as Hungary and Serbia who have echoed Putin in seeking to reunite ethnic populations in neighboring states.

Despite U.S.-Chinese tensions, East Asia has avoided the outright conflict of Europe and the Middle East. But consider the opportunity that a Trump victory would present to North Korea. Fortified by increased Russian technological assistance, Kim could ratchet up military provocations on the Korean Peninsula, believing that he has a friend in the White House. Meanwhile, according to U.S. assessments, China’s military will be ready for an invasion of Taiwan by 2027. If Chinese leader Xi Jinping truly wishes to forcibly bring Taiwan under Beijing’s sovereignty, the twilight of a Trump presidency—by which point the United States would likely be alienated from its traditional allies—could present an opening.

Second, if given the chance, Trump has made it clear that he would almost certainly roll back American democracy, a move that would reverberate globally. If his first election represented a one-off disruption to the democratic world, his second would more definitively validate an international trend toward ethnonationalism and authoritarian populism. Momentum could swing further in the direction of far-right parties in Europe, performative populists in the Americas, and nepotistic and transactional corruption in Asia and Africa. Consider for a moment the aging roster of strongmen who will likely still be leading other powers—not just Xi and Putin but also Narendra Modi in India, Benjamin Netanyahu in Israel, Ali Khamenei in Iran, and Recep Tayyip Erdogan in Turkey. To say the least, this cast of characters is unlikely to promote respect for democratic norms within borders or conciliation beyond them.

This leads to the third danger. In the coming years, leaders will increasingly be confronted with global problems that can be managed or solved only through cooperation. As the climate crisis worsens, a Trump presidency would make a coordinated international response much harder and validate the backlash against environmental policies that has been building within advanced economies. At the same time, artificial intelligence is poised to take off, creating both valuable opportunities and enormous risks. At a moment when the United States should be turning to diplomacy to avoid wars, establish new norms, and promote greater international cooperation, the country would be led by an “America first” strongman.

A TIME TO HEAL

In any administration, national security policy is a peculiar mix of long-standing commitments, old political interests, new presidential initiatives, and improvised responses to sudden crises. Navigating the rough currents of the world, the Biden administration has often seemed to embody the contradictions of this dynamic, with one foot in the past, yearning nostalgically for American primacy, and one foot in the future, adjusting to the emerging world as it is.

Through its affirmative agenda, the administration has reacted well to changing realities. Biden linked domestic and foreign policy through his legislative agenda. The CHIPS Act made substantial investments in science and innovation, including the domestic manufacturing of semiconductors. The act worked in parallel with ramped-up export and investment controls on China’s high-tech sector, which have buttressed the United States’ lead in the development of new technologies such as AI and quantum computing. Although this story is more complicated to tell than one about a tariff-based trade war, Biden’s policy is in fact more coherent: revitalize U.S. innovation and advanced manufacturing, disentangle critical supply chains from China, and maintain a lead for U.S. companies in developing new and potentially transformative technologies.

Gaza should shock Washington out of the muscle memory that guides too many of its actions.

Biden’s most significant piece of legislation, the Inflation Reduction Act, made enormous investments in clean energy technology. These investments will allow the United States to raise its ambition in meeting climate goals by pushing domestic industry and global markets to shift away from fossil fuels faster. Although this breakthrough enhanced U.S. credibility on climate change, it also created new challenges, as even allies have complained that Washington resorted to subsidies instead of pursuing coordinated cross-border approaches to reduce emissions. In this respect, however, the Biden administration was dealing with the world as it is. Congress cannot pass complex reforms such as putting a price on carbon; what it can do is pass large spending bills that invest in the United States.

Despite tensions over U.S. industrial policy, the Biden administration has effectively reinvested in alliances that frayed under Trump. That effort has tacitly acknowledged that the world now features competing blocs, which makes it harder for the United States to pursue major initiatives by working through large international institutions or with other members of the great-power club. Instead, Washington has prioritized groupings of like-minded countries that are, to use a catch phrase, “fit for purpose.” Collaboration with the United Kingdom and Australia on nuclear submarine technology. New infrastructure and AI initiatives through the G-7. Structured efforts to create more consultation among U.S. allies in the Indo-Pacific. This approach involves a dizzying number of parts; one can lose track of the number of regional consultative groups that now exist. But in the context of an unraveled international order, it makes sense to thread together cooperation where possible, while trying to turn new habits of cooperation into enduring arrangements.

Most notably, Biden’s reinvestment in European alliances paid off when Washington was able to swiftly mobilize support for Ukraine in 2022. This task was made easier by the administration’s innovative release of intelligence on Russia’s intentions to invade, an overdue reform of the way that Washington manages information. Although the war has reached a tenuous stalemate, the effort to fortify transatlantic institutions continues to advance. NATO has grown in size, relevance, and resourcing. European Union institutions have taken a more proactive role in foreign policy, most notably in coordinating support for Ukraine and accelerating its candidacy for EU membership. For all the understandable consternation about Washington’s struggle to pass a recent aid bill for Ukraine, Europe’s focus on its own institutions and capabilities was long overdue.

SLOW TO CHANGE

Yet there are three important ways in which the Biden administration has yet to recalibrate its approach to the world of post-American primacy. The first has to do with American politics. On several issues that engender controversy in Congress, the administration has constrained or distorted its options by preemptively deferring to outdated hard-liners. Even as Trump has demonstrated how the left-right axis has been scrambled on foreign policy, Biden at times feels trapped in the national security politics of the immediate post-9/11 era. Yet what once allowed a politician to appear tough to appease hawks in Washington was rarely good policy; now, it is no longer necessarily good politics.

In Latin America, the Biden administration was slow to pivot away from Trump’s “maximum pressure” campaigns on Venezuela and Cuba. Biden maintained, for example, the avalanche of sanctions that Trump imposed on Cuba, including the cynical return of that country to the State Department’s list of state sponsors of terrorism just before leaving office, in January 2021. The result has been an acute humanitarian crisis in which U.S. sanctions exacerbated shortages of basic staples such as food and fuel, contributing to widespread suffering and migration. In the Middle East, the administration failed to move swiftly to reenter the politically contested Iran nuclear deal, opting instead to pursue what Biden called a “longer and stronger” agreement, even though Trump was the one who violated the deal’s terms. Instead, the administration embraced Trump’s Abraham Accords as central to its Middle East policy while reverting to confrontation with Iran. This effectively embraced Netanyahu’s preferred course: a shift away from pursuing a two-state solution to the Israeli-Palestinian conflict and toward an open-ended proxy war with Tehran.

Anyone who has worked at the nexus of U.S. politics and national security knows that avoiding friction with anti-Cuban and pro-Israeli hard-liners in Congress can feel like the path of least resistance. But that logic has turned into a trap. After October 7, Biden decided to pursue a strategy of fully embracing Netanyahu—insisting (for a time) that any criticism would be issued in private and that U.S. military assistance would not be conditioned on the actions of the Israeli government. This engendered immediate goodwill in Israel, but it preemptively eliminated U.S. leverage. It also overlooked the far-right nature of Netanyahu’s governing coalition, which offered warning signs about the indiscriminate way in which it planned to prosecute its military campaign, as Israeli officials cut off food and water flowing into Gaza within days of Hamas’s attack. In the months that followed, the administration has been trying to catch up to a deteriorating situation, evolving from a strategy of embracing Netanyahu, to one of issuing rhetorical demands that were largely ignored, to one of partial restrictions on offensive military assistance. Ironically, by being mindful of the political risks of breaking with Netanyahu, Biden invited greater political risks from within the Democratic coalition and around the world.

The temptation to succumb to Washington’s outdated instincts has contributed to a second liability: the pursuit of maximalist objectives. The administration has shown some prudence in this area. Even as competition ramped up with China, Biden has worked over the last year to rebuild lines of communication with Beijing and has largely avoided provocative pronouncements on Taiwan. And even as he committed the United States to helping Ukraine defend itself, Biden set the objective of avoiding a direct war between the United States and Russia (although his rhetoric did drift into endorsing regime change in Moscow). The bigger challenge has at times come from outside the administration, as some supporters of Ukraine indulged in a premature triumphalism that raised impossible expectations for last year’s Ukrainian counteroffensive. Paradoxically, this impulse ended up hurting Ukraine: when the campaign inevitably came up short, it made the broader U.S. policy toward Ukraine look like a failure. Sustaining support for Ukraine will require greater transparency about what is achievable in the near term and an openness to negotiations in the medium term.

