1/One of my very smart friends pointed out last night that Joe Biden has gutted so many of Trump’s “arguments." They are gone in one fell swoop: President Biden’s age, Hunter Biden, the whole “Biden crime family” corruption allegations. All out the door. 2/ Nothing says women refuse to accept second-class citizenship like electing one. Nothing.

1/Public education is important. Well-educated citizens are more employable & prepared to compete in the 21st Century economy. Education reduces crime & improves public health & health equity. So of course, Project 2025 eliminates the Dept. Of Education. joycevance.substack.com/p/what-happens…
2/The Education Chapter in Project 2025 is 44 pages long. They are counting on the fact that no one will read it. So we looked at some of the details in Civil Discourse, my newsletter:

1/A week ago, Kevin Roberts, the head of the Heritage Foundation & architect of Project 2025, responded to Democrats plans to take on Project 2025. Roberts said, “Project 2025 will not be stopped,” & that Democrats are “more than welcome to try” to stop it. 2/On Tuesday, Roberts was on Steve Bannon’s War room. It was minus Bannon, of course, because he’s in federal prison. Roberts told a guest host: "We are in the process of the second American Revolution, which will remain bloodless if the left allows it to be"

1/ The more I read the immunity opinion, the clearer it becomes that the conservative majority is more concerned with concentrating power in the hands of the president than in how a president might abuse that power. Presidents as kings. 2/There is absolute immunity for a president acting within his constitutional authority and up to the full extent of the outer perimeter of whatever the Court says that authority is. Then, it gets even more troubling.

1/There are a few bright lines for today's immunity decision. Trump's lawyer conceded at oral argument that they were only asking for immunity for *official acts* not private ones, what I've often viewed as President Trump vs. Candidate Trump. Assuming the Court agrees, they may 2/provide a test for lower courts to use in distinguishing between official and private acts. That's likely a fact-based test, which will require judges to let parties argue the evidence, hold an evidentiary hearing, or both. It's also possible that the Court will decide that...

1/Loper Bright v. Raimondo, handed down on Friday by SCOTUS, will have a direct impact on all of our lives. It will upend agency regulations that are used to implement federal law. That sounds dry and far away from our daily lives. But it’s not. 2/The "administrative state" has operated since the Chevron decision in 1984 on the basic premise that Congress passes laws and agencies issue regulations that implement them. What happened when a regulated entity didn’t like an agency’s decision? They could sue.

1/In a 6-3 decision split on ideological lines, SCOTUS says a regulation against camping on public property can be enforced against homeless people.

First, but not the last, decision today. supremecourt.gov/opinions/23pdf…
2/My personal view is that this is a terrible decision that makes homelessness a crime. But it seemed clear during oral argument that this was where the majority was headed & today's decision unfortunately confirms that.

1/ 1st case: Ohio v. EPA. States opposed an EPA Good Neighbor provisions that restricted air pollution. For a case that came to the Court as a request for a quick ruling on a stay, it took a long time for them to rule (in favor of polluters, saying they're likely to prevail). 2/ Second case is Purdue Pharma, a legacy of the country's struggle with opioid addiction. SCOTUS says the Sackler family can't use a bankruptcy settlement to protect billions of dollars meant for victims. Interesting split here.

1/The Louisiana Legislature passed a law designed to get the Court to expand the role of religion in the courtroom. The law requires a display of the Ten Commandments in every public school classroom, including at the college level. 2/The display must be 11” x 14” poster, with the Commandments in a large and easily readable font. The display includes a statement claiming the Commandments have been a prominent part of American education for almost 3 centuries.

1/After Republicans rejected the immigration bill proposed by Democrats earlier this year, Republicans said Joe Biden needed to do more with his executive power by means of executive orders. Yesterday, he did. 2/Biden announced executive action that will allow qualifying undocumented spouses and children of U.S. citizens to apply for lawful permanent residency without first leaving the country. That’s important because it avoids family separation.

1/Justices who love the rule of law have a duty to restore the reputation of the institution they serve in. Instead of fighting for their right to continue to party at Harlan Crow’s expense, Justices should be embracing measures to restore the Court’s integrity. 2/Given the failure of the Court to police its own, Congressional action to require an ethics code is needed. Yesterday Senate GOP blocked a vote to fast track a bill that would've done that. The Court will be on the ballot if we insist it must be. We all should.

