The GOP’s Texas platform is bonkers. You should see the rest of the party

Sure, the Republican Party is overwhelmingly backing a convicted felon, confirmed sexual assailant, business fraud, insurrectionist, and (alleged!) documents thief whose most endearing personality trait is his rascally inability to stop quoting Hitler, but have you seen what’s going on in Texas lately?

The Lone Star State, which has continually returned a criminally indicted attorney general to statewide office, is now looking to be a laboratory of new, exciting ideas, like “what if we shove all these unlabeled lab chemicals in a Hefty bag, light it on fire, and then stand around and see what happens?”

To read the Texas GOP’s recently passed, deeply un-American platform is to hate it—particularly if you’re a progressive ... or a moderate … or a moderate conservative who either has, knows someone with, or knows of someone with a womb.

As Karen Tumulty wrote in The Washington Post:

Just a few of the platform’s planks: that the Bible should be taught in public schools, with chaplains on hand “to counsel and give guidance from a traditional biblical perspective based on Judeo-Christian principles.” That noncitizens who are legal residents of this country should be deported if they are arrested for participating in a protest that turns violent. That name changes to military bases should be reversed to “publicly honor the southern heroes.” That doctors who perform abortions should be charged with homicide. That the United States should withdraw from the United Nations and that the international organization should be removed from U.S. soil.

Holy Mike Johnson! It’s enough to make you swallow your own tongue, assuming it wasn’t cut out years ago by your local Christofascists for uttering the sacred name of Barron Trump. What’s next, thought crimes? It won’t be long before Republicans seek to jail ordinary Americans for looking at pornographic images of consenting adults—or for not looking at pornographic images of Hunter Biden. (If Covenant Eyes hasn’t yet tweaked its filter to accommodate lurid photos of Hunter Biden, it really doesn’t understand its audience and should probably just shut down now.) 

And that’s not all! If you’re gobsmackingly horrified by the above, well, you should see what they want to do to democracy in Texas.

As reported in the Texas Tribune:

Perhaps the most consequential plank calls for a constitutional amendment to require that candidates for statewide office carry a majority of Texas’ 254 counties to win an election, a model similar to the U.S. electoral college.

Under current voting patterns, in which Republicans routinely win in the state’s rural counties, such a requirement would effectively end Democrats’ chances of winning statewide office. In 2022, Gov. Greg Abbott carried 235 counties, while Democrat Beto O’Rourke carried most of the urban, more populous counties and South Texas counties. Statewide, Abbott won 55% of the popular vote while O’Rourke carried 44%

So to review, Texas Republicans wants to jail abortion doctors while ensuring Greg Abbott can’t possibly lose the governorship, no matter how many killer mutant Sea-Monkeys he pours into the Rio Grande.

All of that is suitably horrifying, of course—and Texas Republicans are admittedly pushing the envelope further than other state parties—but Republican extremism and anti-democratic thinking have been running rampant of late, in case you somehow hadn’t noticed. And that’s a big opportunity for big-D Democrats.

First and foremost, the GOP is a party that embraces a literal felon who faces three more felony cases, all of which are arguably stronger than his first one.

It’s a party that, in newly red redoubts like Ohio, is brazenly attempting to thwart the will of voters on reproductive rights, vowing to do “everything in [its] power” to uphold restrictive abortion laws. 

It’s a party that’s rushed to pass new restrictive voting laws in response to Trump’s insistence that the racist, eternally demagoguing, pro-Putin candidate deserves to win every time.

It’s a party that, to a startling degree, has embraced and protected Putin, as well as openly autocratic Hungarian Prime Minister Viktor Orban

It’s a party that, post-Dobbs, has eagerly passed new, restrictive abortion laws, even as it tries to pretend it’s moderate on the issue. 

It’s a party that keeps hinting it will take an axe to Social Security and Medicare, which remain vital to the well-being of millions of Americans.

It’s a party that elevates ambulant absurdities like South Dakota Gov. Kristi Noem’s dog killing.

And it’s a party that’s apparently eager to ratify every fascist scheme that Trump wants to inflict on the American people. 

In other words, as Hopium Chronicles’ Simon Rosenberg tweeted, the current iteration of the Republican Party is “the ugliest thing any of us have ever seen.”

And that’s just the tip of the iceberg we’re about to crash into at full speed if we’re not careful.