Biden and U.S. officials meeting with a Chinese delegation in Woodside, California, November 2023 Kevin Lamarque / Reuters

Gaza also showcases the danger of maximalist aims. Israel’s stated objective of destroying Hamas has never been achievable. Since Hamas would never announce its own surrender, pursuing this goal would require a perpetual Israeli occupation of Gaza or the mass displacement of its people. That outcome may be what some Israeli officials really want, as evidenced by right-wing ministers’ own statements. It is certainly what many people around the world, horrified by the campaign in Gaza, believe the Israeli government really wants. These critics wonder why Washington would support such a campaign, even as its own rhetoric opposes it. Instead of seeking to moderate Israel’s unsustainable course, Washington needs to use its leverage to press for negotiated agreements, Palestinian state building, and a conception of Israeli security that is not beholden to expansionism or permanent occupation.

Indeed, too many prescriptions sound good in Washington but fail to account for simple realities. Even with the United States’ military advantage, China will develop advanced technologies and maintain its claim over Taiwan. Even with sustained U.S. support, Ukraine will have to live next to a large, nationalist, nuclear-armed Russia. Even with its military dominance, Israel cannot eliminate the Palestinian demand for self-determination. If Washington allows foreign policy to be driven by zero-sum maximalist demands, it risks a choice between open-ended conflict and embarrassment.

This leads to the third way in which Washington must change its approach. Too often, the United States has appeared unable or unwilling to see itself through the eyes of most of the world’s population, particularly people in the global South who feel that the international order is not designed for their benefit. The Biden administration has made laudable efforts to change this perceptionfor instance, delivering COVID-19 vaccines across the developing world, mediating conflicts from Ethiopia to Sudan, and sending food aid to places hit hard by shortages exacerbated by the war in Ukraine. Yet the overuse of sanctions, along with the prioritization of Ukraine and other U.S. geopolitical interests, misreads the room. To build better ties with developing countries, Washington needs to consistently prioritize the issues they care about: investment, technology, and clean energy.

Once again, Gaza interacts with this challenge. To be blunt: for much of the world, it appears that Washington doesn’t value the lives of Palestinian children as much as it values the lives of Israelis or Ukrainians. Unconditional military aid to Israel, questioning the Palestinian death toll, vetoing cease-fire resolutions at the UN Security Council, and criticizing investigations into alleged Israeli war crimes may all feel like autopilot in Washington—but that’s precisely the problem. Much of the world now hears U.S. rhetoric about human rights and the rule of law as cynical rather than aspirational, particularly when it fails to wrestle with double standards. Total consistency is unattainable in foreign policy. But by listening and responding to more diverse voices from around the world, Washington could begin to build a reservoir of goodwill.

A FAREWELL TO PRIMACY

In its more affirmative agenda, the Biden administration is repositioning the United States for a changing world by focusing on the resilience of its own democracy and economy while rebooting alliances in Europe and Asia. To extend that regeneration into something more global and lasting, it should abandon the pursuit of primacy while embracing an agenda that can resonate with more of the world’s governments and people.

As was the case in the Cold War, the most important foreign policy achievement will simply be avoiding World War III. Washington must recognize that all three fault lines of global conflict today—Russia-Ukraine, Iran-Israel, and China-Taiwan—run across territories just beyond the reach of U.S. treaty obligations. In other words, these are not areas where the American people have been prepared to go to war directly. With little public support and no legal obligation to do that, Washington should not count on bluffing or military buildups alone to resolve these issues; instead, it will have to focus relentlessly on diplomacy, buttressed by reassurance to frontline partners that there are alternative pathways to achieving security.

Avoiding friction with anti-Cuban and pro-Israeli hard-liners in Congress can feel like the path of least resistance.

In Ukraine, the United States and Europe should focus on protecting and investing in the territory controlled by the Ukrainian government—drawing Ukraine into European institutions, sustaining its economy, and fortifying it for lengthy negotiations with Moscow so that time works in Kyiv’s favor. In the Middle East, Washington should join with Arab and European partners to work directly with Palestinians on the development of new leadership and toward the recognition of a Palestinian state, while supporting Israel’s security. Regional de-escalation with Iran should, as it did during the Obama administration, begin with negotiated restrictions on its nuclear program. In Taiwan, the United States should try to preserve the status quo by investing in Taiwanese military capabilities while avoiding saber rattling, by structuring engagement with Beijing to avoid miscalculation, and by mobilizing international support for a negotiated, peaceful resolution to Taiwan’s status.

Hawks will inevitably attack diplomacy on each of these issues with tired charges of appeasement, but consider the alternative of seeking the total defeat of Russia, regime change in Iran, and Taiwanese independence. Can Washington, or the world, risk a drift into global conflagration? Moreover, the reality is that sanctions and military aid alone will not stop war from spreading or somehow cause the governments of Russia, Iran, and China to collapse. Better outcomes, including within those countries, will be more attainable if Washington takes a longer view. Ultimately, the health of the United States’ own political model and society is a more powerful force for change than purely punitive measures. Indeed, one lesson that is lost on today’s hawks is that the civil rights movement did far more to win the Cold War than the war in Vietnam did.

None of this will be easy, and success is not preordained, since unreliable adversaries also have agency. But given the stakes, it is worth exploring how a world of competing superpower blocs could be knitted into coexistence and negotiation on issues that cannot be dealt with in isolation. For instance, AI presents one area in which nascent dialogue between Washington and Beijing should evolve into the pursuit of shared international norms. Laudable U.S. efforts to pursue collaborative research on AI safety with like-minded countries will inevitably have to expand to further include China in higher-level and more consequential talks. These efforts should seek agreement on the mitigation of extreme harms, from the use of AI in developing nuclear and biological weapons to the arrival of artificial general intelligence, an advanced form of AI that risks surpassing human capacities and controls. At the same time, as AI moves out into the world, the United States can use its leadership to work with countries that are eager to harness the technology for positive ends, particularly in the developing world. The United States could offer incentives for countries to cooperate with Washington on both AI safety and affirmative uses of new technologies.

Biden and Saudi Crown Prince Mohammed bin Salman in Jeddah, Saudi Arabia, July 2022
Mandel Ngan / Reuters

A similar dynamic is required on clean energy. If there is a second Biden administration, most of its efforts to combat climate change will likely shift from domestic action to international cooperation, particularly if there is divided government in Washington. As the United States works to secure supply chains for critical minerals used for clean energy, it will need to avoid constantly working at cross-purposes with Beijing. At the same time, it has an opportunity—through “de-risking” supply chains, forging public-private partnerships, and starting multilateral initiatives—to invest more in parts of Africa, Latin America, and Southeast Asia that have not always been an attractive destination for American capital. In a sense, the Inflation Reduction Act has to be globalized.

Finally, the United States should focus its support for democracy on the health of existing open societies and offering lifelines to besieged civil society groups around the world. As someone who has made the case for putting support for democracy at the center of U.S. foreign policy, I must acknowledge that the calcification of the democratic recession in much of the world requires Washington to recalibrate. Instead of framing the battle between democracy and autocracy as a confrontation with a handful of geopolitical adversaries, policymakers in democracies must recognize that it is first and foremost a clash of values that must be won within their own societies. From that self-corrective vantage point, the United States should methodically invest in the building blocks of democratic ecosystems: anticorruption and accountability initiatives, independent journalism, civil society, digital literacy campaigns, and counter-disinformation efforts. The willingness to share sensitive information, on display in the run-up to war in Ukraine, should be applied to other cases where human rights can be defended through transparency. Outside government, democratic movements and political parties across the world should become more invested in one another’s success, mirroring what the far right has done over the last decade by sharing best practices, holding regular meetings, and forming transnational coalitions.

Ultimately, the most important thing that America can do in the world is detoxify its own democracy, which is the main reason a Trump victory would be so dangerous. In the United States, as elsewhere, people are craving a renewed sense of belonging, meaning, and solidarity. These are not concepts that usually find their way into foreign policy discussions, but if officials do not take that longing seriously, they risk fueling the brand of nationalism that leads to autocracy and conflict. The simple and repeated affirmation that all human life matters equally, and that people everywhere are entitled to live with dignity, should be America’s basic proposition to the world—a story it must commit to in word and deed.

  • BEN RHODES is a co-host of the podcast Pod Save the World and the author of After the Fall: Being American in the World We’ve Made. From 2009 to 2017, he served as U.S. Deputy National Security Adviser for Strategic Communications and Speechwriting in the Obama administration.

C.E.O.s Are Frustrated. That Doesn’t Mean They Embrace Trump.

