Mitch McConnell will stop at nothing to regain Senate majority

Senate Minority Leader Mitch McConnell took to the Sunday airwaves to pat himself on the back for getting Ukraine aid passed, and promptly reverted back to his old ways. Bipartisanship is in the rear view mirror now and McConnell is still intent on the GOP winning at all costs, no matter what damage is done to the country.

In lengthy interviews on NBC’s “Meet the Press” and CBS’s “Face the Nation,” McConnell dodged the most critical issues of the day in furtherance of his primary goal. 

“I think the single most important thing I can do is make sure my successor is the majority leader, no matter how the presidential election comes out,” he told CBS’s Margaret Brennan. "What I want to do and what I'm focused on is not the presidential race, but getting the Senate back. I've been the majority leader, I've been the minority leader. Majority is better."

McConnell said he intends to "get ready for the challenges that we have ahead of us, rather than just looking backward." The nation’s biggest challenge ahead is Donald Trump and his threat to democracy, and that’s what McConnell is refusing to look back on.

When asked about Trump’s claims of immunity from prosecution, McConnell insisted he “stands by what he said” after Jan. 6, namely that “[t]here is no question that President Trump is practically and morally responsible for provoking the events of [Jan. 6]” and the attack on the Capitol “was a foreseeable consequence of the growing crescendo of false statements, conspiracy theories, and reckless hyperbole which the defeated president kept shouting into the largest megaphone on planet Earth.” 

That faux-righteous diatribe came after McConnell voted to acquit Trump in his second impeachment, the one fail-safe opportunity he and his fellow senators had to ensure Trump could never run for office again. He failed then, just like he failed when he gave Trump his endorsement earlier this year. Now he insists that he has to support Trump, telling Brennan “[a]s the Republican leader of the Senate, obviously, I’m gonna support the nominee of our party.” 

And that support doesn’t even really mean anything, he claimed. 

“The issue is, what kind of influence, even if I had chosen to get involved in the presidential election, what kind of influence would I have had?” McConnell mused.

He had enough influence to make sure Trump would not be barred from running again. On top of that, the Supreme Court McConnell stole for Trump seems intent on clearing Trump’s path back to the White House.

Saving democracy wasn’t the only big issue McConnell tried to dodge on Sunday. NBC’s Kristen Welker asked him whether he supports a national abortion ban, and he refused to answer. 

“I don’t think we’ll get 60 votes in the Senate for any kind of national legislation,” McConnell said, not-so-deftly avoiding the question. 

He deflected instead, using the standard GOP rationalization.

“It seems to me views about this issue at the state level vary depending where you are. And we get elected by states,” McConnell said. “And my members are smart enough to figure out how they want to deal with this very divisive issue based upon the people who actually send them here.” 

Welker pushed McConnell, asking him to explain his celebratory remarks in 2022, after the Supreme Court he built overturned Roe v. Wade and he said a “national ban is possible.” Now that the political blowback of that decision has hit Republicans hard when it comes to election results, McConnell once again obfuscated. 

“I said it was possible. I didn’t say that was my view,” he claimed. “I just said it was possible.”

Once again, McConnell’s eye is on that ultimate prize of a Republican Senate majority, no matter what he has to do or lie about. If reclaiming that majority means a second term for Trump, so be it.

Stop McConnell in his tracks. Donate now to stop Republicans from snatching the Senate!  

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The media gives Trump benefit of the doubt on abortion. He doesn’t deserve it

This was the week when the corporate media decided to mansplain Donald Trump to women and anyone else who might care about their reproductive rights.

“Don’t worry your pretty little heads about what he says,” we were told. “We’re going to tell you what he means.”

First, let’s tease out the most charitable take. The media always wants a ”story.” Thus, the thinking goes, Trump’s video statement this week describing his position on abortion must have been rooted in some political necessity. The Republican Party’s 2024 electoral hopes are obviously hemorrhaging on the issue of reproductive choice, so Trump must recognize his vulnerability on that issue, and must have felt it necessary to accommodate all of us by moderating his position. After all, it’s common for politicians to shape-shift on policy matters, even marginally. Those subtle changes in policy are eagerly picked up and parsed by the news media because they create conflict and drama that, in turn, provides a narrative for the press. 