In 2020, the GOP neglected to release a platform in advance of its national convention, perhaps reasoning that Trump’s surpassing charm and wit were all that they needed—or perhaps worried that Trump wouldn’t read it and would wildly contradict its key planks. Or, more likely, they were worried that the GOP’s awful policies—psst, if you want to live a long, healthy life, don’t live in a red state—would actually shake people loose from their tribal fealties long enough to notice that they prefer progressive policies. (Which, to be clear, most of them do. Turns out millions of non-billionaires actually support raising taxes on billionaires. Go figure.)

Of course, despite ample evidence that the electorate as a whole has no use for GOP policy prescriptions—on abortion and a range of other topics—Republicans across the country (not just in Texas) somehow can’t resist saying the quiet parts out loud. 

I say we hand them a megaphone and encourage them to Trump front and center as often as possible. Because every time he talks, an angel vomits into a pail, and there’s only so much mess God is willing to put up with, even from his chosen one.

Daily Kos’ Postcards to Swing States campaign is back, and I just signed up to help. Please join me! Let’s do this, patriots! Democracy won’t defend itself.

Every day brings a new prognostication that is making President Joe Biden's campaign operatives worry or freak out. Is Donald Trump running away with the election? No. Not even close.

The Downballot: Missouri Dems filibuster GOP into submission (transcript)

Democrats may be in the minority in the Missouri Senate, but you wouldn't know it after they staged an epic filibuster that just forced Republicans to abandon a cynical ploy to undermine direct democracy and thwart abortion rights.

Joining us on "The Downballot" this week is state Sen. Lauren Arthur, one of the participants in Democrats' record-breaking legislative marathon. Arthur breaks down the GOP's scheme to con voters into making it harder to amend the state constitution and explains how Democrats hung together through a 50-hour filibuster to protect cherished civil rights.

Co-hosts David Nir and David Beard also recap Tuesday's primaries, punctuated by Angela Alsobrooks' victory in the Democratic primary for Maryland's open Senate seat in the face of a $60 million onslaught. The Davids also highlight a big flip in Alaska, where a Democratic-backed independent is on course to unseat Anchorage's far-right mayor once final votes are tallied.

Subscribe to "The Downballot" wherever you listen to podcasts to make sure you never miss an episode. New episodes come out every Thursday morning!

This transcript has been lightly edited for clarity.

David Beard: Hello and welcome. I'm David Beard, contributing editor for Daily Kos Elections.

David Nir: And I'm David Nir, political director of Daily Kos. "The Downballot" is a weekly podcast, dedicated to the many elections that take place below the presidency, from Senate to city council. You can subscribe to "The Downballot" wherever you listen to podcasts to make sure you never miss an episode.

Beard: We've got another busy primary night to cover.

Nir: We do indeed. There were primaries across the country on Tuesday, so we are recapping the top races, including a contest in Maryland that could prove to be history-making in November. There were also interesting races in West Virginia and far across the country in Alaska, where a runoff was held for Anchorage mayor that saw Democrats flip a very important post.

Then for our deep dive, we are talking with Missouri state Sen. Lauren Arthur, who just participated in a record-setting filibuster to prevent the GOP from undermining direct democracy in the state. It's an amazing conversation. Lauren walks us all through a talking filibuster, just like you see in the movies. There is a ton to discuss, so let's get rolling.

Nir: Well, we had a ton of primary action on Tuesday night, but we have to start with the big race and I am really, really happy about this result in the Democratic primary for Maryland's open Senate seat. I think this was just a fantastic outcome and I am super happy with the candidate that Democrats nominated.

Beard: Yeah, there were two main Democratic candidates in the race for the open seat, Representative David Trone and Prince George's County Executive Angela Alsobrooks. They're both from the Washington area, which is interesting because there wasn't really a Baltimore candidate. And Trone spent a ton of money here, and so he led a lot of the early polling, but Alsobrooks closed great. She ended up winning by, I think, a larger margin than anyone expected, really, going into the night.

She's currently up 54-42 on Trone. There is a decent chunk of mail ballots that came in late, that are still to be counted in Maryland. So that margin could adjust a little bit, but being up 12 points, the AP called it for her. So she's going to be the Democratic nominee. There's still a decent chunk of mail ballots out still to be counted, later this week. She'll definitely move on to the general election against former Governor Larry Hogan.