Corporate executives complain about some of President Biden’s policies, along with his rhetoric. But so far they have not abandoned him en masse.

By Ben Casselman, Jim Tankersley, Sydney Ember and Theodore Schleifer – June 24, 2024 

President Biden, in a checkered shirt, preparing to descend the stairs leading from the door of Air Force One.
Many corporate leaders view the relative stability of President Biden’s administration as preferable to the chaos that often characterized the Trump presidency. Credit…Al Drago for The New York Times

When the White House chief of staff, Jeffrey Zients, met with dozens of top executives in Washington this month, he encountered a familiar list of corporate complaints about President Biden.

The executives at the Business Roundtable, a group representing some of the country’s biggest corporations, objected to Mr. Biden’s proposals to raise taxes. They questioned the lack of business representation in the Cabinet. They bristled at what they called overregulation by federal agencies.

While the meeting was not antagonistic, it was indicative of three and a half years of executive grousing about Mr. Biden. Business leaders have criticized his remarks on “corporate greed” and his appearance on a union picket line. They chafe at the actions of officials he has appointed — particularly the head of the Federal Trade Commission, Lina Khan, who has moved to block a series of corporate mergers.

A number of prominent figures in Silicon Valley and on Wall Street — including the venture capitalists David Sacks and Marc Andreessen, and the hedge fund magnate Kenneth Griffin — have grown increasingly vocal in their criticism of Mr. Biden, their praise of former President Donald J. Trump, or both.

Still, that shift mostly reflects movement among executives who already supported Republican politicians but had not previously embraced Mr. Trump. There is little evidence of a major shift in allegiance among executives away from Mr. Biden and toward Mr. Trump.

Jeffrey Sonnenfeld, a Yale School of Management professor who is in frequent contact with corporate leaders, said most chief executives he had spoken to preferred Mr. Biden to Mr. Trump, “some of them enthusiastically and some of them biting their lip and holding their nose.”

Executives who have donated to Democrats in the past generally continue to do so: Filings released by the Federal Election Commission last week showed donations to Mr. Biden’s campaign committees from business leaders including Marissa Mayer, the former Yahoo chief, and Brad Smith, the Microsoft president — both of whom recently hosted Biden fund-raisers — and from Mark Cuban, the tech investor.

And despite subtle signs of waning enthusiasm for Mr. Biden among business elites, neither the White House nor the Biden campaign seem particularly concerned. They see their policies on taxation and regulation as effective and broadly popular. And they cite record corporate profits under Mr. Biden’s presidency.

Still, the administration has taken steps to improve its relationship with business leaders. In February, a team including Mr. Zients and Treasury Secretary Janet L. Yellen divided up a list of more than 100 chief executives to contact, White House officials said. In May, the president met with corporate leaders including executives of Marriott, United Airlines and Xerox.

Kenneth Griffin speaks while sitting on a stage with blue lighting and logos behind him.
Kenneth Griffin, the hedge fund magnate, is among the prominent business figures who have recently criticized Mr. Biden.Credit…David Swanson/Reuters

Administration officials say feedback from executives has led to policy shifts, as when the Environmental Protection Agency softened new requirements to reduce car and truck emissions after hearing from automakers.

“We’re not going to agree with businesses on everything, but what we’re going to do is, we’re talking to them,” Wally Adeyemo, the deputy Treasury secretary, who frequently meets with business leaders, said in an interview.

The business world’s frustrations with Mr. Biden partly come down to style and rhetoric. Mr. Biden has harangued companies for “ripping people off” by raising prices and shrinking product portions, and he has chastised chief executives for lavish pay packages. He has aligned himself with organized labor more often and more explicitly than past Democratic presidents.

Mr. Biden’s rhetoric has offended even some otherwise sympathetic business leaders. Mr. Sonnenfeld of Yale called it “needlessly off-putting” and “self-destructive.” But it may resonate with the public. In polls, Americans routinely blame large corporations for inflation, and majorities in both parties say they view big business negatively overall.

Beyond atmospherics, a number of Biden administration policies have grated on business leaders. Mr. Biden has proposed raising the corporate tax rate to 28 percent, from 21 percent (though still below the 35 percent that prevailed until the tax cuts signed by Mr. Trump), and to eliminate various industry-specific tax breaks. He has also proposed raising taxes on wealthy individuals — a group that includes many executives and their biggest investors. And his administration has issued or proposed stricter rules on environmental protection, worker safety and consumer rights.

Many of those policies are unsurprising for a Democratic president — as are the complaints they draw from business leaders. Research published in 2022 found that about 70 percent of top executives at S&P 500 companies identified themselves as Republicans.

But in some areas, the Biden White House and its regulatory appointees have been more aggressive than other recent Democratic administrations.

“I think the regulatory agenda that we’ve seen in some areas in the current administration has been troubling,” said Brad Close, the president of the National Federation of Independent Business, a small-business advocacy organization, echoing concerns expressed privately by many businesses, both large and small.

Individual industries have their own complaints. Airlines are upset by Mr. Biden’s efforts to crack down on “junk fees” and to require refunds for delayed flights. Pharmaceutical companies have sued to block the administration’s efforts to negotiate lower prices for drugs for older adults. Nonunionized construction companies are furious about rules requiring agreements between contractors and unions on large federal projects.

“That’s a spear in our heart,” said Milton Graugnard, executive vice president at Cajun Industries, an industrial construction firm in Baton Rouge, La. “It’s damning and damaging to our industry,” added Mr. Graugnard, a Trump donor in the past, “and I know it’s going to drive costs up.”

Still, other industries have praised the administration, particularly for the hundreds of billions of dollars in investment in infrastructure, green energy and domestic manufacturing resulting from legislation it helped enact.

“Our relationship with the Biden administration is a very productive one, especially as it relates to shared policy priorities,” said Kip Eideberg, senior vice president of government relations for the Association of Equipment Manufacturers, which represents companies that build construction and agricultural equipment.

Mr. Eideberg criticized the administration on other issues, like trade policy, where Mr. Biden has maintained tariffs, first imposed under Mr. Trump, that make imported parts and materials costlier. But he said the Biden administration had been far more open to consultation than the Obama administration, which he said seemed to have “very little interest in proactively engaging with the business community.”

The Biden administration argues that whatever different industries might say about their policies, businesses appear to be backing Mr. Biden in a far more important way: with investments.

The quarterly increase in investment under Mr. Biden has been comparable to the trend under Mr. Trump before the pandemic — even though the Federal Reserve has raised interest rates by five percentage points during Mr. Biden’s presidency, a move that typically depresses investment.

Some of Mr. Biden’s business-world backers cite a more fundamental reason for their support: Mr. Trump’s presidency was characterized by frequent policy reversals and near-constant uncertainty, they say. Many are also concerned about his approach to immigration and trade, and about the possibility that Mr. Trump could seek to undermine the independence of the Federal Reserve.

At the session with the Business Roundtable executives, who met with Mr. Trump the same day, Mr. Zients stressed Mr. Biden’s commitment to stability and the rule of law.

“A lot of them — and I do this for a living every day, work with C.E.O.s in big companies — a lot of them view this as a choice between predictability and clarity on the one hand and unpredictability and chaos on the other,” said Roger Altman, senior chairman of the investment bank Evercore, who held Treasury positions under Presidents Jimmy Carter and Bill Clinton.

Steven Cheung, the Trump campaign’s communications director, responded: “President Trump continues to be warmly received by the business community and commended for his policy proposals on deregulation and tax cuts. The clear contrast is a pro-growth economy that benefited all Americans under President Trump versus Joe Biden’s failed record of skyrocketing inflation and business-killing mandates.”

Vinod Khosla, seated in an armchair, listens to a man next to him who is gesturing with both hands. A row of American flags is behind them.
Vinod Khosla, a venture capitalist, hosted Mr. Biden during a fund-raising swing to Silicon Valley last month.Credit…Jason Andrew for The New York Times

The most potent anger from the business community toward the current administration is often directed at regulators, particularly Gary Gensler, the Securities and Exchange Commission chair, and Ms. Khan of the Federal Trade Commission.

Vinod Khosla, a prominent venture capitalist who played host to Mr. Biden on a fund-raising swing to Silicon Valley last month, excoriated Ms. Khan at a conference this month as “not a rational human being.”

But Mr. Khosla is not abandoning his support for Mr. Biden.

“Lina is not the most important part of the Biden presidency,” he said in an email. “And Trump is far worse than Lina in 10 dimensions.”

