Category: abortion

McConnell was sure the GOP would reclaim the Senate. Too bad he miscalculated every step of the way

Posted on (Updated by Kerry Eleveld

Analysts and pundits are finally picking up on the fact that the supposed red wave of 2022 was much more of a red mirage all along. The slow-but-steady downgrading of GOP prospects in November is everywhere. But nowhere is this more apparent than in the Senate, where Republican candidates are consistently underperforming and, in some cases, are downright comically bad (witness Dr. Mehmet Oz, whose political wizardry is already the stuff of legend).

It's important to note that Democrats haven't won anything yet, but it's equally important to note that Democratic chances of keeping Senate have improved dramatically from the doomsday predictions earlier this year (FiveThirtyEight's "deluxe" model—the least favorable to Dems—now gives Democrats a 72% chance of winning the Senate).

That potential loss on the heels of so much GOP hubris has produced a delightful circular firing squad among Republican leaders. Naturally, Senate Minority Leader Mitch McConnell was eager to get his version of events out early, fingering the party's dreadful "candidate quality" as the chief culprit for its faltering Senate takeover campaign.

“I think there’s probably a greater likelihood the House flips than the Senate,” McConnell said last month, handicapping the GOP’s midterm chances at a Northern Kentucky Chamber of Commerce luncheon. “Senate races are just different—they're statewide, candidate quality has a lot to do with the outcome.”

Despite McConnell's stoic delivery, his downgraded prediction was an obvious swipe at Donald Trump and National Republican Senatorial Committee chair Rick Scott, who both helped saddle the GOP with a crop of candidates who are either full MAGA extremists (Arizona's Blake Masters) or entirely lackluster (Pennsylvania's Doc Oz) or both (Ohio's J.D. Vance).

But the truth is, if Senate Minority Leader Mitch McConnell had half the backbone that GOP Rep. Liz Cheney of Wyoming does, he would be spending his energy rallying the troops right now for potential victory, rather than identifying scapegoats for potential defeat.

Let's review just how badly McConnell mucked up Senate Republicans and the party more broadly this cycle, starting with Donald Trump's post-insurrection impeachment trial:

  1. McConnell had a chance to drive a stake through Trump's political future by leading his caucus to convict Trump for inciting the Jan. 6 insurrection at the U.S. Capitol. Once convicted, Trump would have had no path to lawfully run for a second term. But rather than leading, McConnell followed his caucus, leading to Trump's acquittal and a second bite at the presidential apple.
  2. McConnell packed the Supreme Court full of right-wing extremists who in no way reflect the political mainstream, nor do they care. Perhaps McConnell never imagined that they would overturn 50 years of settled abortion law so quickly and callously, or maybe he just wildly underestimated the political backlash to such a ruling. Either way, he badly miscalculated.
  3. After it was clear that Trump was determined to put his thumb heavily on the scales of the election cycle’s GOP primaries, McConnell played along, openly endorsing political misfits like former Georgia football star Herschel Walker—an alleged spousal abuser with violent tendencies and self-admitted psychiatric problems who has trouble articulating a coherent thought. “Herschel is the only one who can unite the party, defeat Senator Warnock, and help us take back the Senate. I look forward to working with Herschel in Washington to get the job done,” McConnell said in a statement last fall.
  4. McConnell intentionally declined to lay out a platform for his caucus should they regain control of the chamber. Asked in January what Republicans would do with their majority, McConnell offered coyly, "That is a very good question. And I'll let you know when we take it back." That giant heap of hubris has cost Republicans dearly. As inflation and gas prices have begun to recede, McConnell's declination has left Republicans without a Plan B. His leadership vacuum also invited NRSC chair Rick Scott to offer up his own agenda, promising widespread tax increases for working Americans and the prospect of phasing out Social Security and Medicare. That landed like a box of rocks dropped from Scott's alien spaceship. But that's not all, Sen. Lindsey Graham of South Carolina got in the act last week with his own bit of leadership: a national 15-week abortion ban that he promised would get a vote if Republicans retook the Senate. Graham's head-scratching gambit has sent GOP Senate hopefuls scrambling for cover while prompting a dismissal from McConnell himself. "I think most of the members of my conference prefer that this be dealt with at the state level," McConnell told reporters last week.

Bottom line: McConnell has repeatedly misplayed this election. He believed that he could bend the entire nation to his political will despite the fact that he and his party's views were wildly out of step with the American mainstream. After years of not paying a political price for abusing the power entrusted to him, McConnell concluded that he could get away with virtually anything—including turning the Supreme Court into a GOP-guided missile.

McConnell, the supposed master tactician, also bet that he could benefit more from Trump's continued presence in the party than he would pay for continuing to carry Trump's baggage.

If Senate Republicans fail to retake the Senate this November, McConnell will have no one to thank but himself. If he weren't so morally bankrupt, he might have had the mettle to salvage his party and field a group of competitive candidates. Instead, he's racing to put out fires, point fingers, and brace for a potentially embarrassing defeat that shuts him out from becoming the longest-serving Senate majority Leader.

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Report of investigation into leaked draft of abortion decision is coming, Gorsuch says

Posted on (Updated by Joan McCarter

U.S. Supreme Court Justice Neil Gorsuch said Thursday that the investigation into the leak of the draft opinion in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade, is still continuing and that investigators will issue a report of those findings, but he made no promises that the results will be made public.

Speaking at the 10th Circuit Bench and Bar Conference in Colorado Springs, Gorsuch said that the “internal committee to oversee the investigation” appointed by Chief Justice John Roberts “has been busy, and we’re looking forward to their report, I hope soon.” How soon he would not say, nor would he say if that report would be seen by anyone outside of the Court. The conference organizers barred reporters from questioning Gorsuch or other judges participating.

Gorsuch continued, saying, “Improper efforts to influence judicial decision-making, from whatever side, are a threat.” Yes, from whatever side. “They inhibit our capacity to communicate with one another,” he said, chilling the communication between opposing justices, which “improves our final products,” he said. “I very much hope we get to the bottom of this sooner or later.”

Justice Samuel Alito’s anachronistic screed against abortion was leaked in early May of this year, weeks ahead of the final opinion. It showed precious little input from any dissenting justice, and was virtually identical to the final opinion. It’s not out of the realm of possibility that in the weeks between the leak and the decision, there might have been alterations inspired by one of the three liberals. In another universe, with another set of extremist justices and someone who is not Alito.

