Politics
How Republicans could foil Harris’ Supreme Court plans if she’s elected
![How Republicans could foil Harris’ Supreme Court plans if she’s elected](https://bluelightnews.com/wp-content/uploads/2024/11/543-how-republicans-could-foil-harris-supreme-court-plans-if-shes-elected.jpg)
A panel of Donald Trump-appointed judges issued a ruling Oct. 25 that an election law expert called “bonkers.” The appellate judges said that a Mississippi law counting ballots postmarked by Election Day but arriving afterward violated federal law.
The 5th U.S. Circuit Court of Appeals panel didn’t put the ruling into immediate effect for this election; it sent the case back to a lower court for further proceedings. But whatever comes of the decision, it carries a lesson heading into Election Day: The courts are on the ballot.
During his presidency, Trump appointed more than 200 federal judges, including half the high court’s six-justice Republican-appointed majority: Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Among the other judges he appointed are the ones who issued that Mississippi ruling: Andrew Oldham, James Ho and Kyle Duncan. They’ve all been floated as possible Supreme Court picks for the Republican nominee.
So if, heading into Election Day 2024, you’re thinking about how this Supreme Court would handle a case like the Mississippi one, imagine if, heading into Election Day 2028 or 2032, the next justices are the judges who handed down that ruling.
The two oldest justices are Clarence Thomas, 76, and Samuel Alito, 74. Chief Justice John Roberts is 69, while Democratic appointees Sonia Sotomayor and Elena Kagan are 70 and 64, respectively. All three Trump justices as well as President Joe Biden’s lone pick, Ketanji Brown Jackson, are in their 50s.
The Senate is therefore important, too. Democrats hold precarious control by a 51-49 margin. Even if Kamala Harris keeps the White House in Democratic control, we don’t have to wonder how a Republican-controlled Senate would act during her administration. Look what happened when then-President Barack Obama nominated the mild-mannered Merrick Garland to fill the late Antonin Scalia’s seat. Republicans wouldn’t even give Garland a hearing. That left Scalia’s seat open for Republicans to install Gorsuch, who, along with Kavanaugh, Barrett, Thomas and Alito, was in the five-justice majority that went on to overturn Roe v. Wade.
How such issues are decided at the high court in the future could effectively be decided Tuesday.
Subscribe to the Deadline: Legal Newsletter for expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in Donald Trump’s legal cases.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined BLN, he was a legal reporter for Bloomberg Law.
Politics
Democrats zero in on Musk as a way to attack Trump
![](https://bluelightnews.com/wp-content/uploads/2025/02/democratic-national-convention-91540-scaled.jpg)
Democrats are starting to wake up and sketch out a plan to help them win back the working class: Turn the world’s richest person into their boogeyman.
They’ve set their sights on holding Elon Musk to account. Armed with new polling showing Musk’s popularity in the toilet, key Democratic leaders are going after the top Trump adviser who is dismantling the federal government. They are attempting to subpoena him and introducing legislation to block him from receiving federal contracts while he holds a “special” role leading Trump’s cost-cutting crusade.
In a sign of how toxic Democrats believe Musk is, battleground Rep. Jared Golden (D-Maine) called Musk an “unelected, weirdo billionaire” and said he has “been getting a lot of calls over the past few days” about him. Golden is a moderate who represents Trump country.
Even Rep. Ro Khanna (D-Calif.), who represents Silicon Valley and has had a relationship with Musk for years, is distancing himself from him. Khanna posted on X on Wednesday that Musk’s “attacks on our institutions are unconstitutional.” Khanna previously likened Musk to Franklin D. Roosevelt’s “dollar-a-year men,” the corporate leaders who helped the government mobilize for WWII, and said he texts with him.
Democrats are also protesting him in Washington, making the calculation that the idea of an unelected billionaire wreaking chaos on the bureaucracy will be unpopular with voters. And they have some data fueling their efforts.
New internal polling, conducted on behalf of House Majority Forward, a nonprofit aligned with House Democratic leadership, found Musk is viewed negatively among 1,000 registered voters in battleground districts. Just 43 percent approve of him and 51 percent view him unfavorably. The poll, conducted by the Democratic firm Impact Research and completed between Jan. 19 to 25, also found that Musk evoked strong negative feelings. Of the 51 percent who disapproved of him, 43 percent did so strongly.
The survey isn’t a one-off, either. An Economist/YouGov poll published on Wednesday also found Musk’s approval rating underwater, 43 percent favorable to 49 percent unfavorable.
In the Democrats’ internal polling, pollsters asked respondents for their thoughts on “the creation of a government of the rich for the rich by appointing up to nine different billionaires to the administration,” and found 70 percent opposed with only 19 percent in support — a stat that suggests Democrats have landed on a message that could gain traction with swing voters.
That data and focus groups held by House Majority Forward helped bring attacks on the administration into focus: Democrats “shouldn’t chide Musk, Trump, and others for being rich,” the group wrote, but point out Musk’s conflicts of interests as head of DOGE and note that he could undermine key safety net programs to enrich himself at the expense of American taxpayers.
“Participants laud Musk’s business acumen and aren’t opposed to the ideals of DOGE,” HMF found. But “Musk’s relationship with Trump – who they view as inherently pro-big business” makes them wary that billionaire’s cuts “could include programs such as Medicare, Medicaid, and Social Security.”
Politics
House Democrats try, and fail, to subpoena Musk
Democrats on the House Oversight Committee moved to subpoena tech billionaire and Trump ally Elon Musk at a hearing Wednesday — and one Democrat was conspicuously missing from the vote, Rep. Ro Khanna of California, who represents Silicon Valley and has a longtime relationship with the billionaire…
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