Nir: Yeah, we'll talk about the general election in a second, but the primary was really something because Trone didn't just self-fund the race, he broke records. He spent more than $60 million of his own money, which almost beats the all-time self-funding record for an entire Senate race, but that includes a general election. That record is actually held by Florida Sen. Rick Scott, who's also up for re-election this fall, but Trone smashed all records for primaries. He was able to do this because he is the owner of a giant liquor store retail chain called Total Wine, and there's no question that he was sure all along that his money would provide him the definitive advantage and the reason why he was going to win this primary, in his mind. He started advertising on TV almost a year before the race. He wound up outspending Alsobrooks by, I think, around 10 to one.

The margin was completely ridiculous, but the reason why Alsobrooks won is because she had a real base of support. That really understates it. She has such widespread support, and I think affection, among Maryland's Democratic political establishment, and that counts for a ton. And we're going to see this theme come up again later in this show, but having that built-in base of support matters so, so much, and I think that this proves that money cannot simply overcome the connections, and party building, and networking that Alsobrooks has engaged in for many, many years. Trone's only been in office for a few terms. He just simply didn't have the deep network that Alsobrooks had and money wasn't the substitute.

Beard: Yeah, and we've seen this before with candidates who primarily self-fund because they don't have to raise money, and so they don't have to engage within the greater party infrastructure in the same way that candidates who raise money have to and often continually do throughout their careers. I'll also say that Trone was a congressman. He was in D.C. Obviously, Alsobrooks is in a suburb of D.C., Prince George's County, but is very much more within the Maryland political structure. But we saw the federal Maryland Democrats, who you think might side with a fellow congressman, largely side with Alsobrooks, which I think is a pretty clear sign to a voter as to who these folks, who are elected officials, really think would be the better senator in these instances.

I'll also add that there was an interesting figure thrown around on Twitter on Tuesday night where money — like we said — does not decide races, but money still matters. Because I saw a tweet to you about, oh, money doesn't matter, which is not the case. There are three counties in Maryland's Eastern Shore that have a different media market than the rest of the state, which is covered by either the Baltimore media market or the Washington D.C. media market, where Trone spent a significant amount of money and Alsobrooks spent no money because she was more limited in her funds and focused on the two big media markets.

And those three counties were some of Trone's best counties and in fact much, much better for Trone than the other Eastern Shore counties in Baltimore's media market where he still won, but he won by a much narrower margin. So it's one of those things where you can clearly see how money matters, but it's not definitive. Other things matter too, as we saw ultimately with the endorsements and Alsobrooks's overall campaign.

Nir: Yeah, money has diminishing returns. I think the important thing is to have enough to run a credible campaign and get your message out there, which Alsobrooks certainly did. But after a certain point, it probably doesn't help a whole lot in moving the needle.

So now we're on to the general election. Republicans were excited. They felt that they had gotten a recruiting coup when they got former Governor Larry Hogan, who served two terms and was quite popular when he left office in 2022, when they got him to say he was going to run for Senate, even though he had previously really crapped on the idea of serving in the Senate.

But the reality is, as we have mentioned before on the show, it's much easier to win a state's governorship if you're from the out party than it is to win a Senate seat. We have seen this story so many times, Steve Bullock in Montana, Linda Lingle in Hawaii, Ted Strickland in Ohio, Phil Bredesen in Tennessee. It's just an incredibly hard lift, and Hogan can pretend all he wants that a victory for him would not undermine abortion access for women, but voters are not that naive. They understand that the Senate is governed by parties and there will be a lot of ads run, making very clear that Hogan will be a vote for whoever replaces Mitch McConnell.

So Hogan would have to win a ton of folks who are ready to vote for Joe Biden, because Joe Biden's going to win the state by large margin, in order to somehow defeat Alsobrooks. In addition, there is a measure on the ballot in November, in Maryland this year, that would enshrine abortion rights into the state constitution. Hogan has a crappy record on abortion.

What is he going to say when he's asked how he's voting on that measure? It's one thing to pretend, oh, I would never change a law, yada yada. Okay, but now we do have an opportunity to change a law for the better, do you support it? No. So I am a huge skeptic about Hogan's chances. I know that Mitch McConnell was talking him up recently, but of course, Mitch McConnell's going to say that. Anyway, I really don't see this race as being a major focus once we get to November.

Beard: Yeah, and one of the big factors around this governor versus Senate aspect is a lot of governor's races take place in midterms, with smaller electorates who are not voting for the president at the top of the ticket, and priming them at that partisan level for most people. So for him to go from running, well, he first won the governor's race in 2014, which was a very Republican year, and then he was able to play the incumbency on the feeling that his governorship was a success, into reelection in 2018 — also a midterm year, even though it was a better year for Democrats.