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Given all we’ve seen from the Court’s extremist, Trump-packed majority, it seems likelier than not that if the investigation determines the leak came from their camp, that report will never see the light of day. That’s how they like to do things, after all. Look at all the radical and democracy-breaking decisions they issued from the shadow docket, without holding any hearings, with no transparency, and in unsigned decisions consisting of one or two sentences.

But if the leak came from the minority—a clerk, a justice—or from support staff—a janitor—we’re a lot more likely to hear about it.

All we know about the investigation is that it heightened already existing tensions in the Court, according to long-time court reporter Nina Totenberg at NPR. Terrified clerks considered getting lawyers, after the court asked them to sign affidavits and open up their cellphones to the investigators. They were in a no-win situation. Assert their right to get a lawyer and not turn over their phone, and they would immediately be under suspicion, a potentially career-ending situation.

On the other hand, the justices themselves are basically untouchable. No one can demand of them that they turn over cellphones or even cooperate with investigators. If one of the justices was responsible for the leak, we will probably never know.

There’s no code of ethics governing the Supreme Court, and the only remedy for dealing with a rogue justice is impeachment. Impeachment, or court reform and expansion. It’s long past time that Congress applied the same code of conduct to the Supreme Court as to every other federal judge.

It’s also time to impose other reforms, including court expansion, to make correct the horrific imbalance Trump and Mitch McConnell created with their court packing.

Morning Digest: Democratic ads hit extreme anti-choice GOP candidates with their own words

Posted on by Daily Kos Elections

The Daily Kos Elections Morning Digest is compiled by David Nir, Jeff Singer, Stephen Wolf, Daniel Donner, and Cara Zelaya, with additional contributions from David Jarman, Steve Singiser, James Lambert, David Beard, and Arjun Jaikumar.

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Tennessee held its primary Thursday, and you can find the results here. We’ll have a recap in our next Digest.

Leading Off

● Abortion: We wondered shortly after Roe v. Wade was overturned in late June if Democratic campaigns would continue to focus hard on abortion rights this cycle, and the answer is a resounding yes. Team Blue is airing new commercials in the races for Arizona's U.S. Senate seat and governor of Michigan that each use footage of the newly minted Republican nominees, Blake Masters and Tudor Dixon, expressing extreme anti-choice views, while Team Blue has also kept up the offensive in other races across the country.

We'll start in Arizona, where Democratic Sen. Mark Kelly quickly opens with clips of Masters proclaiming, "I think Roe v. Wade was wrong. It's always been wrong … It's a religious sacrifice to these people, I think it's demonic." The audience later hears the Republican argue, "The federal government needs to step in and say no state can permit abortion … You make it illegal and you punish the doctors."

Kelly's allies at Senate Majority PAC are also hammering Masters on abortion rights in a new $1.2 million ad campaign, though they're adopting a different messaging strategy. The commercial stars a woman identified as Brianna who explains, "Three years ago, I had an ectopic pregnancy, and if I didn't make it into the OR within a couple minutes, I was going to bleed out and die." She continues, "But according to Blake Masters, that's just too bad. He wants to ban all abortions, even in cases of rape, incest, and the life of the mother." Brianna ends by saying that if Masters had his way, her three children would have lost their mother.

Meanwhile in Michigan, a DGA-backed group called Put Michigan First makes use of a debate clip where Dixon answers in the negative when asked, "Are you for the exemptions for rape and incest?" The spot then plays footage of podcaster Charlie LeDuff asking the candidate, "The question would be like, a 14-year-old who, let's say, is a victim of abuse by an uncle, you're saying carry that?" Dixon responds, "Yeah, perfect example." When Dixon is asked in an interview with MIRS if she'd provide an exception for "health of the mother," she replies, "No exceptions."

Over in Virginia's 2nd Congressional District, Democratic Rep. Elaine Luria's commercial takes Republican state Sen. Jen Kiggans to task for celebrating when Roe was overturned. In Georgia, Democrat Stacey Abrams is airing a spot where several women warn that, under a law signed by Gov. Brian Kemp, they could be "investigated and imprisoned for a miscarriage."

And back in Arizona, Democratic gubernatorial nominee Katie Hobbs proclaims she'll "protect a woman's right to choose, fix our schools, and lower costs." Other recent Hobbs ads also attack each of the GOP frontrunners, former TV news anchor Kari Lake and Board of Regents member Karrin Taylor Robson, for opposing abortion rights. (Hobbs began airing her ads as Tuesday's GOP primary was still too close to call.)

Republicans, by contrast, have been reluctant to discuss abortion at all in their general election commercials even before this week's big defeat for anti-choice forces in Kansas. One notable exception came last month when Mark Ronchetti, who is Team Red's nominee for governor of New Mexico, argued that his policy to restrict the procedure to the first 15 weeks of pregnancy was reasonable and that Democratic incumbent Michelle Lujan Grisham was "extreme" for supporting "abortion up to birth."

Most Republicans, though, remain content to avoid the topic altogether. Masters, for his part, is spending at least $650,000 on an opening general election ad campaign starring his wife, who says he's running because he loves the country and the state. (Inside Elections' Jacob Rubashkin points out that Masters just days ago was campaigning as a conservative border warrior who warned, "There's a genocide happening in America.") The RGA, meanwhile, is attacking Hobbs on border security―but not abortion.

Senate

● AZ-Sen: Republican Blake Masters' allies at Saving Arizona PAC have dusted off a mid-July internal from Fabrizio, Lee & Associates that shows him trailing Democratic Sen. Mark Kelly 49-44, which is identical to what OnMessage Inc. found in a more recent survey for another conservative group. Both firms are releasing these unfavorable numbers to argue that the political climate will be a big asset to Masters.

Governors

● FL-Gov: St. Pete Polls' newest survey for Florida Politics finds Rep. Charlie Crist beating Agriculture Commissioner Nikki Fried in a 56-24 landslide in the first poll we've seen in nearly a month for the Aug. 23 Democratic primary.

