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The Dictatorship

The conservative wing of the Supreme Court just gave Democrats a potent weapon

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The conservative wing of the Supreme Court just gave Democrats a potent weapon

In a string of cases Friday, the conservative justices on the Supreme Court handed the Republican Party win after win. The court restricted nationwide injunctions against President Donald Trump’s order on birthright citizenship, greatly hindering the powers of lower federal courts to constrain the president. It allowed parents to opt their kids out of public school education that offended their religious upbringing. And it let the state of Texas require age verification before anyone looks at online porn.

There is no question that each of these cases is a significant victory for conservatives in the short term. However, each also gives liberals an opening to try to accomplish their policy goals, but only if they are willing to be aggressive and break norms they’ve previously wanted to maintain.

Justice Sotomayor’s tit-for-tat warning was directed at the justices in the majority, but it could also be seen as an invitation to Democrats.

First, in the birthright citizenship case, the Supreme Court’s six Republican-appointed justices addressed a procedural question, not the issue of whether the president’s order rejecting the idea of birthright citizenship is unconstitutional (even though it clearly is under the Fourteenth Amendment and federal statutory law). On the procedural issue, the court held that lower federal court orders stopping the president’s unlawful actions could apply only to the people who brought those cases. In other words, even if a president issues a plainly unconstitutional order, all lower courts can do is provide relief to the individuals who had the foresight and resources to sue in federal court. The order cannot apply to everyone else in the country.

Yes, there are some exceptions. Cases can be brought as class actions, meaning a small number of people can bring the case on behalf of all other people in the country like them, but the court has spent the past two decades making such cases harder to bring. Also, states might be able to sue on behalf of their citizens and get nationwide relief under the theory that a citizen of, say, New Jersey, travels to other states and needs protection there. However, several justices have been skeptical of cases brought on behalf of others, so the future viability of such a strategy is unknown. Finally, never shy about giving itself more power, the Supreme Court said it can issue nationwide injunctions.

However, the court’s holding against universal injunctions from lower court judges is now the law of the land. And as a legal rule, in theory, this decision should apply in all cases regarding universal injunctions, not just cases brought against Republican policies. Justice Sonia Sotomayor recognized this in her dissenting opinion: “Today, the threat is to birthright citizenship. Tomorrow, a different administration may try to seize firearms from law-abiding citizens or prevent people of certain faiths from gathering to worship.”

Justice Sotomayor’s tit-for-tat warning was directed at the justices in the majority, but it could also be seen as an invitation to Democrats willing to push boundaries. The next Democrat in the Oval Office or even Democrats now in charge of state governments can look at the Supreme Court decision and take new actions knowing that lower courts shouldn’t have the power to issue nationwide or statewide injunctions stopping them.

A health care directive promoting reproductive freedom? An executive order forgiving student loans? A state initiative that restricts gun sales? A vaccination requirement that some religious people object to? An environmental directive that might infringe on some business’ claimed right? After Friday’s decision, even if these policies are challenged before very conservative federal judgesthose judges shouldn’t have the power to stop these Democratic actions beyond just the parties to the case, no matter how unlawful or unconstitutional these judges believe them to be.

Some or all of these actions might not survive the court’s eventual scrutiny.

Liberals can apply the same thinking to the Supreme Court’s ruling about LGBTQ+ books and religious exemptions. In that case, the conservative majority said that schools that teach books that burden parents’ religious beliefs violate the Constitution’s guarantee of free exercise of religion. In order to avoid this, schools must offer kids an opt-out so they aren’t forced to learn about gay marriage or trans people. Critics of the court’s decision worry that parents might cite their faith to push back against books that include depictions of interracial marriage, women in the workplace or evolution.

But liberals can have beliefs grounded in religion, too. Which means they, too, can throw a monkey wrench into the system on behalf of their liberal agenda. For instance, schools around the country are adopting “Baby Olivia” videos to promote anti-abortion views. A religious family who believes bodily autonomy and women’s rights are central to their religion can object and force the school to create an opt-out process.

Finally, there’s the age verification case involving online porn. In this case, the conservative justices said that while adults have the right to view pornography, minors don’t. Thus, Texas is allowed to put what the majority of the court viewed as a minimal burden on adults — the online age verification process — in order to stop minors from viewing porn, even though some adults viewed the process as violating their privacy.

Once again, liberals can play this game, as well. For instance, if Texas wants age verification for porn websites, California could require age verification for websites that sell or advertise guns.

Sure, some or all of these actions might not survive the court’s eventual scrutiny. Each of the doctrines at issue in these cases and hypotheticals have exceptions and complicated sub-rules. Moreover, if the Supreme Court doesn’t care about law and cares only about furthering a conservative ideological agenda, it will find a way to rule against liberal causes and politicians while ruling for conservatives.

But Democrats and liberals need to force the court’s hand by using these supposedly neutral rules to push their own agenda. The court may be tilted ideologically against them, but that doesn’t mean giving up ahead of time. Instead, they should use the tools given to them to accomplish their policy goals and dare the Supreme Court to display blatant hypocrisy by stopping them.

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The Dictatorship

Monday’s Campaign Round-Up, 6.22.26: Why Trump backed both Republicans in a key S.C. race

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Monday’s Campaign Round-Up, 6.22.26: Why Trump backed both Republicans in a key S.C. race

Today’s installment of campaign-related news items from across the country.

* In South Carolina’s gubernatorial raceDonald Trump endorsed Lt. Gov. Pam Evette last month. Last week, however, ahead of this week’s primary runoff election in the race, the president published an online item telling voters that “you can’t go wrong” with either Evette or state Attorney General Alan Wilson.

If this sounds at all familiar, it’s because Trump has done this before. Around this time two years ago, for example, he endorsed both Republicans running in a congressional primary in Arizona. And two years before that, he endorsed two leading contenders in a Senate primary in Missouri.

