Election Night News

6:30 CST. I see that the Associated Press has called Vermont for Biden and Kentucky for Trump. MSNBC has called Indiana for Trump. Right now the crew at MSNBC are wringing their hands over Florida, which is a tossup.

6:45 CST. Somebody called West Virginia for Trump. Somebody called Virginia for Biden. Florida is not looking good, but it’s not over.

7:00 CST. A bunch of states. No surprises. It looks like Trump will get Florida.

7:16 CST. Mitch McConnell wins re-election. Damn. Kentucky should secede.

8:23 CST. We aren’t going to get a lot of critical states tonight, especially Pennsylvania, but I am still hoping for a strong indication that we’re in okay shape. I am trying hard not to look at states that are way early in their counting. Four years ago I knew by around 10 pm that Clinton was going to lose.

8:28 CST. Hickenlooper wins in Colorado! There’s one Senate seat flip to the Dems.

9:24 CST.  Doug Jones lost in Alabama.

9:36 CST. I could be wrong — I am wobbly with numbers — but by my calculations if Biden wins every state Clinton won in 2016 and also picks up Wisconsin and Michigan, that gets him to 259. He needs at least one more big state.

9:57 CST. Lindsey Graham wins. Damn.

10:11 CST. Oh, yuck, the worthless Governor Parson got re-elected in Missouri. Damn shame.

10:32 CST. We may not get any more results this evening, so I’m going to call it quits for a bit. Keep the faith.

10:55 CST. Somebody called Arizona for Biden, which is the first flip from 2016. Okay, now I am getting some sleep.

Why There Are Trump Trains

The recent phenomenon of swarms of cars and trucks flying Trump banners deserves comment, especially after hearing more stories about how these meatheads are threatening mayhem and blocking roads. It also makes me wonder how such bullying demonstrations of force are supposed to persuade anyone to vote for Trump. I like words; I like to hear about policy and values and such from my candidates. Force alone doesn’t appeal to me.

But then, I’m not a Trump supporter, am I?

Something I wrote last year about Trump supporters:

[M]any of our great social observers and philosophers — Erich Fromm, Eric Hoffer, Hannah Arendt — have long noted that alienated and insecure people easily surrender their own ego-identities and autonomy to mass movements and authoritarian strongmen. People march blindly into mass movements because the group provides something the individual feels is lacking in himself. Trump, to his fans, is a larger-than-life being of great power and certitude. By surrendering their autonomy to him, they feel that they absorb that power. Through Trump, they find connection, strength and a sense of belonging. The baffling, ambiguous world becomes a place of absolute clarity, with bright lines between good and bad, right and wrong, truth and lies, all as defined for them by Trump.

Something I wrote nearly four years ago, shortly after the 2016 election:

But the other thing we need to keep in mind is that people are drawn into authoritarianism by feelings of alienation and helplessness. The psychologist/philosopher Erich Fromm, who escaped Nazi Germany, saw this first hand:

“We have seen, then, that certain socioeconomic changes, notably the decline of the middle class and the rising power of monopolistic capital, had a deep psychological effect… Nazism resurrected the lower middle class psychologically while participating in the destruction of its old socioeconomic position. It mobilized its emotional energies to become an important force in the struggle for the economic and political aims of German imperialism.”

…“It was the irrational doubt which springs from the isolation and powerlessness of an individual whose attitude toward the world is one of anxiety and hatred. This irrational doubt can never be cured by rational answers; it can only disappear if the individual becomes an integral part of a meaningful world.”

We all have a deep need for a sense of connection to others and belonging to whatever society we are planted in, Fromm said. People who are jerked around and treated as disposable cogs for too long are likely to lose that sense of connection or belonging. And then they are likely to give themselves to an authoritarian dictator, because through him they think they will find power. That’s really what Trump was promising — stick with me, and you’ll share in my power. The system won’t kick you around any more.

The system kicks nearly all of us around these days; even most white people. Possibly the biggest difference between whites who flock to Trump and those who don’t is that those who don’t have the education and intellectual capacity to see the bigger picture and have some idea how the system is turning us all into serfs. All but that tiny minority at the very top, of course.

I stand by that four-year-old post, btw.