Keith Rabois, Mr. Khosla’s colleague at the firm Khosla Ventures, sees things differently. Mr. Rabois, a longtime entrepreneur and investor, is a conservative, but he did not support Mr. Trump in 2016 or 2020. Now he is doing so, in part because of Ms. Khan’s approach, but primarily because of what he saw as Mr. Biden’s lackluster support for Israel and Jewish students on college campuses.

Mr. Khosla’s and Mr. Rabois’s divergent conclusions — despite their shared criticisms — reflect a larger pattern. Business leaders who have supported Mr. Biden in the past mostly still do, though some more quietly or with more reservations than before. And some Republican executives who were once skeptical of Mr. Trump or backed him quietly have become more public in their support.

Charles Elson, the founding director of the John L. Weinberg Center for Corporate Governance at the University of Delaware, said many of those who still preferred Mr. Biden had become more quiet in their support — not necessarily because of his policies but because of a sense that Mr. Trump could win.

“They’ve just stopped talking,” Mr. Elson said. “That’s all. They realized it’s too close to call, it’s better to say nothing. You never can be attacked for what you didn’t say.”

Reid J. Epstein contributed reporting.

Ben Casselman writes about economics with a particular focus on stories involving data. He has covered the economy for nearly 20 years, and his recent work has focused on how trends in labor, politics, technology and demographics have shaped the way we live and work.

Jim Tankersley writes about economic policy at the White House and how it affects the country and the world. He has covered the topic for more than a dozen years in Washington, with a focus on the middle class. 

Sydney Ember is a Times business reporter, covering the U.S. economy and the labor market. 

Theodore Schleifer writes about campaign finance and the influence of billionaires in American politics. 

Clarence Thomas and John Roberts Are at a Fork in the Road

David French – June 23, 2024

Justice Clarence Thomas, in profile and wearing a black robe, looks into the distance.
Credit…Tasos Katopodis/Getty Images

Two years ago, when the Supreme Court decided New York State Rifle and Pistol Association Inc. v. Bruen, it created a jurisprudential mess that scrambled American gun laws. On Friday not only did the cleanup begin, but the Supreme Court also cleared the way for one of the most promising legal innovations for preventing gun violence: red flag laws.

The Bruen ruling did two things. First, it rendered a sensible and, in my view, correct decision that the “right of the people to keep and bear arms,” as articulated in the Second Amendment, includes a right to bear arms outside the home for self-defense. But the right isn’t unlimited. As Justice Brett Kavanaugh wrote in his concurrence in Bruen, the court did not “prohibit states from imposing licensing requirements for carrying a handgun for self-defense” and that “properly interpreted, the Second Amendment allows a ‘variety’ of gun regulations.”

At the same time, the court articulated a “text, history and tradition” test for evaluating gun restrictions in future federal cases. Under this test, gun control measures were constitutional only if the government could demonstrate those restrictions were “consistent with the nation’s historical tradition of firearm regulation.” That was the most significant element of the Bruen case. Before Bruen, lower courts had struggled to establish a uniform legal test for evaluating gun restrictions, and the Supreme Court hadn’t provided any clarity.

Justice Clarence Thomas wrote the majority opinion in a 6-to-3 decision split along ideological lines. He applied the text, history and tradition test by walking through the very complex, often contradictory, history of American gun laws to determine whether New York’s restrictions had analogies with the colonial period or the periods after ratification of the Second Amendment and the Fourteenth Amendment, which applied the Second Amendment to the states. Under a fair reading of Thomas’s opinion, lower courts would be hard pressed to uphold any gun restriction unless they could point to an obvious historical match.

Not only was the history messy, but judicial reliance on founding-era legislation suffers from an additional conceptual flaw: State legislatures are hardly stuffed with constitutional scholars. Then and now, our state legislatures are prone to enact wildly unconstitutional legislation.

Our courts exist in part to check legislatures when they go astray. The courts do not rely on legislatures to establish constitutional doctrine. In our divided system of government, legislators are not tasked with interpreting constitutional law. Yes, they should take the Constitution into account when they draft laws, but the laws they draft aren’t precedent. They do not and should not bind the courts.

United States v. Rahimi, the case the Supreme Court decided on Friday, is a product of Bruen’s confusion. And the outcome is fascinating. Five of the six justices who voted in the majority in Bruen backed away from the clear implications of the decision. Thomas, by contrast, doubled down.

The case involves a man from Texas named Zackey Rahimi who was convicted of violating a federal law that prohibits individuals subject to domestic violence restraining orders from possessing firearms. He had threatened his girlfriend and another woman with a gun, and he was a suspect in a spate of additional shootings. After he threatened his girlfriend, he entered into an agreed domestic violence restraining order prohibiting him from threatening his girlfriend or from contacting her unless they were discussing their child. He promptly violated that order by approaching her home and contacting her on social media.

As Chief Justice John Roberts recounts in his majority opinion, when the police obtained a search warrant of Rahimi’s home to investigate the additional shootings, “they discovered a pistol, a rifle, ammunition — and a copy of the restraining order.”

Rahimi was indicted on one count of possessing a firearm while subject to a domestic violence restraining order. He challenged the indictment, arguing that Section 922(g)(8), the law he was charged under, violated the Second Amendment. The trial court and the court of appeals initially rejected the argument, but while the Fifth Circuit was considering his petition for a rehearing with the entire court, the Supreme Court decided Bruen.

The appeals court then took a fresh look at his case, applying the Thomas test. It searched for clear historical matches and — unable to find any — held that the government failed “to demonstrate that § 922(g)(8)’s restriction of the Second Amendment right fits within our nation’s historical tradition of firearm regulation.” If this ruling held, every person subject to a domestic violence restraining order could have immediate access to firearms, assuming no other legal restrictions applied.

Even worse, if the Fifth Circuit’s ruling had stood, lawmakers seeking to justify virtually any gun regulation would have to be prepared to find colonial or early-American analogies for their proposed restriction or watch it fail in court. This would have meant that lawmakers facing modern gun violence problems involving modern weapons would have been constrained into essentially colonial and founding-era legal solutions.

In essence, that is the exact reverse of an argument that some gun control proponents make, that the Second Amendment protects only possession of colonial-era weapons. Under the Thomas test, the Second Amendment would permit only colonial-era restrictions.

On Friday, eight justices of the Supreme Court not only ruled against Rahimi. They clarified their approach to text, history and tradition in a way that freed lower courts from the straitjacket of finding precise historical analogies. Roberts declared that “some courts have misunderstood the methodology of our recent Second Amendment cases.” The court’s precedents “were not meant to suggest a law trapped in amber.” Or, as Justice Amy Coney Barrett wrote in her concurrence, “Historical regulations reveal a principle, not a mold.”

As a practical matter, this means, as Roberts wrote, that “when a challenged regulation does not precisely match its historical precursors, ‘it still may be analogous enough to pass constitutional muster.’” Applying this more flexible framework, the court reached a holding that will echo beyond Rahimi’s case: “An individual found by a court to pose a credible threat to the physical safety of another may be temporarily disarmed consistent with the Second Amendment.”

That holding is relevant not just to domestic violence restraining orders; it’s also relevant to so-called red-flag laws or extreme risk protective orders. Those laws, adopted in 21 states, empower specific individuals (like law enforcement or, in some cases, family members) to petition a court to order a person to surrender his guns if he exhibits dangerous or threatening behavior.

The reason for red-flag laws is clear: Research has demonstrated that mass shooters tend to broadcast violent intentions before they act. A National Institute of Justice-funded study of more than 50 years of mass killings, for example, found that “in most cases” mass shooters “engaged in leaking their plans before opening fire.” In 2018 the Republican governor of Arizona, Doug Ducey, commissioned a “Safe Arizona Schools” report, which found that in every one of the most recent and severe school shootings, a red-flag law could have prevented tragedy.

Thomas was the lone dissenter in Rahimi. Five justices wrote their own concurrences, many of them arguing that the Fifth Circuit misunderstood and misapplied Bruen. But Thomas argued that the Fifth Circuit got the analysis right because the founding generation “addressed the same societal problem as §922(g)(8) through the ‘materially different means’ of surety laws.”

Surety laws required a person who was suspected of threatening “future misbehavior” to post a bond, a sum of money that he’d forfeit if he broke the law. If he didn’t post a bond, he’d be jailed. But such reliance on a specific, narrow past legislative approach isn’t required by originalism. It is, itself, a policy choice.