But Trump is not a “normal” political candidate. For Trump, to acknowledge any shift or change on his abortion position would have gone against every ingrained aspect of his personality. It would be an admission, in effect, that he had miscalculated, or done something wrong. 

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So when Trump issued his scripted video—because he clearly couldn’t handle the intense discomfort of a live press conference—it was carefully crafted to acknowledge no error on his part. There was no sense he felt he’d miscalculated the impact of his long-asserted intent to overrule Roe v. Wade through his appointment of three virulently anti-abortion Supreme Court justices.

Instead, he bragged about it, spewing a bunch of ambiguous verbiage deliberately designed to say nothing else. For someone incapable of owning up to his mistakes, on abortion or anything else, it really couldn’t be otherwise.

But nearly all the mainstream media—Reuters, The New York Times, The Washington Post, CNN, NPR, and CBS—wanted that “story,” that sensible, rational narrative to present to their viewers. So what they all did—every one of them, in fact—was invent a story out of whole cloth: that this was evidence that Trump was actually behaving like a normal political human being and moderating, ever-so-slightly, his position on abortion.

In doing so, they did all Americans a grotesque disservice, because Trump didn’t change a thing about his position. It was the media that did that for him, as astutely pointed out by Media Matters’ Matt Gertz:

Former President Donald Trump’s strategy of ducking questions on abortion requires mainstream reporters to let him off the hook and leave pro-choice swing voters with the false impression that he is more moderate than he actually is. So far, it’s working.

Major news outlets are falsely claiming that Trump said abortion “should be left to the states” in a video announcement Monday on his Truth Social platform. In fact, Trump said only that abortion “will” be left to the states, a statement of law that does not address how he would respond if Congress passed a federal abortion ban or how regulators would treat abortion under a second Trump administration.

Gertz has the receipts. As he posted on the social platform X, the media complicity in distorting what Trump said was as repetitive as it was egregious:

The inaccurate claim that Trump said abortion "should be left to the states" is everywhere in mainstream coverage. https://t.co/DZBs7IZ8pr pic.twitter.com/SUtH9Mzv13

— Matthew Gertz (@MattGertz) April 8, 2024

This is not some minor quibble. What Gertz illustrates here is literally serial misinformation being spun by every recognized paladin of  “mainstream” news. And that misinformation was dutifully picked up and disseminated by subsidiary outlets to foster and spread a phony narrative that Trump has somehow moderated his position on abortion. He hasn’t.

By reporting in headline after headline that Trump said abortion “should”—rather than “will”—be left to the states, the media have created the impression that for Trump, the abortion issue is now settled, and implicitly, that he won’t take abortion restrictions further should he be elected again in 2024.

So, to the casual reader of these headlines, which is as far as many readers go, that means he’s abandoned his intent, expressed just last month, to establish a national abortion ban, and It means no effort to outlaw mifepristone through the FDA. However, as Kaili Joy Gray and Kos have both written on this site, that is not what Trump said at all.

Anyone in the mainstream news who has followed Trump over the past eight years should have known that he does not ever acknowledge his own misjudgments. He didn’t do it for his disastrous COVID-19 response. He never gave the slightest indication that he erred in the heinous conduct that led to either of his impeachments. 

So he wasn’t about to do it for an issue, such as abortion, for which he clearly has no personal sentiments. The problem here is that the media still continue to treat Trump as a normal politician, equivocating in a way that the media have come to expect. That conventional narrative may be a way to reassure themselves or their audience, but it’s false.  

Trump is fundamentally incapable of making such an admission. There has not been a single instance in Trump’s public career where he has admitted any error in judgment, let alone admitted it to the news media. His past actions can’t be questioned, and if they are questioned his response, invariably, is to become angry and dismissive. This peculiarity of Trump’s personality was entrenched by his mentor, Roy Cohn, one of the most malignant and ruthless political operatives of the 20th century. Cohn had a singular rule that he hammered regularly into his young protege: Never, ever admit mistakes.