At The Atlantic, law professor Gregory Hill writes about how vehicular mayhem is becoming the preferred form of violence by the U.S. Right.

In a 102-day period following George Floyd’s death in the custody of Minneapolis police, the terrorism researcher Ari Weil identified 104 vehicle-ramming attacks that had been committed against protesters. In the overwhelming majority of cases, the perpetrators were extremists on the far right whose acts of violence were cheered online. Police officers have also driven their vehicles—in some cases SUVs or cruisers fitted with bull bars—into protesters around the country. A few attacks have allegedly been perpetrated by left-wing extremists, too. The preeminent site of violent political conflict this year has been the street, and cars have joined firearms as weapons of choice.

Unlike people who commit gun violence, drivers who hit people benefit from a certain ambiguity: Did the driver mean to run over those protesters—or just not see them? Was the driver acting out of fear? Why were the protesters in the street in the first place?  In the United States, drivers may face little accountability even for fatal crashes. Even in deep-blue New York City, one study found that more than 93 percent of hit-and-run drivers who killed their victims were not charged with any type of homicide; far more often, the incident isn’t fully investigated, the driver simply can’t be identified, or authorities treat the crash as a traffic infraction and issue a traffic ticket or file no charges at all.

Being in a truck or car also provides an illusion of anonymity. One is surrounded by metal, and behind windows, and how often do we notice normally nice people becoming complete assholes when behind a wheel? 

Why does driving turn so many of us into asshats? It’s not merely the rage aspect. We’re constantly doing socially inappropriate things when we’re inside our mobile bubbles. We cut in line, steal parking spots, fail to use our turn signals, and move ahead at a stop sign when it’s not our turn. We engage in aggressive and risky maneuvers that put our lives—and those around us—at risk.

This happens in part because cars exist in a social netherworld somewhere between public and private space. “When we’re in the car we often feel anonymous,” said Erica Slotter, a social psychologist at Villanova University. “That feeling of anonymity can sometimes mean that we behave in ways that we wouldn’t otherwise because we’re less likely to be held accountable.”

So, the “Trump trains” of trucks and cars make logical sense. These are people surrendering their individuality to Lord-God Trump, and being in vehicles make that surrender even more tangible.

I will probably come back and post something later tonight when we’ve got a few results. Don’t forget that it’s likely the early results will favor Trump; the blue shift is likely to come later. Stay safe, and keep breathing.

Feel Free to Say What’s On Your Mind

Yes, I’m still here. But until the polls are closed tomorrow I don’t want to write about the polls or the election and what stupid/despicable thing Donald Trump has done in the past few hours, and that’s pretty much what’s in the news.

This week is likely to be a roller coaster, at best. We may still be waiting for results this time next week. My worst fear is that Trump’s thugs will break into election offices and destroy ballots before they are counted, but maybe it won’t come to that.

As the header says, feel free to say whatever is on your mind.

Just Keep Breathing

I am not going to write about polls any more, at least until Tuesday night. Here’s some music.

You may have heard that police broke up a peaceful get out the vote rally yesterday in North Carolina. See Julia Craven, North Carolina’s Police Attack on Election Marchers Had a Long History Behind It: A racist sheriff and a system of voter suppression meet in a cloud of pepper spray at Slate.

See also Why Are Republicans So Afraid of Voters?

The Enemy Among Us

A few weeks ago I wrote about the county mask mandate where I live now and the many people who turned out to protest it. The police had declared they would not enforce the mandate. Even so, I started seeing a lot more people wearing masks, so I thought we’d made some progress. But maybe not.

This week the county health director resigned. However, I didn’t know until yesterday that she and her family had received threats and harassment. I learned about the threats and harassment only because it was reported in St. Louis media; the local newpaper didn’t bother to mention it.

The St. Louis Post-Dispatch:

Amber Elliott took over as director of the St. Francois County public health department in January, excited to take the position after serving five years as assistant director and a communicable disease nurse for the department.

Elliott was looking forward to tackling issues such as opioid addiction, lead poisoning and childhood trauma with her staff of nearly two dozen employees.

She did not expect that within a few months her small health department about an hour south of St. Louis would be overwhelmed with fighting a pandemic. But what has been even more surprising are the threats and harassment she and her family have faced as she works to protect her community.