Barrett put her objections well. “Imposing a test that demands overly specific analogues has serious problems,” she wrote. “It forces 21st-century regulations to follow late-18th-century policy choices, giving us ‘a law trapped in amber.’ And it assumes that founding-era legislatures maximally exercised their power to regulate, thereby adopting a ‘use it or lose it’ view of legislative authority.”

“Such assumptions are flawed,” Barrett said, “and originalism does not require them.”

But that doesn’t mean history is useless. As Roberts wrote in the majority opinion, surety laws help confirm “what common sense suggests: When an individual poses a clear threat of physical violence to another, the threatening individual may be disarmed.”

The difference between Roberts and Thomas is clear. Roberts looks to past practice to establish a principle. Thomas looks to past practice as essentially establishing precedent.

Roberts gets it right. When we consider new policies in the present, the acts of the past are instructive but not binding. Modern American lawmakers are not limited by the colonial imagination.

More on Rahimi and the Supreme Court:

Jesse Wegman: The Supreme Court Dials Down the Chaos on Guns – June 21, 2024

Linda Greenhouse: How John Roberts Lost His Court – June 16, 2024

Melissa Murray and Kate Shaw: The Conservative Supreme Court Vision That Means Inequality for Women – Nov. 12, 2023

David French is an Opinion columnist, writing about law, culture, religion and armed conflict. He is a veteran of Operation Iraqi Freedom and a former constitutional litigator. His most recent book is “Divided We Fall: America’s Secession Threat and How to Restore Our Nation.”

After Escaping China by Sea, a Dissident Faces His Next Act

Kwon Pyong recounted for the first time the series of gambles that got him out of China by jet ski, and almost a year later, out of South Korea.

John Yoon, Reporting from Incheon, South Korea – June 23, 2024

A man in white T-shirt, dark shorts and sneakers holds a bag in his hand and looks toward the sea.
Kwon Pyong gazes out at the mud flat in Incheon, South Korea, where he arrived last year.Credit…Woohae Cho for The New York Times

The dissident’s lone regret after his 200-mile escape across the Yellow Sea was not taking night vision goggles.

Nearing the end of his jet ski journey out of China last summer, Kwon Pyong peered through the darkness off the South Korean coast. As he approached the shore, sea gulls appeared to bob as if floating. He steered forward, then ran aground: The birds were sitting on mud.

“I had everything — sunscreen, backup batteries, a knife to cut buoy lines,” he recalled in an interview. He was prepared to signal his location with a laser pen if he became stranded and to burn his notes with a lighter if he were captured. He also had a visa to enter South Korea, and had intended to arrive at a port of entry, he said, not strand himself on a mud flat.

It wasn’t enough.

Mr. Kwon, 36 and an ethnic Korean, had mocked China’s powerful leader and criticized how the ruling Communist Party was persecuting hundreds of pro-democracy activists at home and abroad. In response, he said, he faced an exit ban and years of detention, prison and surveillance.

But fleeing to South Korea did not offer the relief he expected. He was still hounded by the Chinese state, he said, and spent time in detention. Even after he was released, he was in legal limbo: neither wanted nor allowed to leave.

Map shows the distance over the ocean traveled by a Chinese dissident on a jet ski, from the Chinese Shandong Peninnsula to the town of Incheon in South Korea.

It would take 10 more months for Mr. Kwon to be permitted to leave South Korea. Days before he flew out on Sunday, he returned to the mud flat where he haplessly came ashore off Incheon last summer and recounted for the first time publicly the details of his meticulously planned journey.

Court documents from his criminal case in South Korea, past interviews with his friends and family and a statement from the Incheon Coast Guard last year corroborated many of the details in his account.

On a Yamaha WaveRunner purchased with the equivalent of $25,000 in cash, withdrawn from several banks to avoid tipping off the police, Mr. Kwon set off on the morning of Aug. 16 from the foggy coast of the Shandong Peninsula.

A person leans over an red and white personal watercraft that is sitting on land.
A photo released by South Korea’s Coast Guard showing Mr. Kwon’s WaveRunner in Incheon in August 2023.Credit…Korea Coast Guard, via Agence France-Presse — Getty Images

He said he wore a black life jacket and motorcycle helmet for the journey, where he crashed into 10-foot waves and dodged floating rice wine bottles. As his skin burned from the summer sun, he fell into the sea twice, losing his sunglasses.

He refueled using the five barrels of gas that he had tied to the WaveRunner. For himself, he had five bottles of water and five ham and tuna sandwiches. He navigated using a marine compass and a smartphone he had acquired from someone else.

His first glimpse of land came as the setting sun gave the islands off South Korea a warm glow. What was supposed to take eight hours turned to 14. By the time Mr. Kwon arrived in Incheon, the pink sky he had stopped to admire had faded to black.

He did not see any boats or ships on guard, he said, even as he entered a heavily militarized area that the navy monitors for activity, including defectors from North Korea.

Mr. Kwon — who speaks Chinese, English and some Korean — called the local police for help. For an hour, he waited while trying to fend off mosquitoes by walking around his watercraft in beige Crocs.

That night, he said, the Incheon Coast Guard and the South Korean Marine Corps rescued him, detained him and began investigating him along with the South Korean National Intelligence Service.

Moonlight is reflected on the sea.
A view of the Yellow Sea from Shandong Province in China, from where Mr. Kwon began his journey.Credit…Costfoto/NurPhoto, via Getty Images

South Korea rarely accepts refugees, and the authorities served him a deportation order. But over the next months, he was also banned from leaving the country as he fought a criminal charge of unlawful entry, which can be punished with up to five years in prison.

He said that he wondered how things might have unfolded had his arrival gone as planned.

South Korean prosecutors did not lift the exit ban they imposed on Mr. Kwon until his criminal case was finished this month. He said he planned to apply for asylum in the United States or Canada. His flight on Sunday was bound for Newark.

“I want to live my own life,” he said. “I want to live in peace for a while.”

Mr. Kwon, whose Chinese name is Quan Ping, is from a city in the northeastern Chinese province of Jilin, near the border with North Korea. He has visited South Korea, his grandfather’s birthplace, regularly since childhood. He spent his college years in the United States, where he went by Johnny, participated in Iowa State University’s Army R.O.T.C. program and took flying lessons, he said.

He studied aerospace engineering at the university for a few years and returned in 2012 to China, where he ran an online clothing brand and traded cryptocurrencies. He continued traveling widely, touring Lebanon and Syria as an aspiring photojournalist, he said.

He first drew the ire of the Chinese authorities when he began criticizing the Communist Party online. In 2016, he posted on social media about antigovernment protests he had attended in Hong Kong, a Chinese territory. He wore a T-shirt calling China’s leader, Xi Jinping, “Xitler.”

A compass attached to a neon yellow string sits next to a person’s hand on wooden slats.
A compass that Mr. Kwon carried on his 200-mile trip.Credit…Woohae Cho for The New York Times

Chinese authorities arrested Mr. Kwon that year and sentenced him in 2017 to 18 months in prison for “inciting subversion of state power,” a charge frequently leveled against dissidents and human rights lawyers.

After his release in 2018, the police tapped his communications, tracked his movements and periodically interrogated him, he said. State agents, he added, were alarmed by his contact with the leaders of the 1989 Tiananmen Square uprising, including Wang Dan, once one of China’s most wanted men.

“I couldn’t live a normal life,” he said.

China’s Ministry of Public Security did not respond to a request for comment.

Mr. Kwon grew desperate to leave as the police investigated his family and friends. He said his plans to leave China by sea were inspired in part by the 1994 movie “The Shawshank Redemption” and by Lindsay Warner, an explorer who circumnavigated Australia on a Jet Ski. He decided South Korea was his only viable option.

He left behind his e-commerce and crypto operations, as well as his friends, family members and a girlfriend.

After the rescue from the mud flat, Mr. Kwon said, investigators seemed baffled by his story and interrogated him, threatened to torture him and denied his request for a lawyer. The Incheon Coast Guard, which led the investigation, said in a statement that “there were no human rights violations” during the investigation.

A man in shorts and a T-shirt, carrying a backpack, walks past a sign that says “Terminal.”
Mr. Kwon at Incheon Airport, South Korea, on Sunday. He said he planned to apply for asylum in the United States or Canada.Credit…Woohae Cho for The New York Times

In court, Mr. Kwon argued that he was a political refugee and had intended to arrive legally at the Incheon Port, less than a mile from the mud flat, with a tourist visa. A judge found him guilty of unlawful entry in November, handing down a suspended one-year prison sentence with a two-year probationary period.