Fried's allied PAC, meanwhile, is running the first negative commercial of the race, and it goes after Crist for appointing an "anti-choice extremist" to the state Supreme Court when he was Florida's Republican governor. The spot also features footage from this year of Crist saying, "I'm still pro-life," though it doesn't include him continuing, "meaning I'm for life. I hope most people are." (Crist used that same interview to express his regret over his anti-abortion judicial picks.) Politico says the spot is airing in the Orlando market, which covers about 20% of the state.

● RI-Gov: Gov. Dan McKee has secured an endorsement from RI Council 94, which is Rhode Island's largest state employee union, for the Sept. 13 Democratic primary. Secretary of State Nellie Gorbea, meanwhile, has earned the backing of the Rhode Island Federation of Teachers and Health Professionals, which is one of the state's two teachers unions: The other, the NEA, is for McKee.

● WI-Gov: Wealthy businessman Tim Michels said just one month ago that "[w]hen politicians are shocked to find themselves losing, they go negative out of desperation," but you can probably guess what he's now doing days ahead of Tuesday's Republican primary. Yep, the Trump-endorsed candidate is airing his first attack ad against former Lt. Gov. Rebecca Kleefisch, whom Michels' narrator dubs "the ultimate Madison insider" and a "[p]ro-China, pro-amnesty, anti-Trump politician."

Kleefisch and her allies went on the offensive in early July, with the former lieutenant governor arguing that Michels "pushed for years to raise our gas tax while getting rich from massive government contracts." That prompted Michels to put out a statement bemoaning that "it is sad that the former Lieutenant Governor has decided to go negative by falling in line with politics as usual."

The anti-tax Club for Growth was all too happy to attack Kleefisch last month, but Michels himself insisted as recently as Monday that he was still taking the high road. "I've never had a negative ad run by my campaign in this race," he said, explaining, "And the reason is we've never had a single piece of business by talking bad about the competition." Michels added, "And the reason is, it's just bad policy, and if you get a reputation of doing that in my industry … people immediately disrespect you."

So why did Michels decide to court disrespect and try out some "bad policy" just days later? Kleefisch's team, of course, told the Associated Press' Scott Bauer that this about-face proves their candidate "has all the momentum." Michels' own spokesperson, though, also hinted that they felt the ads were doing them some real damage, arguing, "When your opponent does that for weeks on end, it can't go unanswered forever."

Unfortunately, we have almost no recent polling to indicate if either of the candidates campaigning to take on Democratic Gov. Tony Evers are going "negative out of desperation." The one and only survey we've seen in the last month was a mid-July internal for a pro-Michels group that had him up 43-35, numbers that are quite dusty now.

Whatever the case, things may get a whole lot uglier on Friday when Trump, who has zero qualms about "talking bad about the competition," holds his pre-primary rally in Waukesha County. (You may have heard a few jokes about it if you've ever logged onto Twitter in the last decade.) We got a taste for Trump's dislike of the former lieutenant last month when the Milwaukee Journal Sentinel's Daniel Bice reported that Trump used his April meeting with Michels to bring up a 2019 picture of Kleefisch's daughter going to her high school prom with the son of state Supreme Court Justice Brian Hagedorn.

The elder Hagedorn went straight to the MAGA doghouse the next year when he provided the crucial vote to stop Trump's attempts to steal the election, and Bice reports that he was upset about the photo of the two teenagers. Kleefisch, who has trashed the justice herself, responded by declaring, "I'm outraged my opponent would use a photo of my underage daughter for political ammunition in order to score an endorsement." However, unnamed sources told Bice that Michels didn't actually know about the picture before Trump himself raised the topic ahead of his "little rant" against Brian Hagedorn.  

House

● CO-03: Democrat Adam Frisch has released an internal from Keating Research that shows him trailing far-right freshman Rep. Lauren Boebert 49-42 in a western Colorado seat that Trump would have taken by a similar 53-45 spread.

● FL-10: Both the state AFL-CIO and the Florida Education Association have endorsed gun safety activist Maxwell Alejandro Frost ahead of the busy Democratic primary on Aug. 23.

● FL-13: The Club for Growth is airing what appears to be the first negative TV ad of the Aug. 23 GOP primary, and its piece rips Kevin Hayslett as a "trial lawyer" who was disloyal to Donald Trump in 2016. The broadside comes days after Hayslett released an internal that showed him trailing 2020 nominee Anna Paulina Luna, whom both the Club and Trump are supporting, only 36-34.

The narrator informs the audience, "While Hillary's campaign called Trump a fraud, Hayslett declared it was 'ludicrous' Trump had not released his tax records." The commercial concludes that Hayslett, whose offense doesn't seem to have gone further than Facebook posts, is "guilty of aiding and abetting the Democrats to assault Donald Trump."

Hayslett himself launched his own negative spot around the same time arguing that it's Luna who's the GOP heretic. The audience is treated to footage of Luna saying, "I always agreed with President Obama's immigration policies," and favoring a "pathway to citizenship."

● IN-02: A special election will take place this year to succeed Republican Rep. Jackie Walorski, who died in a car crash on Wednesday, though it’s not yet clear when it will be and how the GOP nominee will be chosen. Almost everyone expects the special to coincide with the Nov. 8 general election, but it’s up to Republican Gov. Eric Holcomb to set the date. Trump carried the existing version of this northern Indiana seat 59-39, while he took the redrawn version by a similar 60-37 spread.

It will be up to the local GOP leadership to choose a new nominee for the special and regular two-year term, and Fox’s Chad Pergram explains that state law requires that any vacancy on the ballot “shall be filled by appointment by the district chairman of the political party.” The chair of the 2nd District Republican Party, though, was Zach Potts, a Walorski aide who was also killed in the collision.

● MN-03: Democratic Rep. Dean Phillips is out with a poll from GQR giving him a hefty 57-36 edge over Navy veteran Tom Weiler, who has next week's Republican primary to himself. Biden would have carried this suburban Twin Cities constituency 59-39, though Weiler's allies are hoping that a GOP wave could reverse the dramatic Trump-era gains Democrats made in this once-swingy area.