“There’s been many over the course of eight months, to personal attacks on Facebook calling me every name in the book, to calling me and cussing me and saying I’m stupid and I’m incompetent and I don’t know what I’m doing, of course the pandemic is fake, and all those type of things,” Elliott said.

People told her they were following her, that they were watching her. They took pictures of her, her husband and her two elementary school-age children in public and posted them online with remarks she doesn’t want to repeat.

Citing the need to protect her children and after receiving another promising job offer as a nurse, Elliott resigned last week as director. Her last day will be Nov. 20.

It turns out that Elliott is the 12th local health director to resign in Missouri since the pandemic hit, according to Kelley Vollmar, chair of the Missouri Association of Local Public Health Agencies. Vollmar also has been threatened.

Vollmar said she has experienced harassment being a director as well. As a domestic violence survivor, she had worked to keep the location of her home private, but people searched her tax records, divorce records, committees she’s served on and posted information online to determine where she lived, she said. …

… A gun shop owner in the county uses his Facebook page to attack her credibility, warning that gun owners will “decide they’ve had enough of the lies.” Someone, she said, called her husband saying she was out with another man. People posted pictures of her on social media, altered to make her look like Adolf Hitler or comparing the health department to Nazis.

I’m assuming most of these thugs are Trump supporters. So our real-world brownshirts who support the fascist dictator wannabe Trump ridicule a health director by comparing her to a Nazi. Work that one out. Not exactly geniuses, these folks.

The Post-Dispatch article goes on to discuss health directors and other officials around the country who have been threatened and harassed for doing their jobs and trying to keep people safe. These thugs live among us, and they aren’t going to evaporate if Donald Trump loses the election.

Yesterday the U.S. reported a world record of more than 100,000 COVID-19 cases in single day. We’re Number One!

St. Francois County is currently averaging 65 new cases of covid per 100,000 residents per day. Most of the people I know here are over 65, and a lot of them have been pretty much housebound since last spring to stay safe from the pandemic. And the county mask mandate has expired and will not be renewed.

If we can get through the next few days without widespread violence related to the election, we’re going to be extremely lucky.

“Militia groups and other armed nonstate actors pose a serious threat to the safety and security of American voters,” said the Armed Conflict Location & Event Data Project, a nonprofit organization that researches political violence and has tracked more than 80 extremist groups in recent months. The project’s report said Georgia, Michigan, Pennsylvania, Wisconsin and Oregon “are at highest risk of increased militia activity in the election and post-election period.”

Unfounded rumors spreading in right-wing circles on Facebook and throughout conservative media have fixated for weeks on the notion that civil war is nigh. The longtime radio and TV commentator Glenn Beck has plied his millions of followers with the idea that the left has an Election Day “playbook” for civil strife.

“The Left” has no such “playbook.” This is not to say that no U.S. leftie ever committed an act of violence, but the Left right now just wants people to vote and for the votes to be counted. It’s the Right that is much more likely to disrupt the election. See, for example, Self-Proclaimed ‘Proud Boy’ Arrested for Threatening to Blow Up North Dakota Polling Place: Police.

And this:

In Michigan, two right-wing operatives were charged with voter intimidation after robocalls that falsely warned that the names of mail-in voters would be placed in a public database used for arrest warrants and debt collection.

I’m not sure what’s to be done with this situation. It’s going to be with us for a long, long time.

Update: This just reported.

Joe Biden’s presidential campaign canceled a Friday event in Austin, Texas, after harassment from a pro-Trump contingent. …

… But when the Biden campaign bus drove to Austin, it was greeted by a blockade of pro-Trump demonstrators, leading to what one Texas House representative described as an escalation “well beyond safe limits.”…

… Historian Dr. Eric Cervini was driving to help with the Biden campaign stop when he filmed a line of pickup trucks along the highway, many of them flying Trump flags. The drivers were “waiting to ambush the Biden/Harris campaign bus as it traveled from San Antonio to Austin,” Cervini tweeted.

“These Trump supporters, many of whom were armed, surrounded the bus on the interstate and attempted to drive it off the road,” he alleged. “They outnumbered police 50-1, and they ended up hitting a staffer’s car.” …

Footage from a CBS affiliate in Austin shows Trump supporters with signs and bullhorns surrounding the bus when it parked, with one person screaming that Biden was a communist.

