Politics
How Republicans could foil Harris’ Supreme Court plans if she’s elected
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.
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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
Trump endorses John E. Sununu in New Hampshire Senate race over Scott Brown
President Donald Trump on Sunday endorsed former Sen. John E. Sununu in New Hampshire’s open Senate race, boosting a longtime critic over one of his former ambassadors, Scott Brown.
Trump hailed Sununu, who Republicans see as their best chance to flip the blue Senate seat, as an “America First Patriot” in a Truth Social post Sunday afternoon. And Trump said Sununu will “work tirelessly to advance our America First Agenda.”
“John E. Sununu has my Complete and Total Endorsement — HE WILL NOT LET YOU DOWN. MAKE AMERICA GREAT AGAIN — ELECT JOHN E. SUNUNU,” he posted.
Sununu, a moderate who has opposed Trump across his presidential runs, thanked him in a statement and quickly pivoted to talking about his priorities for New Hampshire.
“I want to thank the President for his support and thank the thousands of Granite Staters who are supporting me,” Sununu said. “This campaign has and always will be about standing up for New Hampshire — every single day.”
Trump’s endorsement further tips the scales in an already pitched GOP primary between Sununu and Brown, who represented Massachusetts in the Senate before moving to New Hampshire and running unsuccessfully for Senate there in 2014. He served as Trump’s ambassador to New Zealand and Samoa in his first term, and has been presenting himself as the more Trump-aligned candidate as he courts the MAGA base.
Brown vowed to fight on. And he took a veiled shot at Sununu, accusing him of not being sufficiently dedicated to the MAGA movement.
“I am running to ensure our America First agenda is led by someone who views this mission not as a career path, but as a continuation of a lifelong commitment to service,” Brown said in a post on X. “Let’s keep working.”
The two are competing to take on Democratic Rep. Chris Pappas for the seat being vacated by retiring Democratic Sen. Jeanne Shaheen. Pappas issued a simple response to Trump’s endorsement of Sununu: “I’m Chris Pappas, and I approve this message,” he wrote on X. His campaign manager, Rachel Pretti, said in a statement that Trump’s endorsement “confirms” that Sununu “will sell out Granite Staters to advance his political career.”
Trump’s support for Sununu once would have seemed unfathomable. The scion of a moderate New Hampshire Republican dynasty, Sununu served as a national co-chair of former Ohio Gov. John Kasich’s 2016 presidential campaign and joined his family in backing former U.N. Ambassador Nikki Haley for president against Trump in the 2024 GOP primary.
Ahead of New Hampshire’s 2024 presidential primary, Sununu penned an op-ed lambasting Trump as a “loser.” (Trump went on to win by 11 points). And he later derided Trump’s 2020 election conspiracies as “completely inappropriate.”
Republicans initially were bullish about flipping an open seat in purple New Hampshire that’s already changed hands between parties twice this century — Sununu defeated Shaheen to win the seat in 2002, then lost it to her in 2008 — and coalesced quickly behind the moderate Republican as their best option against Pappas. Sununu received instant backing from the GOP’s Senate campaign arm upon his launch last October and has wracked up endorsements from the majority of Republican senators. He’s also won support from Republican leaders in New Hampshire — all of which Trump noted in his Truth Social post Sunday.
Trump also initially supported Sununu’s younger brother, former Gov. Chris Sununu, running for the Senate seat. Chris Sununu, also a vocal Trump critic, declined to launch a bid, prompting GOP interest in his brother.
But some in Trump’s Granite State MAGA base quickly rejected his endorsement of Sununu, calling it a “slap in the face to grassroots supporters” long loyal to the president.
“The Sununu family openly mocked, degraded, and worked against the America First movement, the President himself, and the policies that energized New Hampshire voters,” a group of MAGA activists wrote on X. “We will continue and intensify our campaign opposition to the Sununu operation.”
Sununu holds a wide lead over Brown in polling of the GOP primary. The latest, a University of New Hampshire online survey of likely primary voters from mid-January, showed Sununu up 48 percent to 25 percent with 26 percent of likely voters undecided. But Pappas is ahead of both Republicans in hypothetical general-election matchups, leading Sununu by 5 percentage points and Brown by 10 percentage points in the UNH poll. The survey of 967 likely GOP primary voters had a margin of error of +/-3.2 percent.
Pappas also outraised both Republicans, bringing in $2.3 million last quarter and amassing a $3.2 million war chest heading into the year. Sununu hauled in $1.3 million and had $1.1 million in cash on hand in his primary campaign account while Brown raised $347,000 through his main account and had $907,000 in the bank.
Politics
Trump questions if GOP can overcome voters’ ‘psychological’ midterms hurdle
President Trump is warning of a possible Democratic victory in November’s midterm elections, seemingly lowering expectations for Republican wins well ahead of any voters heading to the ballot box. Trump regularly notes that the party in control of the White House historically tends to lose the midterms…
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Politics
Caught between ICE enforcement and fraud allegations, child care industry gasps for air
The child care industry is struggling to convince parents that its facilities are safe. Providers are in a tough spot after months of immigration operations that have included parents taken in by authorities while dropping off or picking up their kids — as well as fraud allegations that have led to harassment at facilities around the country…
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