He hasn't had to run in a presidential year with a Democrat at the top of the ticket, winning Maryland by likely more than 30 points. And that is such a huge, enormous deficit to overcome without even getting into, like you said, all the arguments around, hey, you're going to go to D.C. and you're going to vote for Mitch McConnell's or Republican successor to lead the Senate. You're either going to block Biden's judges or you're going to facilitate Trump's judges.

There are a lot of things you're going to be party line about because that's how Congress works, and so I totally agree with you. I'm very, very skeptical of this race even being close by the end of the day. I think ultimately, Hogan ran for Congress twice before he became governor. I think he toyed around a lot with the national spotlight and potentially running for president in some form or fashion, but ultimately he just seemed like a guy who really wanted to run for office again, and this ended up being where he ended up, but I don't think he's terribly likely to win.

Nir: So we have a few more primaries from Tuesday night to discuss. Maryland also had a few open House seats due to retirements, and also Trone running for the Senate. In the third district, which is very blue turf in the Baltimore area, state Sen. Sarah Elfreth defeated former Capitol police officer Harry Dunn. She is, as of this recording, up 35-25. This puts her on a glide path to joining Congress next year because, like I said, this is a solidly blue seat and there is almost no chance of Republicans flipping it in November.

This to me, was another interesting race, somewhat comparable to the one we were just talking about, because Harry Dunn was a huge hero for his service on Jan. 6th when he defended the Capitol against the riot. He became a very prominent figure, and he raised an enormous, enormous sum of money, more than $4 million from small donors all across the nation, and that made him a force to be reckoned with. But he didn't live in the district. You don't have to live in the district, as we know, but he didn't live in the district.

His ties weren't quite as strong and Elfreth, a little bit like Alsobrooks, did represent a good chunk of the district. She did have good ties to the political establishment and she also benefited from a lot of outside spending. AIPAC came in big for her, but at the end of the day, it was that personal direct tie to the area that wound up winning the race for her.

Beard: Yeah. Dunn had some really interesting national endorsements. In fact, former speaker, Nancy Pelosi endorsed Dunn and it really seemed from a D.C. perspective that he was the leading figure and was probably the favorite. So it was definitely a little bit of a surprise. Of course, as you mentioned, Elfreth had significant outside help monetarily to keep up with the money that Dunn had raised, and I think once she was able to be competitive financially on the air, her ties, as you mentioned, really came through a big chunk of that district had voted for her before for the Senate and of course was comfortable voting for her to send her to Congress.

So I think that's another piece of evidence that these local ties, and the experience that you have in lower office, are a great way to set yourself up. That's not the only way to get to Congress, but I think if you look overall, the most common way to get to Congress is to have a lower office where people know and have supported you in the past, and we see that here with Elfreth.

Nir: I think that the example of Harry Dunn might also be quite relevant for another primary that's coming up next month down in Virginia in the open 7th District where Eugene Vindman, another hero of the resistance as it were, has also raised huge sums nationally. His identical twin brother Alexander Vindman was the chief whistleblower in the Ukraine matter that ultimately led to Trump's first impeachment. But Vindman doesn't have particularly strong ties to that district, and so we will see once again, whether it's the establishment and local roots versus a huge infusion of grassroots money that carries the day.

Beard: Yeah. The interesting question I think in comparing these two districts, is whether there is an Elfreth-type character with both the local support, and either funding internally or funding from an outside group that's going to make that person competitive with Vindman's money. Because I could see Vindman getting a similar percentage of support as Harry Dunn getting like 25% or so, but in this case, if there's not a single opponent who's going to get 35 or 30%, he could easily win that primary. There's not a runoff in Virginia and he could go on and be the nominee with that lower level of support if there's not a consolidation around another candidate.

One other race that we want to note from Maryland is the Baltimore mayor's race where incumbent Mayor Brandon Scott defeated former mayor Sheila Dixon. He's currently up 51 to 41 as of this recording. Dixon was the mayor a number of years ago. She resigned after being convicted of embezzlement. She ran again and narrowly lost to Scott four years ago, and was back for another try. Scott seems to have defeated her more comfortably this time, and he of course will sail to the general election as Baltimore is an extremely, extremely Democratic city.

Nir: One interesting thing about Scott is that he is the first Baltimore mayor in quite some time to win two full terms at the ballot box. There's been a lot of turnover, people leaving office early due to scandal and resignation like Dixon did. The last person to do so was Martin O'Malley. O'Malley didn't wind up serving out two full terms, but that's because he wound up becoming governor in 2006. So Scott's success could see this become a potential stepping stone for him for future higher office.