Armed protesters against pandemic safety measures rally at the state capitol in Lansing, Michigan on April 15, 2020.

Just a Little Longer …

As anxious as most of us are now, It might be worse next week. There’s a long article by Ron Suskind at the New York Times that I’ve been encouraging people to read all the way through, if they can. I realize not everybody subscribes, so here’s just a bit:

Nov. 4 will be a day, said one of the former senior intelligence officials, “when he’ll [Trump] want to match word with deed.” Key officials in several parts of the government told me how they thought the progression from the 3rd to the 4th might go down.

They are loath to give up too many precise details, but it’s not hard to speculate from what we already know. Disruption would most likely begin on Election Day morning somewhere on the East Coast, where polls open first. Miami and Philadelphia (already convulsed this week after another police shooting), in big swing states, would be likely locations. It could be anything, maybe violent, maybe not, started by anyone, or something planned and executed by any number of organizations, almost all of them on the right fringe, many adoring of Mr. Trump. The options are vast and test the imagination. Activists could stage protests at a few of the more crowded polling places and draw those in long lines into conflict.

A group could just directly attack a polling place, injuring poll workers of both parties, and creating a powerful visual — an American polling place in flames, like the ballot box in Massachusetts that was burned earlier this week — that would immediately circle the globe. Some enthusiasts may simply enter the area around a polling location to root out voter fraud — as the president has directed his supporters to do — taking advantage of a 2018 court ruling that allows the Republican National Committee to pursue “ballot security” operations without court approval.

Trump supporters, of course, fervently believe that everyone who isn’t a Trump supporter is part of some demonic, anti-American subversive force who must be stopped from voting. And since we may not know a winner until the end of the week, if not longer, there will be plenty of time for the hotheads to get out of control.

Still, some states will be called on election night, which might tell us which way the wind is blowing. FiveThirtyEight has published a handy guide to when to expect election results in every state. We should know the result in Florida, which could go either way, on election night, for example. Many of the early-reporting states will go for Trump, but it would be telling if his margin of victory is lower than in 2016. Some of the early-reporting states, such as Montana, South Carolina, and Colorado have critical Senate races.

The early voting suggests a really big turnout, which is supposed to favor Democrats. It looks like younger people are voting in higher numbers than usual. That should favor Democrats. I am hopeful the votes will give us a good result, if they are all counted.

Trump is on the stump declaring Covid has been vanquished and Hunter Biden Hunter Biden. See Paul Waldman, Republicans are trapped by Trump’s insane ideas about how to win this election.

Trump and the conservative media are locked in a self-reinforcing cycle in which this “issue” — fed, we should note, by bizarre and ludicrous disinformation — is all they can think about. He talks about it at his rallies, so Fox and other right-wing outlets devote endless airtime to it, and since Trump spends hours every day watching Fox, he becomes yet more convinced that it’s both vitally important and the key to his victory. And the cycle spins on.

It’s not just Hunter. One striking thing about not just Trump’s rallies but also his interviews and even his debates with Joe Biden is that Trump regularly tosses out references to a series of faux scandals and outrages that most Americans don’t understand, without bothering to explain. If you aren’t steeped in what is sometimes jokingly called the Fox News Cinematic Universe, you have no idea what Trump is talking about when he mentions Bruce Ohr or “ballots in a ditch” or “the hard drive from hell.”

I keep seeing new videos of recent rallies in which Trump repeats his “covid,covid, covid” whine, which on the local teevee news tends to be juxtaposed with recent reports of increases in cases and hospitalizations. Several of the so-called swing states are seeing a big spike in cases right now.

Paul Krugman:

On Tuesday the White House science office went beyond Trump’s now-standard claims that we’re “rounding the corner” on the coronavirus and declared that one of the administration’s major achievements was “ending the Covid-19 pandemic.”

Who was that supposed to convince, when almost everyone is aware not only that the pandemic continues, but that coronavirus cases and hospitalizations are surging? All it did was make Trump look even more out of touch.

Hang in there, peeps. Vote early if you can.

The Race Is Not Getting Tighter

The contest between Trump and Biden was supposed to tighten up in the last days of the campaigns, but here we are in the final week and Biden’s lead overall is wider. The nerds now have Trump’s chance of winning down to 11 percent, and Biden’s at 88 percent. That’s the biggest advantage for Biden yet.