● MN-05: Minneapolis Mayor Jacob Frey, whose city makes up about 60% of this constituency, has endorsed former Minneapolis City Council member Don Samuels' bid against Rep. Ilhan Omar in next week's Democratic primary. Omar backed the mayor's two main rivals in last year's instant runoff race, though Frey ended up winning re-election convincingly. Frey and Samuels also defeated a 2021 ballot measure that would have replaced the Minneapolis Police Department with a Department of Public Safety, while Omar supported the "Yes" side.

● NY-10: Impact Research's internal for attorney Dan Goldman shows him leading Assemblywoman Yuh-Line Niou 18-16 in the packed Aug. 23 Democratic primary, with New York City Councilwoman Carlina Rivera and 17th District Rep. Mondaire Jones at 14% and 10%, respectively. Other polls have found different candidates ahead, but they all agree with Impact that a hefty plurality are undecided. 

● NY-16: Former Rep. Eliot Engel has endorsed Westchester County Legislator Vedat Gashi's Democratic primary campaign against the man who unseated him two years ago, freshman Rep. Jamaal Bowman. Gashi also earned the backing of Nita Lowey who, unlike Engel, left the House voluntarily last year after decades of service. About three-quarters of this seat's denizens live in the old 16th District where Bowman upset Engel, while the balance reside in Lowey's old turf.

● NY-23: Barry Zeplowitz and Associates has conducted a survey that gives state GOP chair Nick Langworthy a 39-37 edge over 2010 gubernatorial nominee Carl Paladino in this month's primary, which is dramatically different from Paladino's 54-24 lead in his own mid-July internal from WPA Intelligence. Veteran pollster Barry Zeplowitz said he conducted this new poll independently, though Paladino quickly called foul and attacked Zeplowitz for donating $99 to his rival.

"So because I gave $99 to a candidate who asked and gave nothing to a second candidate who did not, the poll is a complete scam?" Zeplowitz asked rhetorically, adding, "Mr. Paladino should be thanking me for giving his campaign a heads-up that he is involved in a toss-up. Let the best man win."

● WY-AL: Rep. Liz Cheney's newest commercial for the Aug. 16 GOP primary opens with her father, former Vice President Dick Cheney, proclaiming, "In our nation's 246-year history, there has never been an individual who is a greater threat to our republic than Donald Trump." Every poll that's been released shows the younger Cheney badly losing to Trump's pick, attorney Harriet Hageman, in what was the Trumpiest state in the nation in both 2016 and 2020.  

Prosecutors

● Hennepin County, MN Attorney: Seven candidates are competing in next week's officially nonpartisan primary to replace retiring incumbent Mike Freeman as the top prosecutor in Minnesota's largest county, but campaign finance reports show that only three of them have access to a serious amount of money. The two contenders with the most votes will advance to the November general election.

The top fundraiser through July 25 by far was state House Majority Leader Ryan Winkler, who took in $230,000 and has several unions on his side. Former Hennepin County Chief Public Defender Mary Moriarty raised a smaller $140,000, but she sports high-profile endorsements from local Rep. Ilhan Omar, Attorney General Keith Ellison, and the state Democratic–Farmer–Labor Party.

Retired judge Martha Holton Dimick, finally, hauled in a similar $130,000; Dimick, who would be the state's first Black county attorney, has the backing of Minneapolis Mayor Jacob Frey as well as the Minnesota Police and Peace Officers Association.

● San Francisco, CA District Attorney: Former District Attorney Chesa Boudin said Thursday that he would not compete in this fall's instant-runoff special election to regain the post he lost in a June recall. His announcement came the same week that attorney Joe Alioto Veronese launched a bid to take on incumbent Brooke Jenkins, a recall leader whom Mayor London Breed appointed to replace Boudin last month.

Alioto Veronese is the grandson of the late Mayor Joseph Alioto, who served from 1968 to 1976; his mother, Angela Alioto Veronese, ran in the 2018 special election for mayor but took a distant fourth against Breed. The younger Alioto Veronese previously served as a California criminal justice commissioner and member of the city's police and fire commissions, but he doesn't appear to have run for office before now.

Under the city's current law, the district attorney's post would be on the ballot again in 2023 for a full four-year term. However, voters this fall will decide on a measure that would move the city's next set of local elections to 2024 and keep them in presidential cycles going forward.

Election Recaps

● WA-03: The Associated Press on Wednesday evening called the first spot in the previous day's top-two primary for Democrat Marie Gluesenkamp Perez, who notched 31%, but it remains unclear which Republican she'll face. With 158,000 votes counted, which the AP estimates is 83% of the total, Rep. Jaime Herrera Beutler leads Trump-backed Army veteran Joe Kent by a narrow 23-22. The five Republican candidates on the ballot are taking a combined 66% of the vote compared to 33% for Democrats in this 51-46 Trump seat, though Herrera Beutler may have won some support from Democratic voters after voting for impeachment.

● Maricopa County, AZ Attorney: Former City of Goodyear Prosecutor Gina Godbehere has conceded Tuesday's Republican primary to appointed incumbent Rachel Mitchell, who leads her 58-42. (The margin may shift as more votes are tabulated.) Both candidates were competing to succeed Allister Adel, a fellow Republican who resigned in March and died the next month.

Mitchell will now go up against Democrat Julie Gunnigle, who lost to Adel 51-49 in 2020, in a special election for the final two years of the term. This post will be up for a regular four-year term in 2024.

● Montgomery County, MD Executive: It’s been more than two weeks since the July 19 Democratic primary, but we still don’t know who won the nomination to lead this populous and reliably blue county. With 132,000 ballots counted, incumbent Marc Elrich leads wealthy businessman David Blair 39.3-39.2―a margin of 154 votes.

Election officials say that there are about 4,000 mail-in votes left to tabulate as well as 7,250 provisional ballots to sort through, and that they’re aiming to certify the results by Aug. 12. The second-place candidate would then have three days to request a recount, which is what happened in the 2018 contest between these very two candidates: Elrich ultimately beat Blair by 77 votes four years ago.

P.S. This dragged-out count came about because Republican Gov. Larry Hogan vetoed a measure that would have allowed mail-in ballots to be processed ahead of Election Day. The author of that bill is state Sen. Cheryl Kagan, a Democrat who represents part of Montgomery County; Kagan has called for the state to change its policies to prevent another major delay this November.