Gertz observes that Trump’s statement was simply a reiteration of what the existing law on abortion actually is: nothing more, nothing less. The media ran with that and assumed that Trump was “limiting” himself by those statements. As Gertz points out, he did no such thing:

Trump did not say whether he would sign a federal abortion ban if Congress passed it. Nor did he say whether federal regulators under his administration would move to ban medication abortions or restrict sending them through the mail, or how he will vote on the abortion referendum in his home state of Florida, or whether he will continue to appoint judges who will further curtail abortion rights.

So the media narrative as implied—and literally spelled out in many headlines—was wholly false. Instead, what we got were headlines that had the pernicious effect of minimizing the threat Trump actually represents, and more importantly, misrepresenting what he does or does not intend to do on abortion.

Nor did the situation improve on the nightly news. Gertz followed up by examining Monday’s broadcasts for ABC’s “World News Tonight” and “Good Morning America,” NBC’s “Nightly News” and “Today Show,” and CBS’ “Evening News.” All of them reiterated that Trump said abortion “should” be left to the states. CBS’s broadcast put it in a chyron, while a reporter falsely intoned that Trump had “suggested today that the federal government should stay out of the abortion rights debate.”

Again, no such language appears anywhere in Trump’s video speech. As Gertz notes, ABC egregiously characterized Trump’s statements as a “reversal” of Trump’s prior statements regarding a national abortion ban. And, as Gertz observes, none of the networks addressed Trump’s ludicrous claim that Democrats support “infanticide.” 

Viewed in the most charitable light, this is a massive, disturbing failure on the part of nearly every major news outlet in this country. The damage will reverberate well into the campaign season as voters are now going to have to reconcile what they they were told by their feckless media, whose misleading headlines are typically the solitary source of their information, with what is actually at stake for voters as the 2024 election approaches.

But it’s also difficult to reconcile the glaringly collective aspect of this. As Gertz points out, Trump is someone who habitually, routinely lies, to the point where very little he says can be given any credulity at all. It’s difficult to fathom why nearly every major news outlet leapt to the same erroneous conclusion about what he said, and pushed it to their viewers and readers in the exact same fashion. MSNBC’s Rachel Maddow also pointed this out, while acknowledging her high regard for all of the sources involved. 

And now it’s even harder to argue with those who suggest that the media has normalized Trump and his pathologies, that its fixation on the horse race aspect of the 2024 election has clouded its own ability to distinguish facts from fiction.

That doesn’t mean we need to cynically reject everything the corporate-owned media decides to report about Trump, but it also doesn’t make us conspiracy theorists for calling out such blatant and obvious failures. Again, to reiterate a common phrase, despite eight long years of Roy Cohn’s protege living rent-free in our heads, none of this is normal. It’s not normal for the American public, and it should never, ever be normalized for those whose job it is to keep that public informed.

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Texas AG Ken Paxton skirts the law—again

Mere months after taking office in 2015, Texas Attorney General Ken Paxton surrendered to authorities on three felony counts related to securities fraud. But after getting his mugshot taken and posting a $35,000 bond, Paxton spent the next nine or so years making sure that the law was a bludgeon to be used against other people. People who are not rich, white, politically empowered Republican men.

On Tuesday, weeks before that 2015 case was finally set to go to trial, the special prosecutors handling Paxton’s case announced a very special deal. Rather than facing a pair of first-degree felonies, each of which could have brought a minimum sentence of five years, and a third-degree felony that might have added at least two more, Paxton will face … zero years. Also zero months, zero days, and zero charges.

Instead, Paxton will agree to pay back the money he allegedly defrauded, attend a class on “legal ethics,” and do 100 hours of community service. He doesn’t have to pay a fine to the state. He doesn’t even have to plead guilty. Instead, all charges are dropped and Paxton can carry on with the vital work of threatening hospitals and protecting Texas’ right to drown children with razor wire.