In 2016, with a week to go, the nerds had Clinton 45, Trump 42. See also Harry Enton, CNN, 8 days to go: Biden’s lead over Trump is holding, while Clinton’s was collapsing at this point.

The Trump campaign continues to step into doodoo. The headlines this morning told us that hundreds of Trump supporters were stranded for hours in freezing temperatures at a rally venue in Omaha, waiting for buses to take them back to their cars in far-away parking lots. Many of these people were elderly. Police did what they could, but the road to the airport where the rally had taken place was clogged. Seven people were hospitalized, according to the local newspaper. It’s possible Air Force One got back to Washington before some of those rally attendees got home.

This is not a good look for Trump, who has run short of money for television ads and is relying on rallies to get publicity. But if he’s using Air Force One to fly around the country to his rallies he’s supposed to reimburse us taxpayers for that. Not cheap. The time-honored trick of incumbent presidents to get around that is to schedule some kind of official presidential event at some place that just happens to have a campaign event nearby. But I can’t tell from news stories that there was anything going on in Omaha but the rally. Trump flew in; Trump flew out.

And it says something that Trump thinks he needs to shore up support in Nebraska. In 2016 Trump beat Clinton 58.7 percent to 33.7 percent in Nebraska. See also the Cook Political Report, Biden’s Path to 270 Widens, Trump’s Path Narrows, as Texas Moves to Toss Up.

Greg Sargent writes that the newest polls show a dip in support for Trump among White voters, including not-college-educated White voters. Most of this shift from red to blue is because of Trump’s botched pandemic response, Sargent says, although a lot of it is disgust at Trump’s race-baiting.

It’s also the case that Trump clearly had counted on fanning the Hunter Biden scandal to squeak out another Electoral College win, but this time major news media haven’t gone along. See Tina Nguyen at Politico, MAGA scrambles to repair the Hunter Biden narrative. “The Wall Street Journal and Fox News have both reported finding no evidence that former Vice President Joe Biden benefited from the Hunter Biden business dealings that have drawn scrutiny,” Nguyen writes.

The Biden laptop and Clinton email scandals differ in some substantial ways, seems to me. One, the FBI really was investigating Clinton’s emails, and the concern over Clinton’s private server goes back to 2009. It wasn’t a controversy the Trump campaign had to generate. But beside the fact that Hunter Biden isn’t even the candidate, from the beginning the White House and Trump campaign not only had their fingerprints all over the Biden-Ukraine story, they’ve been the sole source of information on new developments, such as the laptop from hell and the alleged Hunter Biden sex tapes (from China via Steve Bannon). Outlets like Breitbart and Gateway Pundit have published everything the Trumpers put out about Hunter Biden, but the more establishment sections of right-wing media have been much more cautious with the stuff. See also Trump Had One Last Story to Sell. The Wall Street Journal Wouldn’t Buy It. by Ben Smith at the New York Times.

About a hundred years ago, when I was a student at the University of Missouri School of Journalism, we students got warned about taking jobs with tabloids. Note that the professors at this J School were not academic types but people with years of experience as working journalists. One old newswriting prof named Tom Duffy used to tell us great stories about covering Chicago mobsters as a newspaper reporter in the 1930s, for example. He was a hard ass, but he knew newspapers.

Anyway, the word was that we seniors might get job offers from the supermarket tabloids like the National Enquirer, and that these offers would be tempting because the tabloids paid a lot better than regular newspapers. But, we were told, if you take that job, it’s the only journalism job you will ever have. There was no moving from the supermarket tabloids to legitimate journalism, they told us. I thought of that when I read about the Wall Street Journal playing down the laptop story. Trump will be gone soon enough, but the Wall Street Journal will still live or die by its reputation as a legitimate news source. I guess there are places it won’t go.

One can’t say the same about the New York Post, which is part of the Murdoch empire, but at least one reporter withheld his byline from a Hunter Biden story.

On the other hand, David Graham at the Atlantic complains that the press is giving Trump a free pass and not reporting on some recent scandals, such as his stripping of civil service protections from federal employees.. But if you read Graham’s article, you notice that Graham is learning about the scandals from newspaper stories, like this one. I infer that his gripe is that lots of stuff going on is not being covered on the teevee news. But yeah, we need media reform, bug time. We’ve needed it for years.