1/ If Justice Alito is making comments like this to a random person at a get-together, what is he saying to his close confidants? How is this impartial justice, especially when his votes/rationale on cases are considered? rollingstone.com/politics/polit… 2/This is a Justice who believes the correct way to determine the law is via a strict appeal to "history & tradition" even though both of those things assume a legal system where Black people & women have no rights.

1/13 Senate Republicans have vowed that, in “retaliation” for the Trump's conviction they won't confirm any more federal judges or Biden appointees. The idea that a jury’s decision to convict a defendant in a state prosecution merits “retaliation” by Senate Republicans is nuts. 2/Like every other defendant in a criminal case who gets convicted, Donald Trump can appeal to a higher court if he believes the verdict was in error. Republicans need a lesson in federalism if they think refusing to confirm fed'l nominees impacts a local DA's office.

The Justice is smart to advise the parties & hold a hearing on the record to resolve this. If it's someone posting with no basis for it as it appears, the record will be clear (his bio says "professional s***poster") & if there's something to it, good to get it out & do justice.

https://twitter.com/kyledcheney/status/1799174802147553402

Why does a clear record matter? Because Trump will raise this on appeal to argue for reversal. Now, both sides have notice of this issue & there's an opportunity to get all of the details & facts out so that if there is nothing to this, it won't affect the appeal.

1/Today, Merrick Garland testifies to the House Judic Cmte for a “routine” oversight hearing that is likely to be anything but. That’s in part because Matthew Colangelo, a prosecutor on Manhattan DA Alvin Bragg’s team, went to that office from the Justice Department. 2/Prosecutors change jobs. A new DA often gathers trusted friends in. Colangelo & Bragg previously worked together for NYAG Letitia James. Colangelo went to the DA's office ahead of the Trump indictment. Republicans have been trying to insinuate something sinister ever since

1/After Trump AG Bill Barr dismissed the charges against former gen'l Mike Flynn that he had twice, under oath, pled guilty to, Barr was asked by CBS’ Catherine Herridge “When history looks back on this decision, how do you think it will be written?” 2/ Barr, the failed public servant who lied to the American people, claiming that the Mueller Report fully exonerated Trump responded: “Well, history is written by the winners, so it largely depends on who’s writing the history.” I think about that a lot.

1/ Jack Smith asks Judge Cannon to modify Trump's pre-trial release order to require him to avoid making comments that foreseeable lead to harm to law enforcement. 2/Trump has been claiming law enforcement/DOJ/Buden Administration targeted him by authorizing the use of deadly force when the search warrant was executed at MAL. It's utter and dangerous nonsense.

1/For decades, GOP voters rallied around SCOTUS & the courts as a key reason to support the GOP presidential nominees, no matter who it was. Trump got that support in 2016, even after the Access Hollywood tape. The GOP is reaping the benefits of that sustained political focus. 2/The lesson is obvious. If you care about the courts, vote. We are not powerless, even if we cannot act immediately and in the moment, watching ethics abuses SCOTUS refuses to hold itself accountable for. Yesterday, Biden appointed his 200th judge to the federal bench.

1/The most important thing that happened yesterday wasn’t the end of Michael Cohen’s testimony or the first of Trump’s witnesses on the stand. It was a brief exchange at the start of the morning between Judge Merchan and the lawyers. 2/The lawyers were arguing over whether the defense could present an expert witness on campaign finance law, and if so, what the scope of his testimony would be. Judge Merchan interjected that it was his role to instruct the jury on the law they should use to decide the case.

1/ Monday was supposed to be the start of Trump’s criminal trial in the Southern District of Florida, where he’s charged with mishandling national defense information after he left the White House and spending months actively obstructing the investigation into his conduct. 2/But of course, that case will not start on schedule, which was months behind when this case should have been ready to go to trial in any event, because the Judge seems to have no appetite for justice in this matter.

1/There was little doubt before last week that federal Judge Aileen Cannon was determined to delay Trump’s criminal case in front of her—the Mar-a-Lago classified documents case—until after the election. Now, there is none. 2/Last week Judge Cannon canceled the May 20 trial date & refused to set a new one. Jack Smith had asked for a July date, but she wrote it would be “imprudent and inconsistent” with her duty.