The verdict released Mr. Kwon from custody but not from legal limbo. Immigration officials imposed an exit ban as prosecutors appealed the judge’s decision.

While living in his parents’ house in Ansan, south of Seoul, Mr. Kwon went to the gym, read books about crypto trading and volunteered at an English language school for adults. He said he also befriended a group of Nigerian refugees by joining their soccer club.

But he didn’t let his guard down. He stuck to the routines he had developed in China: constantly checking for security cameras, and using encrypted texting apps and signal-blocking Faraday bags.

Lee Dae-seon, a South Korean activist who has helped Mr. Kwon, said that he has warned Mr. Kwon of the dangers of China’s overseas police effort, known as Operation Fox Hunt, in which Chinese dissidents living abroad have been forcibly repatriated.

South Korea’s National Intelligence Service confirmed with Mr. Lee that he and Mr. Kwon were targets of the operation, Mr. Lee said. The N.I.S. did not respond to a request for comment.

“It is not safe for him to continue living in South Korea,” Mr. Lee said.

Two hands hold up a document against a backdrop of water.
Mr. Kwon, near where he arrived in South Korea, showing the South Korean tourist visa he had obtained. The legal port of entry he was aiming for is seen at the top right.Credit…Woohae Cho for The New York Times

In May, an appeals court dismissed prosecutors’ appeal, as well as Mr. Kwon’s lawyers’ efforts to have his sentence reduced. Mr. Kwon decided not to pursue the case further so that he could leave the country quickly, and prosecutors lifted the travel ban, said Sejin Kim, his lawyer.

At the mud flat, Mr. Kwon said he was looking forward to leaving and starting a new business venture. He said some of his friends and relatives live in the United States and Canada. He is traveling to the United States on a visa for visitors.

“I want to start my second life,” he said.

An immigration law specialist said that while a case for seeking asylum in the United States appeared to be strong, a decision could take years. Mr. Kwon would also have to demonstrate a “well-founded fear” of additional persecution should he be deported to China, said the specialist, Yael Schacher, of Refugees International, a nonprofit in Washington, D.C.

At Incheon Airport on Sunday, he said goodbye to his parents and friends in South Korea, where he would be barred from returning for five years because of his criminal record.

He disappeared into the security line, a ticket for seat 17A in hand, and with his Chinese passport and his South Korean deportation order in the black tactical backpack he had brought on his escape from China. He confirmed that he had boarded his plane by telephone.

“I’m happy, sad,” he said minutes before his flight was set to take off. “And angry,” he added, “that it took me so long to leave South Korea.”

At shortly before 10 p.m., the flight status display showed that his plane had departed.

John Liu contributed reporting. Desperate Escapes:

‘We’ll Never Get Out of Hell’: One American Family’s Escape From Gaza – Nov. 17, 2023

A Small Boat, a Vast Sea and a Desperate Escape From Russia – Jan. 29, 2023

Hong Kong Protesters Who Fled by Boat Are Sentenced to Prison in China – Dec. 29, 2020

John Yoon is a Times reporter based in Seoul who covers breaking and trending news. 

I Know What America’s Leading C.E.O.s Really Think of Donald Trump

By Jeffrey A. Sonnenfeld – June 23, 2024

Dr. Sonnenfeld is the president of the Yale Chief Executive Leadership Institute.

CreditCredit…Stephan Dybus

Recent headlines suggest that our nation’s business leaders are embracing the presidential candidate Donald Trump. His campaign would have you believe that our nation’s top chief executives are returning to support Mr. Trump for president, touting declarations of support from some prominent financiers like Steve Schwarzman and David Sacks.

That is far from the truth. They didn’t flock to him before, and they certainly aren’t flocking to him now. Mr. Trump continues to suffer from the lowest level of corporate support in the history of the Republican Party.

I know this because I work with roughly 1,000 chief executives a year, running a school for them, which I started 35 years ago, and I speak with business leaders almost every day. Our surveys show that 60 to 70 percent of them are registered Republicans.

The reality is that the top corporate leaders working today, like many Americans, aren’t entirely comfortable with either Mr. Trump or President Biden. But they largely like — or at least can tolerate — one of them. They truly fear the other.

If you want the most telling data point on corporate America’s lack of enthusiasm for Mr. Trump, look where they are investing their money. Not a single Fortune 100 chief executive has donated to the candidate so far this year, which indicates a major break from overwhelming business and executive support for Republican presidential candidates dating back over a century, to the days of Taft and stretching through Coolidge and the Bushes, all of whom had dozens of major company heads donating to their campaigns.

Mr. Trump secured the White House partly by tapping into the anticorporate, populist messaging of Bernie Sanders, who was then a candidate, a move that Mr. Trump discussed with me when I met him in 2015. The strategy might have won voters but did little to enhance Mr. Trump’s image with the business community. And while a number of chief executives tried to work with Mr. Trump as they would with any incumbent president and many celebrated his move to cut the corporate tax rate, wariness persisted.

Several chief executives resented Mr. Trump’s personal attacks on businesses through divide-and-conquer tactics, meddling and pitting competitors against each other publicly. Scores of them rushed to distance themselves from Mr. Trump’s more provocative stances, resigning en masse from his business advisory councils in 2017 after he equated antiracism activists with white supremacists. Dozens of them openly called for Mr. Trump’s impeachment in 2021 after the Jan. 6 insurrection.

Big business’s relationship and likelihood of future support for Mr. Biden is complicated. The president has also adopted populist stances toward business, though he has chafed at pressure from progressives to be even more combative. Nevertheless, chief executives commonly rail at what they view as excessively restrictive antitrust enforcement and misguided attacks on corporate greed.

But there are pluses in the Biden column as well: investments in infrastructure to rebuild highways and bridges, which will help reduce supply chain disruptions; government support for domestic chip making and electric vehicle production; record corporate profits and exuberant financial markets burying fears of a widely anticipated recession; the successful transformation of the United States into the world’s largest oil and natural gas producer.

And their legitimate misgivings about Mr. Biden are overwhelmed by worries about Mr. Trump, version 2024. Mr. Trump’s primary conduits to the business community in his first term — more-reasonable voices like those of Jared Kushner, Dina Powell and Steven Mnuchin — are gone, replaced by MAGA extremists and junior varsity opportunists.

The MAGA die-hard voices that have Mr. Trump’s ear often have more in common with the far left than with the traditional Republican Party. Mr. Trump and his team are doubling down on some of his most anti-business instincts, including proposing draconian 10 percent tariffs on all imports; unorthodox monetary and fiscal policies, including stripping the Federal Reserve Board of its independence; possibly putting in place yield curve control to force interest rates lower; and devaluing the dollar — all of which would drive inflation much higher. These Trump positions have more in common with Karl Marx than Adam Smith.

With two or three prominent exceptions, most business voices now hanging around the hoop would normally be in the minor leagues of Republican business supporters. The party must long for the days of President Dwight Eisenhower, when there were so many business leaders in support and fully 60 percent of his cabinet were chief executives.

As such, it was hardly surprising that just as when Mr. Trump faced a chilly reaction from hundreds of top executives when he spoke at my Yale Chief Executive summit in 2005, he appeared to face a similarly frigid reception when he spoke to the Business Roundtable this month, with no noticeable applause at any point during his “remarkably meandering” remarks, according to CNBC’s Andrew Ross Sorkin, and with Mr. Trump assuming a subdued, if not hostile, posture. Chief executives are not protectionist, isolationist or xenophobic, and they believe in investing where there is the rule of law, not the law of rulers.

That there are more Fortune 100 chief executives based in the smallest state in the nation, Rhode Island — and there’s exactly one Fortune 100 chief executive who is based there — than currently support Mr. Trump tells you how truly isolated the Republican presidential candidate is from the halls of big business.

More on business:

Courting C.E.O.s, Trump Says He Intends to Cut Corporate Taxes Again – June 13, 2024

Business and a Second Trump Term – April 17, 2024

Is Corporate America in Denial About Trump? – April 7, 2024

Jeffrey A. Sonnenfeld is a professor in the practice of leadership at the Yale School of Management and the president of the Yale Chief Executive Leadership Institute.

Workers Shouldn’t Have to Risk Their Lives in Heat Waves

By Terri Gerstein – June 21, 2024

A worker bent over a pile of dirt at a street corner holding a long-handled tool, wearing a hard hat circled by a wide yellow brim.
Credit…Cassidy Araiza for The New York Times

Ms. Gerstein is the director of the Labor Initiative at the Robert F. Wagner Graduate School of Public Service at New York University. She spent more than 17 years enforcing labor laws in New York State, working in the state attorney general’s office and as a deputy labor commissioner.