Beard: The other state that had a ton of competitive primaries on Tuesday night was West Virginia. Of course in this case, they were mostly on the Republican side, whereas in Maryland, we mostly focused on the Democratic side. The race that had the clearest front runner was the Senate primary where Governor Jim Justice easily won. He crushed his opponent. Congressman Alex Mooney, 62-27, and is almost certainly going to be the next senator from West Virginia replacing retiring Democrat Joe Manchin.

Nir: The much more contested race was the Republican primary for governor. We mentioned this one before. This was the most disgusting Republican primary we have seen in quite some time. The entire race was focused on each candidate trying to prove that they were more transphobic than the next guy. Every single campaign and every single outside group was running ads, just trying to demonstrate to voters just how transphobic they are. And the winner of this disgusting contest was Attorney General Patrick Morrisey.

He defeated Del. Moore Capito who is the son of Shelley Moore Capito, the state's other senator, by a 33-28 margin. Morrisey, of course, lost to Joe Manchin in 2018 by what wound up being a surprisingly close margin; Republicans had kind of given up on him in that race and Manchin won. But it was by no means a blowout and probably a key reason why Manchin decided to retire ahead of this election. Anyway, just like Jim Justice, Morrisey is just about dead certain to become the state's next governor, and he is going to be an absolutely foul figure.

Beard: Yeah. There's really no candidate to root for in this. All of them were terrible. None of them took any sort of more positive path through the West Virginia Republican primary, which I doubt would've been a good idea. They probably all ran the race that made them most likely to win. It's just unfortunate that a race involved them being transphobic and awful throughout the entirety of the primary campaign. The most interesting thing you can say about it was that Morrisey's support in the northern part of the state was able to carry him through relatively poorer showings in the southern part of the state, particularly because the other candidates had a tendency to split the support, whereas Capito won a number of counties in the southern part of the state including the county with the capital of Charleston.

He also lost a number of counties to the third-place finisher Chris Miller, which meant that Morrisey's northern support, including some a few counties in the south, was able to carry the day with only 33% of the vote.

Nir: So clear across the country about as far across the country as you can possibly get, we had another super interesting race on Tuesday night. This was not a primary. This was a runoff for the mayor's position in Anchorage Alaska and we had a flip. Suzanne LaFrance, who previously was a member of Anchorage's equivalent to a city council, appears to have ousted incumbent Mayor Dave Bronson. She was up 45 the day after the election. There are still an unknown number of ballots left to count, but media reports all indicate that there aren't enough for Bronson to make up the difference, which is currently about 5,000 votes.

If LaFrance hangs on as it certainly looks like she will, she would be the first woman ever elected as mayor of Anchorage, which of course is by far Alaska's largest city. Now, this race was nominally nonpartisan, but as they almost always are in high-salience races like this one these days, the battle lines were quite clear.

Bronson is a far-right Republican while LaFrance is an independent, but she had been endorsed by the Anchorage Democratic Party. Bronson ran a very typical GOP playbook. He tried to attack LaFrance as woke and in the grips of some crazy far-left ideology. And LaFrance responded by running a pretty non-ideological campaign. She focused on questions about Bronson's competence and his penchant for getting into fights and issues like snow removal, which obviously is pretty damn important in Alaska. In the end, we saw which kind of campaign won out. It was the one about issues that actually matter to people, not the one about crazy paranoid fearmongering.

Beard: Yeah. Bronson won his first race three years ago, very, very narrowly. So I think the forces in opposition to him, which included both the center and the left, had a clear target to say that this person was too far right. He certainly governed that way and they were able to consolidate the anti-Bronson support behind this independent candidate with the Democratic Party support, as you said.

And it looks like that was enough to overcome any incumbency advantages that he might've accrued over the past three years. And so it looks like, hopefully, Anchorage is going to get a much better mayor.

Nir: So interestingly, even though more than a third of the state lives in Anchorage, the mayoralty hasn't really been much of a stepping stone for Republicans, but it has for Democrats. The last two Democrats who represented Alaska in the US Senate, Mark Begich and Tony Knowles, both served as mayor before seeking higher office.

Now, we should probably wait until LaFrance is actually sworn in before we start talking about her next steps, but who knows? We could be hearing more about her in the future.

Beard: Yeah. There are plenty of Republicans to take on in Alaska, so we will see where that might go.