But this is Trump’s most recent outrage — Trump to strip protections from Tongass National Forest, one of the biggest intact temperate rainforests.

President Trump will open up more than half of Alaska’s Tongass National Forest to logging and other forms of development, according to a notice posted Wednesday, stripping protections that had safeguarded one of the world’s largest intact temperate rainforests for nearly two decades.

As of Thursday, it will be legal for logging companies to build roads and cut and remove timber throughout more than 9.3 million acres of forest — featuring old-growth stands of red and yellow cedar, Sitka spruce and Western hemlock. The relatively-pristine expanse is also home to plentiful salmon runs and imposing fjords. The decision, which will be published in the Federal Register, reverses protections President Bill Clinton put in place in 2001 and is one of the most sweeping public lands rollbacks Trump has enacted.

Next week, if Joe Biden finds himself called upon to give a victory speech, I want him to issue a warning to the developers and the logging companies that the protections will be back in place as soon as he’s inagurated, so don’t bother moving equipment to start ripping up the Tongass National Forest.

What Will We Do About the Supreme Court?

The nation’s editorial pages are full of SCOTUS commentary today. Here is a sampler.

Let’s start with the New York Times, which is running a Supreme Court special section of op eds headlined How to Fix the Supreme Court.  Emily Bazelton’s How We Got Here is worth reading. She describes several times in past history in which the Supreme Court was smacked down by the other branches. For example, the number of justices was increased to nine (in 1869) by Congress in anticipation of their interference with Reconstruction. Bazelton continues,

The most pressing question now is whether the conservative majority will issue rulings on voting, the census, redistricting and other foundations of fair and free elections that threaten the majoritarian nature of American democracy itself. If the conservative justices take these steps, they will entrench the power of the Republican Party that gave them their seats just as an increasingly multiracial electorate shifts away from the current Republican coalition.

Even now, Republican dominance over the court is itself counter-majoritarian. Including Amy Barrett, the party has picked six of the last 10 justices although it has lost the popular vote in six of the last seven presidential elections, and during this period represented a majority of Americansin the Senate only between 1997 and 1998 (if you count half of each state’s population for each senator).

That’s a dangerous proposition for our constitutional order. The court can hold its conservative impulses in check with an eye to the future. Or it can ramp up a power struggle with the other branches that in the end — Marbury or no Marbury — it is destined to lose.

Larry Kramer, former dean of Stanford Law School, says it’s time to “pack” the court.

Liberals say that if Joe Biden wins the election, Democrats should answer by adding justices to the Supreme Court. Republicans respond with faux outrage that this would politicize the judiciary. But they have already politicized the judiciary. The question is whether only one side should play that game. Besides, not only is enlarging the Supreme Court legal, its size has changed seven times over its history.

Adding judges would be a political response to a political act. But the extremes to which Republicans have been willing to go leave the Democrats no other choice. Not for revenge or because turnabout is fair play, but as the only way back to a less politicized process.

This is a lesson we learned decades ago from economists and game theorists: Once cooperation breaks down, the only play to restore it is tit-for-tat. It’s the only way both sides can learn that neither side wins unless they cooperate.

Another fix Kramer suggests is to choose a new justice with each Congress, and the nine most recently appointed justices would be the ones to hear cases. The older justices would still be on the Court and could fill in when a current judge is unavailable. This is a way to put in term limits that would not require a constitutional amendment.

Kent Greenfield, a professor at Boston College Law School, suggests creating a new court that would deal with constitutional questions.

The most contentious and important legal issues — whether states can ban abortion, or whether the president can refuse subpoenas or mandate travel bans — should be shifted from the Supreme Court to a new court created to decide such issues….

… This court would be made up of judges from other federal courts, selected by the president from a slate generated by a bipartisan commission to create legitimacy and balance. The judges would serve limited terms, then return to their previous courts. Staggered terms would guarantee each president several appointments.

Also at the New York Times, see Melody Wang, Don’t Let the Court Choose Its Cases.