A record-breaking heat wave is cresting across the United States, with about 100 million people under extreme heat alerts. Local TV news stations, governors and health officials advise to plan accordingly, drink water, go to cooling centers if needed and above all, refrain from excess outdoor exertion.

But if you pick fruit in a field, walk door to door delivering packages, stack boxes in an oppressively hot warehouse or do any number of other jobs without air-conditioning, you don’t have much legal protection against working under sweltering conditions. In 2022 alone, 43 people died from exposure to extreme heat while working, according to the U.S. Bureau of Labor Statistics. Last year, there were others, including a postal worker who died of heat stroke in Dallas, and at least one farmworker who died after falling ill while working in extreme heat in Florida. From fields to warehouses to restaurants, laborers are in danger of illness, injuries and even death in this heat wave.

Climate scientists warn that we are reaching a tipping point where the mounting harms of global warming, including more frequent, more severe heat waves, will become irreversible. The federal government is trying to address the fact that climate change is making working conditions more dangerous each year. But its efforts aren’t likely to bear fruit quickly enough.

The key elements for protecting workers from heat above 80 degrees Fahrenheit are simple: ensure adequate rest, shade and water and allow people to adjust gradually to higher temperatures. Additional precautions are needed above 90 or 95 degrees Fahrenheit. But this is not the law in most of the country.

The Occupational Safety and Health Act has a “general duty clause” requiring employers to provide safe workplaces, but it lacks specificity on what to do in extreme heat. The Occupational Safety and Health Administration may issue a proposed rule on workplace heat relatively soon that would be likely to require, among other things, rest breaks, drinking water and cooling measures, as well as medical treatment and emergency response procedures. But once issued, there will be a comment and review period, followed by inevitable challenges from business groups arguing that the rule is too burdensome.

The Supreme Court majority’s tendency to rule against workers and overturn workplace regulation is likely to embolden these groups to appeal any decisions not in their favor, causing even more delays and perhaps thwarting the rule altogether. So it’s unlikely that any federal heat standard would take effect for the next few summers, and perhaps even longer.

There are still ways to protect workers from the heat. States could pass and enforce laws requiring employers to take simple measures to keep workers safe during deadly heat waves. Five states — Washington, Minnesota, California, Oregon and Colorado — have already passed such measures, establishing important legal and ethical norms for employers. Additional states — New York, New Jersey and Massachusetts — are considering heat protection legislation. More states should follow suit; if Minnesota thinks it’s necessary to protect its workers from heat, steamier states like Georgia and Arizona should, too.

Most states’ legislative sessions are over, limiting the possibilities for this summer, but lawmakers can prepare now and address this issue as a first order of business next year. A quicker option involves passing emergency temporary regulations through state agencies like safety and health boards. Some state and local laws may become obsolete when and if an OSHA heat rule eventually takes effect, but in the meantime they will save lives.

Cities and other local governments can act, too, passing their own workplace heat protections. Phoenix recently enacted a local heat ordinance for city contractors’ outdoor employees. Unfortunately, this option is not available in certain states, most notably Texas and Florida. After Austin, Dallas and San Antonio passed modest heat ordinances in 2023 requiring employers to give outdoor construction workers regular water breaks, Gov. Greg Abbott supported and signed a barbaric law prohibiting local action on a wide range of matters, including workplace heat. Gov. Ron DeSantis followed suit this year in Florida. (A state court ruled the Texas pre-emption law unconstitutional last year, but it’s in effect while an appeal is pending.)

Government at all levels can educate the public about these issues, and model good practices by adopting heat safety policies for their own employees. Such actions can have a big impact: Well-intentioned employers may not know what preventive steps they should take; workers may not know what to ask for; and few members of the general public know the signs of heat exhaustion or stroke. The cities of Los Angeles and Phoenix and Miami-Dade County have appointed chief heat officers who can take on some of the work of educating residents about workplace heat.

Employers, for their part, should take the initiative to learn what’s needed in their workplaces and implement those measures. And advocates, consumers and activist shareholders can also pressure corporations or industries to act.

Unions and worker advocates are now regularly pressing for heat protections as part of their focus on occupational safety and health. The Teamsters won air-conditioning in trucks as well as other heat protections in their most recent collective bargaining agreement. The National Council for Occupational Safety and Health is training workers to fight for protections. The Fair Food Program, a partnership among farmers, farmworkers and retail food companies that ensures better wages and working conditions, has among the strictest heat standards in the country for farmworkers.

In the face of the heat this week, and what’s sure to come this summer and beyond, a varied approach across different levels of government and society is the only realistic path for the immediate future. Every worker should come home safe at the end of the day, even on the hottest day of the year.

A changing climate, a changing world

Climate change around the world: In “Postcards From a World on Fire,” 193 stories from individual countries show how climate change is reshaping reality everywhere, from dying coral reefs in Fiji to disappearing oases in Morocco and far, far beyond.

The role of our leaders: Writing at the end of 2020, Al Gore, the 45th vice president of the United States, found reasons for optimism in the Biden presidency, a feeling perhaps borne out by the passing of major climate legislation. That doesn’t mean there haven’t been criticisms. For example, Charles Harvey and Kurt House argue that subsidies for climate capture technology will ultimately be a waste.

The worst climate risks, mapped: In this feature, select a country, and we’ll break down the climate hazards it faces. In the case of America, our maps, developed with experts, show where extreme heat is causing the most deaths.

What people can do: Justin Gillis and Hal Harvey describe the types of local activism that might be needed, while Saul Griffith points to how Australia shows the way on rooftop solar. Meanwhile, small changes at the office might be one good way to cut significant emissions, writes Carlos Gamarra.

More on heat waves:

Jeff Goodell: The Heat Wave Scenario That Keeps Climate Scientists Up at Night – June 3, 2024

‘New Territory’ for Americans: Deadly Heat in the Workplace – May 25, 2024

Zeke Hausfather: I Study Climate Change. The Data Is Telling Us Something New. – Oct. 13, 2023

Terri Gerstein is the director of the N.Y.U. Wagner Labor Initiative. Formerly, she was the labor bureau chief in the New York State Attorney General’s Office and a deputy commissioner in the New York State Department of Labor.

The Lazy Authoritarianism of Donald Trump

Jamelle Bouie – June 21, 2024

A man in profile (Donald Trump) sits in front of a curtain.

Credit…Erin Schaff/The New York Times

Donald Trump went to Capitol Hill last week to visit with House Republicans. According to most reports of the meeting, he rambled.

People present told the nonprofit news outlet NOTUS that the former president “treated his meeting as an opportunity to deliver a behind-closed-doors, stream-of-consciousness rant” in which he “tried to settle scores in the House G.O.P., trashed the city of Milwaukee and took a shot at Nancy Pelosi’s ‘wacko’ daughter.” It was “like talking to your drunk uncle at the family reunion.”

That same week, Trump met with a group of chief executives at the quarterly meeting of the Business Roundtable. Attendees, CNBC reports, were disappointed. “Trump doesn’t know what he’s talking about,” said one executive. Others said that Trump was “remarkably meandering, could not keep a straight thought and was all over the map.”

There is a good chance that by the end of the year, Trump will be president-elect of the United States. And yet with less than five months left before the election, he is no more prepared for a second term than he was for a first. He may even be less prepared: less capable of organizing his thoughts, less able to speak with any coherence and less willing to do or learn anything that might help him overcome his deficiencies.

Everything that made Trump a bad president the first time around promises to make him an even worse one in a second term.

When I say “bad” here, I don’t mean the content of Trump’s agenda, as objectionable as it is, as much as I do his ability to handle the job of chief executive of the United States. In a political culture as obsessed with drama and celebrity as our own, it is easy to lose sight of the fact that the presidency is an actual job — one of the most difficult in the world.

“Just a partial list of all that must go right in a presidency starts to stretch the limits of human endeavor,” John Dickerson, a reporter and anchor for CBS News, writes in “The Hardest Job in the World: The American Presidency.”

“A president,” he goes on to say, “needs to pick the right team in a hurry, including a chief of staff who gets the balance of information flow, delegation and gatekeeping just right. The cabinet needs to be filled with leaders who have autonomy but not so much ego that they create political disasters. A president must have exquisite fingertip feel for prioritization, communication and political nuance.”

Trump, in his first term, was not equipped to do the work required of him.