Nir: Well, that does it for our weekly hits. Coming up on our deep dive, we are talking to Missouri state Sen. Lauren Arthur, who just participated in a historic filibuster to thwart the GOP's efforts to undermine direct democracy in the state of Missouri. It is a fantastic conversation. Please stay with us after the break.

 

Nir: Democrats in the Missouri state Senate have just emerged victorious after a historic filibuster in defense of direct democracy that could have major implications for abortion rights. Joining us on "The Downballot" this week is state Sen. Lauren Arthur, one of the participants in this record-breaking marathon, to explain the stakes to us and tell us exactly what is going on. Lauren, we could not be more grateful to you for taking the time to talk with us. Thank you so much for coming on the show.

Lauren Arthur: Oh, it's my pleasure. Thank you so much for highlighting this issue that's important for Missourians, but also I would argue, says a lot about the state of our democracy.

Nir: Absolutely. So before we get to the filibuster, I think we need a little bit of background here. The background is that Republicans want to put an amendment on the ballot on the same day as Missouri's August 6th primary this summer, which would make it harder for voters to amend the state constitution in the future. So what exactly would that GOP amendment do?

Arthur: So I'll start by talking a little about the initiative petition process. It's a really helpful tool when Missourians feel like their legislators are not responding or they're refusing to act on certain issues that are important to them, Missourians can collect enough signatures and send that issue to voters directly. In order for that to pass, it requires a majority vote. Missourians have approved things like Medicaid expansion, a higher minimum wage, and recreational and medical marijuana through the initiative petition process.

Republicans in Missouri, obviously they disagree with a lot of those positions and they want to make it harder to amend the state constitution. They would require that a majority of five out of eight congressional districts approve that measure. And we've seen some analysis that indicates as few voters as 23% of Missouri voters could defeat a ballot measure. So basically the effect of that is it would dilute the voices of those who live in more populous areas like Kansas City and St. Louis, and it would give more power and weight to the votes of those in rural Missouri.

Nir: This sounds awfully familiar because Republicans have been very open about their intentions, many of them at least. They want to stop an amendment, an initiative petition as you called it, that would enshrine abortion rights into the state constitution, which currently looks likely to appear on the November ballot. Organizers just submitted hundreds of thousands of signatures, and if it passes, it would reverse Missouri's near-total ban on abortion.

But as we saw just last year in Ohio, Republicans tried almost the exact same thing, and their effort failed very badly when they tried to make future amendments harder, that failed, and then abortion rights did pass there. Missouri Republicans have an idea to overcome what I think is a very natural resistance among voters to curtailing their own rights, which they've called — and opponents have called — 'ballot candy.' What exactly does that term mean? Because that is a very unusual term.

Arthur: Yeah. As you said, I think Republicans recognize that the measure will be incredibly unpopular and that people understand and support the concept of one person, one vote. So the idea of ballot candy, they've tried to add in language that is completely unrelated to the idea of making it more difficult to amend the Constitution, but these are going to be things that appeal to more conservative voters and frankly that seem common sense.

So things like they included language that non-citizens shouldn't be allowed to vote. That's already the case in Missouri. It is illegal. It is clearly defined, and there is no threat that non-citizens would gain the right to vote in Missouri elections on an initiative petition.

But they think that if voters show up to the polls, don't know what is going to appear before them on the ballot, they'll see that initial language and think 'That makes sense, I'm going to vote for that' and move on without realizing that they're actually undermining their own voting power. The reason they call it ballot candy is, basically, that it sweetens the measure so that it's more appealing and appetizing to Missouri voters.

Beard: Now, Republicans have wide majorities in both chambers of the Missouri legislature, but the state Senate is unusual in that filibusters are allowed, but your filibuster operates pretty differently from the one in the US Senate that I think most of our listeners are familiar with. So how does that work and walk us through the decision to start this filibuster?

Arthur: Yeah, absolutely. The Missouri Senate is a unique and special institution where any senator can decide to stand up, and we have a standing talking filibuster. So if someone wants to oppose a piece of legislation, he or she or they can stand up and talk on the motion or the legislation before the body. And usually, that's used to force compromise. Sometimes it can be used effectively to kill legislation, but it requires that people are standing and talking. And the Senate Democrats have been doing that for the last 50 hours where throughout the course of that time, someone was standing and making the case that this is really wrong-headed for the state of Missouri. And I have been awake for so long. I think I forgot your original question.

Beard: Totally understandable. Yeah. My other part to the question was the decision to launch a filibuster against this legislation specifically.