At Washington Monthly, see Garrett Epps, Independent Judiciary, RIP.  “If We the People accept without serious reform this new marsupial court as it is being contemptuously thrown to us, we do not deserve self-government.”

At the Washington Post, see Paul Waldman, There’s no more doubt: Democrats have to expand the Supreme Court.

Keep this image in your mind: Justice Amy Coney Barrett, standing with President Trump on a balcony at the White House, smiling in satisfaction as the crowd below them whoops and hollers with joy after Barrett was sworn in to the Supreme Court.

Barrett no longer needs to pretend that she’s anything other than what she is: a far-right judge, installed on the Supreme Court by a president who got fewer votes than his opponent and confirmed by a Republican majority that represents fewer voters than their Democratic colleagues, whose job it will be to do everything in her power to maintain minority GOP rule while carrying out a conservative judicial revolution.

That picture of Barrett and Trump reveling in their mutual triumph was so vivid that the Trump campaign literally turned it into an ad for the president’s reelection. A different person might have said, “Mr. President, it wouldn’t be appropriate for me to participate in such a nakedly political event.” But Barrett wasn’t concerned. She didn’t shout “MAGA 2020! Suck it, libs!” but she might as well have.

Trump and Barrett after Barrett’s swearing-in at the White House.

Waldman continues,

“A lot of what we’ve done over the last four years will be undone, sooner or later, by the next election,” he [Mitch McConnell] said Sunday about Barrett’s nomination. “But they won’t be able to do much about this for a long time to come.”

But they can, and they should, no matter how much Republicans whine about it. If voters give them the White House and the Senate, they’ll have the legal right and the moral obligation to do so. Without it we won’t have a real democracy.

Of course, people are asking if Joe Biden has the cojones to expand the court. I don’t know, but a Democratic-controled Congress wouldn’t have to wait for Joe Biden. Congress could pass a bill for Biden to sign, and I believe he would sign it.

Other commentary from WaPo:

At Talking Points Memo, Josh Marshall writes See the Corrupt Court for What It Is. This is a members-only article, so I’ll quote a bit.

If you needed to know anything more about Amy Coney Barrett – I didn’t, but if you did – she made her first act last night appearing at a splashy campaign event for President Trump. Once the Senate voted to confirm her on a party line vote, she had a lifetime appointment and literally no need for anything from President Trump. Indeed, she would quite likely have marginally improved the odds that the corrupt conservative Court majority would remain in place by declining such an appearance.

She did it anyway and that was a choice.

Also, too:

Meanwhile, Justice Kavanaugh, himself a former Republican political operative rinsed and rebranded as a High Court Justice, issued another ruling to restrict voting access in the current election. Critically and ominously he added what amounted to a threat to use the Court to block vote counting after election day or mail-in votes altogether. Kavanaugh laundered Trump’s tweet threats into SCOTUS-ese. But the message was the same. He aped the Trump’s line about “chaos” and uncertainty if there’s no definitive result on election night even though the election night result is purely a function of election calls by media organizations. No states publish or certify election results on election night. It always takes days and usually weeks to do.

We all understand that we’re used to knowing who won on election night and we’d all like this to be done. But Kavanaugh’s gambit highlights the fact that knowing the results on election night or halting the counting of votes on election night is purely a figment of press schedules and cannot have any legal or constitutional standing. He is simply part of the greater Republican corruption and its increasingly open program to use the power and legitimacy of the Supreme Court to engineer Republican election victories even its candidates can’t muster the most votes. It is a corrupt program; it is a corrupt Court.

Related: Mark Joseph Stern at Slate, Brett Kavanaugh Signals He’s Open to Stealing the Election for Trump.

At the Atlantic, see Emma Green, The Amy Coney Barrett Hail-Mary Touchdown.

Republicans look to the Supreme Court as a firewall for their agenda. Conservative advocacy groups spent millions on swing-state ads meant to pressure Republican senators, points out James Wallner, a Republican former senior Senate staffer and current fellow at the R Street Institute. “It’s nonsense to suggest it’s not supposed to be political,” he told me.

Even after four years of controlling the Senate and the White House, along with two years of holding the House of Representatives, “Republicans don’t have a lot to show for [themselves],” Wallner said. “Confirming Barrett right before Election Day is a continuation of a trend: We have to do something.” In the absence of major legislative achievements, he said, the judiciary has become an arena where Republicans, the party of small government, look to entrench their power. The party’s instinct “is not to check the Court. It’s to control the Court,” Wallner said.