As Jonathan Bernstein, a political scientist, notes in a post for his Substack newsletter, Trump “utterly failed” at the “most important thing for presidents to do in order to succeed: collecting information. Trump didn’t read. He didn’t pay attention during briefings. He didn’t care about policy. He didn’t even bother, as far as anyone can tell, to learn the basic rules of the constitutional system.”

It’s not as if we can expect things to be better in a second term. “Everyone makes mistakes and ideally learns from them,” Matthew Yglesias observes in a recent analysis of Trump’s record as president. “As best I can tell, what Trump learned from his term is that he needs to double down on surrounding himself with craven loyalists who won’t contradict him.”

There is an obvious rejoinder here: How is it possible that Trump is both incompetent and a dangerous authoritarian? How can he undermine American democracy when he struggles to manage his administration?

The answer is that this only seems like a contradiction. In truth, these two sides of the former president are easy to reconcile.

Trump’s authoritarian instincts — his refusal to accept or even learn the rules of the constitutional system — are a huge part of the reason he struggled in the job of president. They helped produce the chaos of his administration. That, in turn, has led him to want to corrode and strip away those rules and strictures that stand in the way of his desire to impose his will directly, both on the government and the country at large.

As Dickerson writes, “Trump is in rebellion against the presidency. Its traditions get in the way of the quick results he wants. He either sidesteps or flattens obstacles or opponents that irritate him or slow him down.”

By no means is Trump the first president or even the first Republican president to abuse the power of the office in an effort to overcome the constitutional limits of the office. We can see something similar with Richard Nixon and Watergate as well as Ronald Reagan and Iran-contra, when the White House circumvented a congressional prohibition on foreign aid to rebel groups in Nicaragua.

But Trump makes no distinction between himself and the office of the presidency. He is the kind of man who might say, “L’état, c’est moi” if he knew of anything other than his own desires. He has the heart of an absolutist.

For Trump to bend to the presidency, he would have to embark on the impossible task of denying himself the satisfaction of imposing his will on others. And so he has tried to break the presidency instead, to transform a constitutional office defined by its limits into an instrument of his personal authority.

A second term would mean even more of the chaos, corruption, disorder and incompetence that defined his first four years in office. Trump and his more ideologically driven allies and advisers would smash through the constitutional system in a reckless drive to satisfy their dreams, desires and delusions.

Jamelle Bouie became a New York Times Opinion columnist in 2019. Before that he was the chief political correspondent for Slate magazine. He is based in Charlottesville, Va., and Washington.

Some people just love criminals: Timothy Mellon, Secretive Donor, Gives $50 Million to Pro-Trump Group

Timothy Mellon, Secretive Donor, Gives $50 Million to Pro-Trump Group

The cash from Mr. Mellon, a reclusive billionaire who has also been a major donor to a super PAC supporting Robert F. Kennedy Jr., is among the largest single disclosed gifts ever.

By Shane Goldmacher and Theodore Schleifer – June 20, 2024

Former President Donald J. Trump, speaking on a stage behind a lectern and in a blue suit and yellow tie, facing left.
Former President Donald J. Trump and his allies have been working to close the financial gap with President Biden. Credit…Ash Ponders for The New York Times

Timothy Mellon, a reclusive heir to a Gilded Age fortune, donated $50 million to a super PAC supporting Donald J. Trump the day after the former president was convicted of 34 felonies, according to new federal filings, an enormous gift that is among the largest single disclosed contributions ever.

The donation’s impact on the 2024 race is expected to be felt almost immediately. Within days of the contribution, the pro-Trump super PAC, Make America Great Again Inc., said in a memo that it would begin reserving $100 million in advertising through Labor Day.

The group had only $34.5 million on hand at the end of April, and Mr. Mellon’s contribution accounted for much of the nearly $70 million that the super PAC raised in May. On Wednesday and Thursday, the super PAC began reserving $30 million in ads to air in Georgia and Pennsylvania around the Fourth of July holiday.

Mr. Mellon is now the first donor to give $100 million in disclosed federal contributions in this year’s election. He was already the single largest contributor to super PACs supporting both Mr. Trump and Robert F. Kennedy Jr., who is running as an independent. Mr. Mellon has previously given $25 million to both.

Democrats have sought to portray Mr. Kennedy as a spoiler supported by Republicans, in part by emphasizing Mr. Mellon’s dual contributions and seemingly split loyalties. The pro-Kennedy super PAC has distributed quotations from the hard-to-reach Mr. Mellon, and for a blurb that appears on the cover of Mr. Mellon’s upcoming book, Mr. Kennedy called the billionaire a “maverick entrepreneur.”

It is not clear what Mr. Mellon’s mega-donation means for his support of Mr. Kennedy going forward. He has so far toggled between giving to support both candidates. His most recent donation to Mr. Kennedy’s super PAC was a $5 million contribution in April.

But Mr. Mellon’s $50 million gift will significantly help pro-Trump forces narrow the financial advantage that President Biden and his allies have enjoyed so far. Miriam Adelson, the casino billionaire and widow of Sheldon G. Adelson, who died in 2021, has also made plans to fund a pro-Trump super PAC with at least as much money as the $90 million that her family gave in the 2020 campaign, although much of the cash has yet to arrive.

Richard and Elizabeth Uihlein, the Illinois couple who are among the G.O.P.’s largest donors, each gave $5 million to the Trump super PAC in May. The billionaire energy executive Kelcy Warren also gave $5 million.

But outside groups supporting Mr. Biden have already announced more than $1 billion in planned spending, anchored by a reserved $250 million in advertising from the leading pro-Biden super PAC, Future Forward.

Individual donations as large as $50 million are rare in American campaigns. Other gifts of a similar size have come from candidates who self-funded their campaigns, from couples who technically split their mammoth contributions or from donors who have paid in installments over time.

Until now, Make America Great Again Inc., which serves as the leading pro-Trump super PAC, has had only modest fund-raising success, relying largely on Republican donors who have personal connections to the former president.

In the first few months of 2024, the group raised between $7.4 million and $14.4 million a month. MAGA Inc. was originally seeded with $60 million by Mr. Trump’s political action committee — which is prohibited from spending to support his candidacy — before he declared his run for president. But in a highly unusual transaction, Mr. Trump later asked for a refund of the $60 million he had given months earlier, so MAGA Inc. has now returned that amount to the PAC, Save America, which is helping pay his legal bills.

Mr. Mellon, who had previously put $25 million into the group over the last 12 months, now accounts for nearly half of what the group has raised in total.

Mr. Mellon has long avoided the publicity that typically surrounds a donor this significant. After bursting onto the Republican fund-raising scene at the dawn of the Trump administration, he quickly developed a reputation as an unusual, quirky figure.

Despite his famous last name — he is the grandson of former Treasury Secretary Andrew Mellon and a member of the wealthy Mellon family — Republican fund-raisers had largely not heard of him before he made a $10 million donation to a G.O.P. super PAC in mid-2018. That gift was the first of nine eight-figure checks that he would cut to major Republican groups.

He would go on to hire political counsel to guide him in Washington, although he lives primarily in Wyoming these days. Few recipients of his money have even met him.

The $50 million check to support Mr. Trump is matched only by a different donation Mr. Mellon made on behalf of another tough-on-immigration political project: the private construction of a border wall in Texas. In August 2021, Mr. Mellon donated $53 million worth of stock to help pay for the wall, a priority of Gov. Greg Abbott of Texas.

Mr. Mellon, who did not respond to requests for comment on Thursday, appears to be growing more comfortable with the scrutiny of his influence. Next month, he is slated to publish a book, “panam.captain,” about his work turning around Pan Am Systems, a collection of companies that includes rail, aviation and marketing firms.

Mr. Mellon originally self-published an autobiography, but it was taken off-line in 2016 after some incendiary passages became public, including a line that Black people were “even more belligerent” after social programs were expanded in the 1960s and ’70s.

Mr. Mellon also wrote that social safety net programs amounted to “slavery redux.”

“For delivering their votes in the Federal Elections, they are awarded with yet more and more freebies: food stamps, cellphones, WIC payments, Obamacare, and on, and on,” Mr. Mellon wrote, according to The Washington Post.

The new book, “panam.captain,” will be released by Skyhorse Publishing. Its president is Tony Lyons, who co-founded the pro-Kennedy super PAC, American Values 2024.

In a rare interview with Bloomberg in 2020, Mr. Mellon praised what he saw as Mr. Trump’s follow-through: “He’s done the things he promised to, or tried to do the things he’s promised to,” he said.