Grab Bag

● Where Are They Now?: Wanda Vázquez, who became governor of Puerto Rico in 2019 after her predecessor resigned in disgrace, was indicted Thursday on bribery charges related to her unsuccessful 2020 campaign for a full term. Vázquez, who is affiliated with both the GOP and the pro-statehood New Progressive Party (PNP), responded by proclaiming her innocence.

Federal prosecutors allege that Vázquez fired the head of Puerto Rico’s Office of the Commissioner of Financial Institutions and appointed a new one loyal to a campaign donor. Vázquez badly lost the PNP primary 58-42 to Pedro Pierluisi, who prevailed in a close general election.

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‘Misled the American people’: AOC calls out Gorsuch and Kavanaugh on lying about abortion views

Posted on by Aysha Qamar

As the country continues to process the overturn of Roe v. Wade, the landmark case that made abortion legal nationwide, Rep. Alexandria Ocasio-Cortez called on the Senate Monday to question whether Supreme Court Justices Neil Gorsuch and Brett Kavanaugh lied under oath about their views on the case.

During their Senate confirmation hearings, both Gorsuch and Kavanaugh said that they viewed Roe v. Wade as a settled “precedent” that had been “reaffirmed many times.” However, when the time came to uphold that precedent and vote, the two thought otherwise.

Ocasio-Cortez joined with Rep. Ted Lieu to write a letter to the Senate asking them to investigate whether Kavanaugh and Gorsuch lied under oath to the Senate Judiciary Committee in order to become confirmed.

"Multiple Supreme Court Justices misled the American people during their confirmation hearings about their views on Roe v. Wade and Casey v. Planned Parenthood," Ocasio-Cortez and Lieu said in the letter to Senate Majority Leader Chuck Schumer. "At least two of them, Justices Brett Kavanaugh and Neil Gorsuch, directly lied to Senators.

"We respect the right of individual Justices to have their own views on various constitutional issues," the letter continued. "But we cannot have a system where Justices lie about their views in order to get confirmed. That makes a mockery of the confirmation power, and of the separation of powers."

We cannot allow Supreme Court nominees lying and/or misleading the Senate under oath to go unanswered. Both GOP & Dem Senators stated SCOTUS justices misled them. This cannot be accepted as precedent. Doing so erodes rule of law, delegitimizes the court, and imperils democracy. https://t.co/yZW6BKnqFG

— Alexandria Ocasio-Cortez (@AOC) July 11, 2022

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Following their vote in the Dobbs v. Jackson Women’s Health Organization case, which overturned Roe v. Wade, several lawmakers who voted to confirm Gorsuch in 2017 and Kavanaugh in 2018 expressed concern at the consequential outcome, saying they felt misled by the two justices, Business Insider reported.

”This decision is inconsistent with what Justices Gorsuch and Kavanaugh said in their testimony and their meetings with me, where they both were insistent on the importance of supporting long-standing precedents that the country has relied upon," Sen. Susan Collins, an abortion rights supporter, said in a statement.

"I trusted Justice Gorsuch and Justice Kavanaugh when they testified under oath that they also believed Roe v. Wade was settled legal precedent and I am alarmed they chose to reject the stability the ruling has provided for two generations of Americans," Sen. Joe Manchin said in a statement. While personally against abortion, Manchin supports legislation to protect abortion rights.

The letter isn’t the first time Ocasio-Cortez questioned the SCOTUS justices lying during their respected confirmations.

In her argument that the two lied, Ocasio-Cortez emphasized the point that even Republicans who supported Gorsuch and Kavanaugh were shocked by their recent votes. She added that lying under oath is a serious offense that she believes calls for impeachment.

"To allow that to stand is to allow it to happen," Ocasio-Cortez told NBC News on June 26. "What makes it particularly dangerous is that it sends a blaring signal to all future nominees that they can now lie to duly elected members of the United States Senate in order to secure Supreme Court confirmations and seats on the Supreme Court."

Lieu also previously accused some justices of lying about their stance on Roe v. Wade. The day the Dobbs’ decision was announced, Lieu posted a message about a Gallup poll that found confidence in the Supreme Court’s support for abortion rights was at a low.

"Multiple conservative Supreme Court Justices led the American people to believe that Roe v. Wade was settled precedent during their confirmation hearings," Lieu wrote in the June 24 tweet. "The American people now know these Justices lied. And now public confidence in the Court is at its lowest level in history."

Both Lieu and Ocasio-Cortez vowed to fight for abortion rights following the official verdict.

"People will die because of this decision," Ocasio-Cortez said. "And we will never stop until abortion rights are restored in the United States of America."

Take heart: Democrats will beat expectations this November

Posted on by Kerry Eleveld

Remember when there was no way Democrats could win two Senate seats in Georgia to take control of the upper chamber? Remember when Ukrainian forces were going to crumble under Russia's elite military onslaught in a matter of days?

Things don't always go the way Washington analysts project they will, and it's going to take some time to talk ourselves down from the steady red-wave drumbeat we’ve endured for the last six months. But let's take a stab at it, shall we?

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Democrats—voters and lawmakers—have at least a handful of reasons (if not more) for some guarded optimism as we barrel toward November.

1) As halting as the White House response to the Supreme Court overturning Roe v. Wade has been, President Joe Biden has started to step up. His support for a Senate filibuster carve out on abortion along with his pledge to immediately sign a bill codifying Roe into federal law once it hits his desk are the makings of an electoral rallying cry.

"We need two additional pro-choice senators and a pro-choice House to codify Roe as federal law. Your vote can make that a reality," Biden said Friday at the White House as he vehemently denounced the Supreme Court ruling.

“We cannot allow an out-of-control Supreme Court, working in conjunction with extremist elements of the Republican Party, to take away freedoms and our personal autonomy,” he said.

The president also framed the high court as a political entity acting outside of its rightful legal domain, teeing up the possibility that he could at some point take on court reform as an issue.

"What we’re witnessing wasn’t a constitutional judgment. It was an exercise in raw political power," Biden charged.

But let's not get ahead of ourselves. Biden gave a great speech on Friday, channeling activists' rage, pledging to codify Roe, promising to veto any GOP-passed federal abortion ban, encouraging Americans to register their rage at the polls this fall, and being specific about needing at least two more pro-choice senators and a pro-choice House in order to pass federal abortion protections.