Also at the Atlantic: Angus King Jr. and Heather Cox Richardson, Amy Coney Barrett’s Judicial Philosophy Doesn’t Hold Up to Scrutiny.

Originalism is an intellectual cloak drummed up (somewhat recently) to dignify a profoundly retrogressive view of the Constitution as a straitjacket on the ability of the federal government to act on behalf of the public. Its real purpose is to justify a return to the legal environment of the early 1930s, when the Court routinely struck down essential elements of the New Deal. Business regulation, Social Security, and Medicare? Not so fast. The Affordable Care Act, environmental protections, a woman’s right to choose? Forget it. And this despite the Constitution’s preamble, which states that one of its basic purposes is to “promote the general welfare.”

I wrote my own opinion of originalism a few days ago; see A Tyranny of the Dead.

Expanding the Supreme Court and other federal courts may be just the beginning, but I don’t think there’s any question it has to be done. To re-quote Garrett Epps from above, “If We the People accept without serious reform this new marsupial court as it is being contemptuously thrown to us, we do not deserve self-government.”

Anticipation

Here are reading recommendations. There’s a great commentary by David Atkins at Washington Monthly saying that Republican voters are not prepared for Trump to lose, and that’s a problem. Democrats are hoping for a win and increasingly expect to win, but I think I speak for most when I say we’re braced for a loss. But while Republican party leaders may realize the poll numbers don’t look good for them, Republican voters appear to be oblivious to this.

Republican voters have been primed to believe that every reputable poll is a lie, that official elections results are not to be trusted, and that they have a silent majority millions of voters strong. If 36% of the country’s voters walk into election night with that belief and Biden ends up winning easily with over 350 electoral votes, it is impossible to predict what might happen.

Atkins goes on to say that “It is improbable that triumphalist bullies who have spent the last four years hailing their president as a God Emperor and posting memes about drinking liberal tears will easily accept resounding electoral defeat.”

There’s a likelihood of organized violence, of course. Many on the Right will not accept a Biden victory as legitimate. But we’re not obligated to be anyone’s grief counselors. The snowflakes can suck it up, as we did, or face penalties if they get out of line.

***

See also Paul Waldman, We May Not Be Facing Apocalypse, but the Near Future Doesn’t Look Good.

***

At NBC News, Sahil Kapur writes that the GOP bets Democrats won’t expand Supreme Court. Progressives say: Call their bluff.

When Senate Republicans voted on a rainy Sunday to put Amy Coney Barrett on a glide path to a lifetime Supreme Court appointment one week before Election Day, they were making a bet that Democrats wouldn’t retaliate and erase conservative gains.

“A lot of what we’ve done over the last four years will be undone, sooner or later, by the next election,” Senate Majority Leader Mitch McConnell, R-Ky., said Sunday after the 51-48 procedural vote against Democratic objections. “But they won’t be able to do much about this for a long time to come.”

But it’s not just progressives talking about expanding the Court. I’m seeing Washington establishment fixtures like Ruth Marcus and E.J. Dionne of the Washington Post say that Dems don’t have a choice but to expand the court. This is a big, fat signal that Dems would get at least some cover in media if they expand the Court. Joe Biden probably doesn’t want to do it, because he knows what firestorm will follow, but he hasn’t ruled it out. IMO there’s a good chance that if Biden wins and the Dems control the Senate, they will increase the number of justices on the court. And not by just a couple. I’m thinking a total of 17 justices would ensure that no one future president will get enough nominations to make that much difference. They may expand some other federal courts as well.

The most common counter-argument for this is that Republicans will add a bunch more justices to the court when they regain power. To which I say — pass laws to end political gerrymandering and protect voting rights. Make Washington DC a state, and Puerto Rico, too, if it wants to be a state. Then watch the Hard Right fail to claw its way back for a long, long time.

***

Worthless entitled privileged wonder Jared Kushner stepped in a big ol’ pile of racist doodoo.

***

Trump has failed utterly to stop the flow of manufacturing jobs going overseas. See Trump’s Carrier deal fades as economic reality intervenes.