Paxton’s get-out-of-felony-free deal comes six months after the state Senate acquitted him in an impeachment trial where he was clearly guilty. Paxton was overwhelmingly impeached in the Texas House in May 2023, on charges that included bribery, obstruction of justice, dereliction of duty, and misappropriation of public resources. In the middle of those charges was a scheme in which a wealthy donor reportedly provided a job to Paxton’s mistress and seven members of Paxton’s staff resigned.

But immediately following his impeachment, Donald Trump pressured Texas state senators to show their loyalty by acquitting Paxton, and in behind-the-scenes negotiations, none were willing to stand up and provide the critical vote that would have impeached the Texas AG.

Paxton was also allowed to skate by the state bar association, which said it couldn’t discipline Paxton for supporting false claims of election fraud. An almost four-year-old FBI investigation that began in relation to charges leveled by some of those who resigned from Paxton’s office has yet to result in any charges.

While benefiting from the immunity of the wealthy and politically connected, Paxton has continued to use the law as a club against those who aren’t so lucky. That includes his infamous war against Kate Cox, who sought to end a nonviable pregnancy that threatened her health and potentially her life. Cox was ultimately forced to leave the state to seek relief after Paxon appealed a district court decision that would have allowed her to obtain a medical abortion.

Paxton has also been on the forefront of claims about an immigrant invasion. That includes issuing a reply to a Supreme Court ruling in January, claiming that it “allows Biden to continue his illegal effort to aid the foreign invasion of America,” and seeking to end the Deferred Action for Childhood Arrivals program, which can protect from deportation children who were brought into the country illegally. Paxton not only sued the federal government for cutting through barriers of razor wire, he also refused to consider removing that wire after a woman and two children drowned.

Like a lot of Republicans, Paxton seems to have a very strict view of the law when it is being used against someone else, and an absolute disdain for it when it’s turned his way.

But considering how many things he's gotten away with over so many years, Paxton has a right to feel like Texas law is a joke. And he always seems to get the last laugh.

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Abortion debate creates ‘new era’ for state supreme court races in 2024

The 2024 elections will be dominated by the presidential contest and the battle for control of Congress, but another series of races is shaping up to be just as consequential.

Crucial battles over abortion, gerrymandering, voting rights and other issues will take center stage in next year’s elections for state supreme court seats — 80 of them in 33 states.

The races have emerged as some of the most hotly contested and costliest contests on the ballot since the U.S. Supreme Court overturned Roe v. Wade, eliminating the constitutional right to an abortion. The decision shifted the abortion debate to states, creating a “new era” in state supreme court elections, said Douglas Keith, senior counsel in the judiciary program at the Brennan Center for Justice, which tracks spending in judicial races.

“We have seen attention on state supreme court elections like never before and money in these races like never before,” Keith said.

Heated court races in Wisconsin and Pennsylvania in 2023 handed victories to Democrats and saw tens of millions of dollars in TV ads, offering a preview of 2024. They're also prompting groups to consider investing in states they would not previously have considered.

ABORTION AND GERRYMANDERING TOP ISSUES

At least 38 lawsuits have been filed challenging abortion bans in 23 states, according to the Brennan Center. Many of those are expected to end up before state supreme courts.

The ACLU is watching cases challenging abortion restrictions in Wyoming, Kentucky, Ohio, Utah, Florida, Nevada, Arizona, Nebraska, Georgia and Montana.

“After Roe v. Wade was overturned, we had to turn to state courts and state constitutions as the critical backstop to protecting access to abortion,” said Brigitte Amiri, deputy director at the ACLU’s Reproductive Freedom Project. “And the stakes are unbelievably high in each of these cases in each of these states.”

The ACLU was among major spenders on behalf of Democrats in this year's state supreme court contests in Wisconsin and Pennsylvania.

Another big player in recent court races has been the Republican State Leadership Committee, which has said its focus is mainly on redistricting, or the drawing of political district boundaries. The group called state supreme courts the “last line of defense against far-left national groups,” but didn't say how much it intends to spend on next year's races or which states it's focusing on.

In Ohio, Democrats are expected to cast state supreme court races as an extension of the November election in which voters enshrined the right to abortion in the state constitution. The state has more than 30 abortion restrictions in place that could be challenged now that the amendment has passed.