Arthur: Yeah. So because we only have 10 members in a body of 34 senators, we really have to pick and choose our battles. And this is such a fundamental issue protecting one person, one vote. It is foundational to our democracy. It is about fairness and justice and protecting the things that we hold dear as a democracy. So Democratic senators actually allowed that legislation to pass out of the Senate earlier this year because the whole time we've said, we really oppose the idea that you're going to make it more difficult to amend the constitution. But if you insist that that is a priority, we just want to make sure that it's a fair fight. That voters are informed. That they can read language that tells them what the amendment would actually do, and we trust voters to make the right decision when they understand what it is they're voting on.

So Democratic senators, once they cleaned that ballot candy off back in February and sent a clean version of the resolution, Democratic senators sat down voted no, and said, "Okay. We'll let that continue through the process." It was when it returned that it had that ballot candy on, and at that point, we just felt like it was such an important issue that we didn't want to in any way allow the GOP to try to deceive and lie to Missouri voters. It's just not right. So we felt really strongly that this was something we had to dig in.

Nir: So you mentioned that the Missouri Senate's filibuster is a talking filibuster, and that makes it very, very different from the United States Senate. And I think the talking filibuster is what most people think of when they hear that word. They imagine a sort of Mr. Smith goes to Washington kind of situation, and you actually have been living that. So walk us through what that's like. When exactly did it start? Are you taking turns? Is there anything you can and can't do? Are Republicans hoping to trip you up and catch you in a momentary second to try to end the filibuster? How does that all work?

Arthur: Yeah. So with the standing filibuster, basically someone seeks recognition, and then the way that the Democrats prefer to filibuster is by inquiring to one another. So we've had our filibuster partners and we work in shifts. Senators have stood and debated on the resolution.

We've talked about other important priorities, our vision for the state, and a couple of random topics about recommended movies, TV shows, and music to help fill those three hours, which can feel a little bit long when you're just standing up and talking. I mean, it's physical. You're standing at your desk for three hours at least. Some have picked up extra shifts and really helped out. It's been an incredible team effort, and I'm really proud of everyone for stepping up and sacrificing sleep, and at times hydration, and talking at all hours of the night.

We have decided that it was probably in our best interest to not be super hostile or aggressive towards the GOP, and that's because we're very aware that they do have a tool to shut down debate. And what's interesting is other Republican senators have actually filibustered more than Democrats this year. I don't know if that's the case after this really long filibuster, but Republican senators had been using the filibuster to basically attack other Republican senators.

And it's not unlike what we see in DC where some GOP senators were calling other GOP senators RINOs because they weren't taking hardline positions; they weren't being really aggressive in their attacks. So Republicans have really used the filibuster more than Democrats, and we just wanted to be respectful of the process and didn't want to antagonize anyone so that they might consider voting in favor of that motion that would shut down debate and force a vote on the worst version of this resolution.

Beard: Now, the Republicans that a lot of people are familiar with are these very aggressive Republicans that are eager to steamroll any and all opposition using any tool available. So it seems a little surprising that Republicans in the Missouri state Senate aren't just eager to use this motion that you just mentioned. Can you talk a little bit about the hesitancy from them on using it and why they haven't just gone full bore?

Arthur: Because of that division within the Republican Party, some Republicans have had a really hard time passing legislation and not even for Republican priorities. They've had a difficult time passing just basic governance kinds of bills. So for example, last week, the Senate debated the budget, and if not for Democratic votes, Missouri would not have a budget sent to the governor by the constitutional deadline.

So Democrats have been willing partners because we think that our state agencies should be funded. We know the importance of, for example, the renewal of something that is a self-imposed tax on hospitals so that they can fund our Medicaid program. As Democrats, we could have used all of those things as leverage, we could have teamed up with the guys who are trying to obstruct and cause chaos in the Senate and prevent any legislation from going forward. Democrats could have teamed up with that and made life very difficult for the Republicans and Senate leadership.

Instead, we believe in good governance. And if something is common sense, if something needs to get done for Missourians, Democrats have been good partners and we've negotiated in good faith on other legislation that might be a little bit more controversial. I think we have earned a little bit of goodwill. If they were to invoke that PQ or that nuclear option, everyone also understands that that's the end of the session, no other bills pass, and that it would have serious and long-lasting implications for the next session when the Democrats would come in and they would probably start from a very aggressive position.