Biden hasn't delivered everything abortion activists want, but that's certainly enough to work for a midterm message.

2) House Democrats have keyed in on the only viable path for them to blunt losses this fall and just maybe salvage their majority: boldly attacking extremist GOP candidates.

Retiring Rep. John Yarmuth of Kentucky summed up the strategy best: “If we win, it’s because we scared the crap out of people about the maniacs who will be in charge.”

Democrats aggressively pounding extremist Republicans who are pushing a national abortion ban, clinging to 2020 election fraud conspiracy theories, and backing Jan. 6 rioters as patriotic protesters exercising First Amendment rights are the best plays Democrats have. They’re both base motivators and appeals to the few sane Republicans and swingy abortion supporters who still exist.

Political strategists vary between predicting the midterms will either primarily be driven by economic dissatisfaction or anger over the Supreme Court's gutting of abortion protections and other privacy rights down the road.

But in a telephone briefing last week, Democratic strategist Simon Rosenberg predicted November would mainly be another matchup between the MAGA movement and the anti-MAGA majority that has carried the day in the last two elections.

Running toward Donald Trump after his 2020 loss and failed January coup attempt "was always an enormous political risk," Rosenberg said of the GOP, adding that Republicans haven't done anything in the interim to sway swing voters.

3) The generic ballot has moved several points in the direction of Democrats since the Supreme Court overturned Roe.

CNN's Harry Enten has counted eight different polls in which Democrats gained ground in a generic matchup since the Dobbs ruling.

"The average shift was about 3 points in Democrats’ favor," Enten writes. "This 3-point change may not seem like a lot, and it could reverse itself as we get further away from the ruling. Still, it puts Democrats in their best position on the generic ballot in the last six months."

4) Trump falling, DeSantis rising—that about sums up a dynamic that could increasingly begin to take center stage amid jockeying for position in the 2024 GOP presidential contest. While Trump is arguably still the most popular person within the Republican Party, even his voters have begun to sour on the idea of him making another run for the GOP nomination. And as Trump’s star begins to fall, DeSantis is increasingly gaining steam.

Democrats can only hope Trump does something impulsive, like make a surprise candidacy announcement before November as he feels the Jan. 6 panel (and maybe even the Justice Department) increasingly breathing down his neck. He would lose a ton of fundraising flexibility by announcing early, but hey, once you’ve orchestrated a coup to overthrow your own government, all bets are off.

But even if he doesn't, Trump is wounded—perhaps not fatally, but wounded nonetheless. Republicans and even the MAGA faithful are beginning to debate and sometimes doubt whether he should run again in 2024. That tinge of uncertainty could lead to fissures ahead of a midterm where Republicans had hoped their base would be singularly focused on inflation and rage against President Biden.

5) The Jan. 6 hearings are the best political thriller going. Forget House of Cards—that was kid stuff compared to this coup-dunit mystery unfolding in real time on screens across the country. Did the president of the United States really intend to get his vice president killed? Did he plan to personally do it himself, or did he just envision ordering his troop of ragtag domestic terrorists to hang Pence from the gallows? Who's going to tell us, who's talking, who isn't, and who's going to end up in jail?  

Every hearing seems to get more riveting and exponentially worse for Trump, his demented braintrust, and the GOP lawmakers who helped plot the attempted overthrow of the republic. Several headlines last month suggested not many people were watching the hearings in real time, but that’s not the measure of whether the hearings are breaking through. The progressive consortium Navigator Research released a poll Monday showing that 64% of Americans report having seen, read, or heard about the hearings (28% heard “a lot” while 36% reported hearing “some”)—perfectly consistent with the 63% who said they had heard some or a lot about last month's hearings. So interest hasn’t trailed off one bit.

So regardless of whether Trump announces a presidential bid before November, the Jan. 6 hearings are reminding all the people who voted against him in 2020 (more than 81 million Americans) exactly why they voted him out of office. And for Trumpers, the hearings are just making him look weak, out of control, and powerless. Unlike both of his impeachment proceedings, Trump doesn't have an entourage of talking heads defending him because the usual suspects are either ducking subpoenas or dodging cameras. So Trump's out there just dangling with an occasional statement on his spectacularly flailing Truth(er) Social, but that's about it.

Again, this isn't what Republicans were hoping for several months out from Election Day—a series of ongoing public hearings that they are powerless to stop and have no earthly idea of what will be uncovered.

All of these factors along with the GOP's field of D-list candidates should give Democrats fuel to fight another day. Just like every other election since 2016, this year's midterms will likely yield unprecedented results to match the unprecedented times in which we live.

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Colorado Pregnancy Center Set On Fire, Vandalized Hours After Roe v. Wade Decision

Posted on by Becky Noble

A pregnancy center in Longmont, Colorado was vandalized with spray paint and set on fire early Saturday morning, just hours after the Supreme Court decision overturning Roe v. Wade. 

According to authorities, fire broke out around 3 a.m. Officials also said that the building sustained fire damage.

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Other Damage And Who Might Have Caused It

In addition to the fire, which authorities are investigating as arson, the front entrance to the building had been vandalized with black spray paint with symbols often used by Antifa, and a statement reading, “if abortions aren’t safe neither are you.”

That phrase has been found at the scene of other attacks, like the firebombing in Buffalo, New York.

Radical pro-abortion activists groups like “Jane’s Revenge” and “Ruth Sent Us” have taken credit for some of the attacks.

Protests and violence broke out in several cities over the weekend following the new landmark Supreme Court decision.

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Ramping Up Violence

The violent rhetoric and protests by leftists pro-abortion activists has been escalating since a draft of the decision was leaked in May. While speculation abounds as to who might have leaked the document, there has been no recent information on the incident.

Earlier this month, an assassination attempt on Justice Brett Kavanugh was thwarted when a California man was arrested near Kavanaugh’s home in Maryland carrying such items as knives, a pistol, ammunition, pepper spray, and zip ties.

Since then, there have been attacks on crisis pregnancy centers and churches in at least 20 states and Washington D.C. The attacks have ranged from graffiti on the walls of centers and churches in Washington state and in the south, Molotov cocktails hurled at the pro-life Wisconsin Family Action Center, and a firebombing previous to the one in Colorado taking place in Buffalo, New York.