“The state supreme court is going to be the ultimate arbiter of the meaning of the new constitutional amendment that the people voted for and organized around,” said Jessie Hill, law professor at Case Western Reserve University and a consultant for Ohioans United for Reproductive Rights. “That is a huge amount of power.”

With three seats up for a vote and a current Republican majority of 4-3, Democrats have an opportunity to flip the majority of the court while Republicans will try to expand their control. Hill said the “very high-stakes election” will serve as another test of the salience of the abortion issue in turning out voters.

“We saw an incredible number of voters come out to vote on that amendment and an incredible amount of investment in those campaigns,” Hill added. “I think we’ll see a similar attention and investment in Ohio come next year.”

Redistricting also is likely to be a main focus in the state's supreme court races, given the court will have realigned politically since it issued a series of rulings finding Ohio’s congressional and legislative maps unconstitutionally gerrymandered to favor Republicans, said David Niven, political science professor at the University of Cincinnati. He expects millions of dollars to be spent on those campaigns.

“There’s often little conversation about these races, but they are just so utterly consequential in very tangible, practical ways that touch voters’ everyday lives,” he said.

MAP BROADENS FOR CONSEQUENTIAL RACES

Pending legislative and congressional redistricting cases also could play a role in North Carolina.

Republicans in North Carolina are looking to expand their majority two years after the court flipped from Democratic control in the 2022 election. That flip to a 5-2 GOP majority led to dramatic reversals in 2023 on rulings made by the previous court, which had struck down a 2018 photo voter identification law as well as district maps for the General Assembly and the state’s congressional delegation.

Groups on both sides also are expected to focus on Michigan, where Democrats hold a 4-3 majority on the state Supreme Court. Candidates run without political affiliations listed on the ballot, though they’re nominated by political parties.

Two incumbents — one Democrat, one Republican — will be up for election in 2024. The court recently kept former President Donald Trump on the state's ballot, denying a liberal group's request to kick him off. It is currently weighing a high-profile case over a Republican legislative maneuver that gutted a minimum wage hike backed by voters.

2023 RACES A PREVIEW

In Wisconsin, abortion played a dominant role in the 2023 court race, with Democrats flipping the court to a 4-3 majority in a campaign that shattered previous national records for spending in state supreme court elections.

Liberal-leaning Justice Janet Protasiewicz defeated former Justice Dan Kelly, who previously worked for Republicans and had support from the state’s leading anti-abortion groups.

Protasiewicz was targeted with impeachment threats this year over comments she made on the campaign trail about redistricting as Republicans argued she had prejudged what then was an expected case on the state's heavily gerrymandered state legislative districts. Experts say the controversy is an example of how more money and attention have changed the dynamics of many state supreme court races to be increasingly partisan.

Democrats in Pennsylvania added to their majority on the court after a race with tens of millions of dollars in spending. Democrat Dan McCaffery won after positioning himself as a strong defender of abortion rights.

CONTESTED SEATS EVEN IN DEEP RED STATES

It remains to be seen whether abortion rights will play a factor in states where party control isn't at stake. That includes Arkansas, where the court is expected to maintain its 4-3 conservative majority. The seats up next year include the chief justice position, which has drawn three sitting justices.

A fight over abortion could wind up before the court, with a group trying to put a measure on the ballot next year that would scale back a state ban on the procedure that took effect once Roe was overturned.

Abortion rights supporters also aren't writing off longshot states such as Texas and its all-Republican high court, which rejected the request from a pregnant woman whose fetus had a fatal condition to be exempted from the state's strict abortion ban.

In Montana, Republicans have spent huge sums to try to push the court in a more conservative direction. The liberal-leaning court is expected to hear cases related to restrictions on transgender youth and abortion. A landmark climate change case also is pending before the court, which will have two of its seven seats up for election.

Jeremiah Lynch, a former federal magistrate running for the open chief justice position, has cast himself as a defender of the court's independence and has warned voters to expect a barrage of negative advertising. Cory Swanson, a county attorney also running for the post, announced his bid on a conservative talk show and recently vowed to weed out any “radicalized” applicants for law clerks in response to antisemitism on college campuses.