Nir: That PQ, that's the motion for a previous question, but that only takes a simple majority in order to succeed. But what you're saying is this bitter division between these GOP factions, maybe, almost makes it impossible, despite the fact that they have, of course, a numerical majority to find a practical majority on the floor to call this previous question and shut off debate on the filibuster. They don't need a supermajority like in the US Senate, just the simple majority, but they still can't get it.

Arthur: That's correct. Yeah, exactly.

Nir: So as a result of all of this Democrats standing so strong and united together and taking shifts on filibusters throughout the night combined with really bitter GOP infighting and Republicans in disarray. On Wednesday afternoon, it sounds like you had a real breakthrough, a huge one, so tell us all about that.

Arthur: Yeah. I think there was pretty broad agreement and understanding that Senate Democrats were not going to back down and that there really was not a path forward to shut down the debate. And so the sponsor of the legislation made a motion to send this resolution to committee, or the House can recede from its position, which has all of that ballot candy, and make a determination going forward. There may be a conference committee where people meet and I don't think that the Democrats will, in any way, relent on that ballot candy issue. So if anything comes out of that committee, then we would expect it to be a clean bill.

Nir: And the legislative session ends at 6:00 PM local time on Friday, so there's a very limited clock for them to get this done.

Arthur: Yeah, that's correct. I should also mention the conference committee. We have Democrats and Republicans from the Senate, and then the House gets to assign its Republicans and Democrats as well to conference and hash out those details. But we are up against a hard deadline, 6:00 PM on Friday. There were... I mean, not unexpectedly… the really hardline Republicans were unhappy with this decision and they made that very clear and decried it on the floor. We will wait and see whether or not they're going to allow any other business to come before the body and whether or not we'll make it to 6:00 PM on Friday.

Beard: It seems like the two most likely outcomes here are either maybe nothing goes on the ballot or the clean version of the amendment goes onto the ballot, going back to this idea of the five of the eight congressional districts needing to pass any future amendments. So if that is on the ballot, you sounded like Democrats are going to campaign against it. How do you think it'll fare at the ballot box and what is the main campaign against it going to look like?

Arthur: Well, I think it will definitely be defeated and defeated resoundingly. There are so many people whose lives have been improved thanks to the initiative petition process and measures that Missouri voters have supported. And so I think they have a clear understanding of its importance and I don't think anyone wants their voices to count for less.

Like I said, I represent a purple district. We're talking about Republicans, Democrats, and Independents in my district, and I can't imagine a world in which any of them want their vote to count less than someone else's in a different part of the state. I think voters will get it and I also think that voters understand that this is a really cynical attempt to try to make it harder to enshrine abortion rights in the state constitution. There is a lot of movement and momentum to have that issue on the ballot in November. I think that they've collected, I don't know, two or three times more signatures than required in order to send that to voters. And I think this is a pretty brazen and obvious attempt to make it harder for people to make decisions about their bodies.

Nir: We have been talking with Democratic state Sen. Lauren Arthur of Missouri who just participated in a successful filibuster to get the GOP to back down from a diabolical plan to lard up a ballot measure with so-called ballot candy in order to entice voters to give up their rights to direct democracy. Lauren, thank you so much again for taking the time to talk with us. Before we let you go, how can Downballot listeners learn more about your efforts in the state Senate in Missouri and also about the various ballot measures that may be on the ballot this fall?

Arthur: Well, thank you so much for highlighting these efforts. Thankfully, we have great local journalists who have been here throughout the 50 hours along with the rest of us. I'll give a shout-out to the Missouri Independent, St. Louis Public Radio, the Kansas City Star, and the people who have helped cover this issue locally. With the Senate Democrats here in Missouri, we're few but mighty, and we're hoping to grow our numbers in this next election.

Nir: Where can folks find you online on social media?

Arthur: You can find us on Twitter—old habits die hard—or X at MoSenDems. We have an Instagram page @mosenatedemocrats, Facebook is MOSenDems, and Threads @mosenatedemocrats, and you can find me on X @LaurenArthurMO.

Nir: Lauren, thank you again for coming on "The Downballot."

Arthur: It was my pleasure. Thank you again.

Beard: That's all from us this week. Thanks to state Sen. Lauren Arthur for joining us. "The Downballot" comes out every Thursday everywhere you listen to podcasts. You can reach out to us by emailing thedownballot@dailykos.com. If you haven't already, please subscribe to "The Downballot" and leave us a five-star rating and review. Thanks to our editor, Drew Roderick, and we'll be back next week with a new episode.

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.

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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.

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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.”