Abortion protesters also essentially held Arizona lawmakers hostage Friday night as they attempted to breach the State capitol building. Elected officials were told not to exit the building and tear gas was used to disperse the crowd.

Other Supreme Court Justices have had protests take place outside their homes. 

RELATED: CNN’s Ana Navarro Uses Relatives With Down Syndrome, Autism To Defend Right To Have Abortions 

When Rhetoric Meets Reality

Back in 2020, then Senate Minority Leader Chuck Schumer (D-NY) appeared to threaten Justices Kavanaugh and Neil Gorsuch should any abortion laws be rolled back.

“I want to tell you, Gorsuch, I want to tell you, Kavanaugh, you have released the whirlwind and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.”

After the decision on Friday, Rep. Alexandria Ocasio-Cortez (D-NY) called the Court “illegitimate” and encouraged pro-abortion activists to go “into the streets” to fight the ruling.

Rep. Maxine Waters (D-CA), also previously known for encouraging confrontation after former President Donald Trump’s election, also joined protesters outside the Supreme Court building,

“The hell with the Supreme Court—we will defy them. Women will be in control of their bodies.” Then, referencing the crowd, said to reporters,”You see this out here? You ain’t seen nothing yet.”

The FBI is assisting in the investigation in Colorado.

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The post Colorado Pregnancy Center Set On Fire, Vandalized Hours After Roe v. Wade Decision appeared first on The Political Insider.

AOC Wants ‘Consequences’ For Supreme Court Justices, Impeachment For Clarence Thomas

Posted on by Rusty Weiss

Far-left Democrat Representative Alexandria Ocasio-Cortez (AOC) is calling for there to be “consequences” for Supreme Court Justices she claims “lied under oath” and suggested they need to face impeachment.

The Supreme Court on Friday overturned the landmark Roe v. Wade decision that legalized abortion at the federal level.

Some Senators have claimed that by stating during their Senate confirmation hearings that Roe v. Wade was “settled” – which it was at the time they went through the nomination process – Justices Neil Gorsuch and Brett Kavanaugh “lied under oath.”

Senator Joe Manchin (D-WV), for example, released a statement indicating he “trusted Justice Gorsuch and Justice Kavanaugh when they testified under oath that they also believed” the landmark ruling was “settled legal precedent.”

“What I believe that the President and the Democratic Party needs to come to terms with is that this is not just a crisis of Roe, this is a crisis of our democracy,” AOC said in an interview with Chuck Todd on Sunday.

The congresswoman was then asked about investigations being launched as a means to remedy the left’s perceived grievance.

RELATED: Justice Alito’s Opinion Doesn’t Just Overturn Roe v. Wade, It Shreds It to Pieces

AOC Calls for Impeachment of Supreme Court Justices

Being a day that ends in ‘Y,’ AOC explained to Todd that investigations and possibly impeachment were the way to go following the Supreme Court’s ruling.

Todd asked her if she thinks “the House Judiciary Committee should begin the process of an investigation” into Kavanaugh and Gorsuch. 

“If we allow Supreme Court nominees to lie under oath and secure lifetime appointments … we must see that through,” she said of possible investigations.

“There must be consequences for such a deeply destabilizing action and hostile takeover of our democratic institutions,” AOC hyperventilated. “This is a crisis of legitimacy.”

AOC then focused her ire toward justice Clarence Thomas, the longest-serving justice, the second black justice, and the most conservative member currently serving on the Supreme Court.

“We have a Supreme Court Justice whose wife participated in January 6th,” AOC said failing to discern between those who wanted election fraud investigated and those who took part in the Capitol riot.

AOC has targeted Thomas for impeachment for some time, following reports that Thomas’ wife, Virginia Thomas, exchanged text messages with Trump White House chief of staff Mark Meadows about alleged election fraud.

“Clarence Thomas should resign,” she has tweeted.

RELATED: AOC Calls To Impeach Clarence Thomas, The Only Black Supreme Court Justice

Ocasio-Cortez Calls Court ‘Illegitimate’

Kavanaugh has also been the subject of smears from the New York socialist, having been maligned by AOC for being “credibly” accused of sexual assault.

“Reminder that Brett Kavanaugh *still* remains credibly accused of sexual assault on multiple accounts [with] corroborated details [and] this year the FBI admitted it never fully investigated,” she tweeted in December.

“Yet the court is letting him decide on whether to legalize forced birth in the US,” Ocasio-Cortez added.

In reality, a Senate Judiciary report from 2018 which investigated the sexual misconduct allegations against Kavanaugh showed there was “no evidence” to support any of the claims that were made against him – including the testimony of Christine Blasey Ford.

After the Supreme Court’s ruling, AOC joined protesters outside the building in chanting that the Court itself is “illegitimate,” even as Kavanaugh was the victim of an assassination attempt and there have been nearly 50 attacks on pro-life centers across the country.

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Infowars host Owen Shroyer overlooked in abortion coverage while Jan. 6 plea deal may be in works

Posted on by Brandi Buchman

Owen Shroyer has a history of promoting his anti-abortion stance publicly. There is a reported record of his sharing misinformation or outright false information about organizations like Planned Parenthood, including the lie that they engage in human sacrifice rituals. 

This is untrue, like much else that springs forth from Shroyer’s lips or that of his cohort, Alex Jones, the host of the popular right-wing conspiracy program known as InfoWars.

And if people were unfamiliar with Shroyer for InfoWars, or perhaps wouldn’t recognize his face from a public outburst he had during an impeachment inquiry hearing for Trump in 2019—he was hauled out by police—they could also turn to the wealth of public reporting that exists about Shroyer and his very public fight to beat charges related to the attack of the U.S. Capitol on Jan. 6.

Owen Shroyer was led out of a public impeachment inquiry hearing for President Donald Trump. 

And yet, when ABC ran World News Tonight on Sunday, the network included a video clip where Shroyer is briefly interviewed about his anti-abortion stance. He is, bizarrely, identified only as a “protester” in the chyron below his name.

Christine Pelosi talks about the Supreme Court's leaked decision on Roe v. Wade, and what Democrats are doing now, on Daily Kos’ The Brief podcast

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Noted by Media Matters for America first, what makes the chyron particularly concerning is that less than 24 hours before this interview in Texas by a reporter for ABC’s KVUE affiliate, Shroyer boosted his apperance on Infowars for over an hour. 