In West Virginia, where conservatives have a current 5-4 majority on the court and two seats will be up for grabs, GOP chair Elgine McArdle said Republicans aim to focus more on judicial races than in years past.

“One area the state party has never really engaged much in is nonpartisan races, including the judicial races," McArdle said. “That won’t be the case this time around.”

ICYMI: Judge says woman can get abortion, Texas AG loses his mind

Texas Attorney General Ken Paxton is out of control

Only hours after a judge ruled to allow a Texas woman facing a nonviable, life-threatening pregnancy to seek an abortion, Texas Attorney General Ken Paxton threatened hospitals and doctors with both civil and criminal penalties if they comply with the judge’s ruling.

When possible, Republicans have enacted some of the most extreme abortion bans, and Texas has among the worst. But cases like this one, which expose the GOP’s cruel and heartless attitudes toward women, have further galvanized national opposition to the bans. They’re also giving Democrats ammunition heaving into an election cycle with a generally favorable environment.

In fact, Paxton’s unhinged response is beyond absurd, and must be read to be believed.

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Ken Paxton issues threats to hospitals after abortion ruling

Only hours after a judge issued a ruling allowing a Texas woman facing a nonviable, life-threatening pregnancy to seek an abortion, Texas Attorney General Ken Paxton stepped in to threaten hospitals and doctors with both civil and criminal penalties if they comply with the judge’s ruling.

Kate Cox is a 31-year-old mother of two who was initially excited to discover she was pregnant with her third child. Several weeks into her pregnancy, Cox’s doctors informed her that the fetus had full trisomy 18, a chromosomal condition linked to abnormalities in many parts of the body. Not only does this create a high risk of either stillbirth or miscarriage, but continuing the pregnancy places Cox at high risk of a uterine rupture. This is a serious threat to her health and would imperil her ability to carry another child in the future.

Under Texas’ draconian abortion ban, even someone facing such extreme circumstances as Cox has few options. However, she went to court to seek relief, and as The Texas Tribune reports, Travis County District Judge Maya Guerra Gamble handed down a temporary restraining order that would allow Cox to obtain an abortion. However, Paxton wrote to three Houston-area hospitals within hours, threatening any facility or doctor who provides Cox with medical relief.

Under the current Texas abortion ban, abortions are permissible after six weeks of gestation only if the life of the mother is threatened. In Cox’s case, there is a possibility she could die as a result of continuing the pregnancy. However, the greater threat is to her long-term health.

Even if there are no further complications, the child will either be stillborn or suffer extensive abnormalities leading to rapid death. There is also a high likelihood of a miscarriage. Because Cox's previous two children were delivered via cesarean, a miscarriage at this point in her pregnancy creates a threat of uterine rupture, which would harm her future fertility.

In her ruling, Gamble wrote, “The Court finds that Ms. Cox’s life, health, and fertility are currently at serious risk. The longer Ms. Cox stays pregnant, the greater the risks to her life.”

In Paxton’s letter to three Houston-area hospitals, he calls Gamble an “activist” judge and claims she is unqualified to determine whether Cox faces a life-threatening situation. Paxton tells the hospitals that the temporary restraining order issued by Gamble “will not insulate you, or anyone else, from civil and criminal liability for violating Texas’ abortion laws, including first degree felony prosecutions.”

Additional threats are aimed specifically at Dr. Damla Karsan, who has been identified as the doctor offering to perform the abortion procedure. “We remind you that the [temporary restraining order] will expire long before the statute of limitations for violating Texas’ abortion laws expires,” Paxton writes.

In September, despite clear evidence of his guilt, Paxon was acquitted in an impeachment trial before the Texas Senate. He still faces a federal investigation into the corruption charges at the heart of that impeachment.

According to the Texas Tribune, Cox burst into tears as Judge Gamble handed down her decision on Thursday. Cox issued a statement, saying, “It is not a matter of if I will have to say goodbye to my baby, but when. I’m trying to do what is best for my baby and myself, but the state of Texas is making us both suffer.”

Paxton is doing everything in his power to make sure that suffering continues.

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