During that Infowars program, Shroyer is even seen in clips wearing the same shirt as he did in the ABC interview. He was also carrying a giant picture of a crying baby’s face with him that he apparently cut out, glued to a stick, and held up over his own to taunt pro-abortion rights activists. 

The plain descriptor of Shroyer at the protest is also troublesome because of his history of trolling the abortion rights movement and capitalizing on fears of violence. On the ninth anniversary of the murder of Dr. George Tiller in 2018 by Scott Roeder, for example, Shroyer coordinated a protest in Texas and live-streamed right outside of the Texas Planned Parenthood. 

Meanwhile, Shroyer’s defense attorney made a virtual appearance in federal Washington, D.C., court on Monday afternoon as his client pushes to have criminal charges for Jan. 6 dropped, including entering restricted grounds and disorderly conduct. 

Shroyer, who was arrested in August, has argued that because he is a journalist he should not be charged. His conduct on Jan. 6, he claims, was protected speech under the First Amendment. 

Interestingly, when Shroyer’s Infowars colleague Alex Jones was in divorce court fighting for custody of his children with then-wife Kelly Jones, Alex Jones’s lawyer described Infowars—on the record—as “fake news” and told the judge that Jones was just playing a character. 

Shroyer couched his First Amendment claim in the argument that he was merely trying to calm the mob at the Capitol on Jan. 6 and essentially do crowd control. The judge presiding over his case, U.S. District Judge Tim Kelly, an appointee of former President Donald Trump’s, rejected that bid once before. 

Motion to Dismiss Shroyer Second Attempt by Daily Kos on Scribd

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Another status conference for Shroyer was set for June 23, according to an entry on the court docket by Judge Kelly. 

Shroyer’s attorney, Norm Pattis, told Daily Kos in an email Monday, that after the hearing Monday, no plea agreements had been struck yet. 

“We are negotiating,” he said. 

Another plea agreement appears to be well in the works for fellow Infowars staffer Samuel Christopher Montoya.

Montoya—who was reported to the FBI by his family before his arrest last April—was meant to appear in court Monday for a status conference. But late last week, his attorney filed a motion to delay the hearing as a plea agreement was negotiated. 

US Montoya Motion to Continue Hearing by Daily Kos on Scribd

Scribd Content

Schiff: ‘The court is the most unrepresentative body in the U.S.’ and ‘needs to be unstacked’

Posted on by Joan McCarter

The effort by a handful of committed Democrats to elevate Supreme Court expansion got a powerful boost this week when Rep. Adam Schiff (D-CA) added his voice. In a tweet Wednesday, Schiff said: “What I care about is that a small number of conservative justices, who lied about their plans to the Senate, intend to deprive millions of women of reproductive care. Codifying Roe isn't enough. We must expand the court.”

He elaborated on that in an interview with CBS News’ Robert Costa Thursday. “I think the court is now the most unrepresentative body in the United States,” He said. “It is a socially conservative court that has moved in a partisan direction to enact a partisan agenda. And it is the result of Mitch McConnell withholding a justice when Barack Obama was president and then forcing through a justice in the waning days before the election with President Trump.”  

Rep. Adam Schiff on why he has called for the Supreme Court to be expanded: "I think the court is now the most unrepresentative body in the United States." pic.twitter.com/xJ7WKIH1Vt

— CBS News (@CBSNews) May 5, 2022

“As a result, the court is now stacked in this socially conservative way and I think it needs to be unstacked,” he continued. 

“Stacked” or “packed” by McConnell and Trump, choose your rhetoric, the result is the same: “the court is now in a position to force on America a policy regarding abortion that America does not agree with, that puts women’s health at risk and I think is disastrous for the country.”

Christine Pelosi talks about the Supreme Court's leaked decision on Roe v. Wade, and what Democrats are doing now, on Daily Kos’ The Brief podcast

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The first order of business for congressional Democrats, he said, is to hold the vote on legislation to codify Roe v. Wade. He had a message for the two supposedly pro-choice senators who aided and abetted McConnell and Trump in this, as well as for the anti-filibuster Democrats: “I have to hope that some of these senators that bought these assurances from these Supreme Court nominees when they—before the Senate, under oath—said that they would respect precedent, having seen those promises betrayed, would support legislation now to codify Roe and do what’s necessary to overcome the filibuster to do it.”

That’s not going to happen, not even for as profound an issue as saving reproductive rights. But don’t get discouraged, says another key proponent for expanding the court, Sen. Elizabeth Warren (D-MA). She gave a much-needed pep talk to all of us in Teen Vogue this week. “We may not end the filibuster in the next hour and a half, but it doesn't mean we shouldn't fight to do exactly that. To make change takes not only passion, but persistence. We gotta turn the heat up under it, and keep it up,” she said.

“Those who don't want to make change count on the fact that people get tired. Over Roe v. Wade, we don't have the luxury of getting tired. So if we want to make real change, we've got to push [to end the filibuster].”

She also gave an impassioned argument for expanding the court and for Democrats to keep fighting. “We need to be as visionary as right-wing Republicans have been,” she said. “The Roe decision, at some level, should have shocked no one. They've been working on this for decades. They've been working to stack the Supreme Court, so that it would be a handful of extremists who would deliver one opinion after another that would impose their worldview on the rest of us.”

“The number of justices on the Supreme Court is determined by Congress, that's what the Constitution says,” she pointed out. “Nine is not a magic number. It's been changed seven times before. When a court has gotten this far out of sync with American values, then it's time to expand the court and pull it back toward the middle.”

That’s the fight. It wouldn’t hurt for Schiff, who led the first Trump impeachment, to start making a legislative case for expansion by investigating all five extremist justices for swearing, under oath, to varying degrees of fealty to the idea of stare decisis—Supreme Court precedent. They all lied to different degrees about the respect they would give to the previous courts’ decisions.

They’ve, as Schiff said, squandered the integrity of the court. “[S]adly, most Americans now view the court as they should in the wake of this draft opinion as no longer a conservative legal court but merely a partisan one. The court has sadly become a partisan institution, like every other.” 

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