Only the president can say for sure why he ended up endorsing Evette and Wilson in the South Carolina race, though it’s worth emphasizing for context that GOP primary voters have already ignored his direction into two gubernatorial primaries this month, and it stands to reason that he hoped to avoid a third.

* We’re one day away from a variety of notable racesincluding but not limited to South Carolina’s gubernatorial race. There are also some congressional primaries in a handful of statesincluding Maryland, New York and Utah.

* In took a while, but the ballots have been tallied under Maine’s ranked-choice systemand we now know that Democrat Hannah Pingree, the former state House speaker, will face off against Republican Bobby Charles, who worked at the State Department during the Bush-Cheney era.

* As for Maine’s closely watched congressional racestate Auditor Matt Dunlap won the Democratic nomination in the battleground 2nd District, defeating state Sen. Joe Baldacci, who enjoyed the backing of the Democratic Congressional Campaign Committee. Dunlap will run in the fall against a familiar figure: former Republican Gov. Paul LePage, who had moved to Florida a few years ago, but who returned to run for Congress.

* In California’s congressional special electiontwo Democratic candidates — state Sen. Aisha Wahab and Melissa Hernandez, a Bay Area Rapid Transit director — have advanced to an Aug. 18 special general election. The winner will fill the vacancy left by disgraced former Rep. Eric Swalwell, who resigned in April.

* In a new commercial shared first with MS NOWDemocrat James Talarico has launched his campaign’s first multimillion-dollar ad buy in Texas’ gubernatorial race. In the 30-second spot, Talarico focuses on affordability and the cost of living. The state lawmaker will face scandal-plagued state Attorney General Ken Paxton in the fall.

* And in New Jersey, Republican Rep. Tom Kean Jr.who has been missing from Capitol Hill since early March, will reportedly return to work on June 30according to a statement from his spokesperson. Neither Kean nor his office have offered any public information about why he has been away.

Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an MS NOW political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”

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Trump tries dual endorsement in South Carolina as his pick for governor flounders in polls

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Trump tries dual endorsement in South Carolina as his pick for governor flounders in polls

After President Donald Trump’s pick for governor in Iowa lost in the Republican primary earlier this month, the president argued that he “would have endorsed the other person” if he had “the proper information.”

Trump is taking no chances in the South Carolina gubernatorial primary. Over the weekend he rescinded his exclusive endorsement of Pamela Evette, the lieutenant governor, announcing instead that he would support both Evette and her runoff opponent, Alan Wilson, the state’s attorney general.

The move put Evette’s political future in jeopardy: Even before Trump’s dual endorsement, she trailed in limited public polling and was seen by political observers in South Carolina as a weak candidate with little to show besides the president’s coveted endorsement.

“Her chief distinction from Alan Wilson was that Trump endorsed her,” said Dr. Dubose Kapeluck, a professor of political science at the Citadel Military College of South Carolina.

Trump’s dual endorsement “was a kiss of death,” he told MS NOW.

Evette, who moved to South Carolina from Ohio to found a successful payroll and HR company in 2000, has been lieutenant governor since 2019, serving under Gov. Henry McMaster, who is term-limited.

In office, she has pursued meaningful but little-celebrated policies, like a key tort reform bill, according to Gil Gatch, a Republican member of the South Carolina state House and an Evette supporter.

But voters could be forgiven for knowing little about Evette besides the fact that Trump endorsed her, which he did just days before the June 9 primary. Visitors to her campaign website are greeted with a full-screen message labeling Evette as “Trump-endorsed.” The first line in her X bio states the same. Pro-Evette television ads are quick to tout the endorsement.

An accomplishment like tort reform, while noted on Evette’s website, “maybe could have been something that was highlighted more heavily,” Gatch told MS NOW.

The political makeup of South Carolina nearly guarantees the next governor will be whoever emerges on Tuesday between Evette and Wilson. They survived a crowded primary field on June 9, and nearly every challenger who fell short of the runoff publicly endorsed the attorney general.

“She’s just not a good candidate,” Josh Kimbrell, a state senator who failed to make the runoff and has since said he’d back Wilson, said of Evette.

“She kind of assumed this was a coronation, and that was never going to go over that well,” he added.

Even some pro-Trump voters were confused by the president’s initial endorsement of Evette, whom he called “a good friend, fighter, and WINNER” in a social media post in May.

“I have no clue why Trump would endorse Pamela Evette,” Leland Lemmons, a 30-year-old Trump supporter told MS NOW as he exited a polling site in the Greenville suburb of Easley on June 9.

“She’s served, you know, a decent time. I just haven’t seen much fruition of what she’s done in office,” he added.

In a post on Truth Social Friday announcing his dual endorsement, Trump wrote, “I can’t hurt one of them by only Endorsing the other, so, therefore, I am going to Endorse, for Governor of South Carolina, both Pam Evette and Alan Wilson!”

In a subsequent statement on X, Evette said, “I was proud to come in first as [Trump’s] endorsed candidate for Governor on June 9th. Looking forward to doing it again on June 23rd.”

After The Washington Post foreshadowed the dual endorsement last Tuesday, allies of Evette were quick to denounce the possibility.

“I would guess that’s fake news,” Suzanne Pucci, a member of Evette’s finance committee, told MS NOW of the chance Trump would also endorse Wilson. “She’s probably not real worried about it.”

Another close ally and supporter told MS NOW at the time the report was “a total, fabricated lie.”

“[Trump] is invested in Pamela Evette because she invested in him. He’s a loyal guy. That kind of stuff is important to him,” added the supporter, who spoke on condition of anonymity.

“With or without Trump, I think she is going to win,” they said.

On Thursday, a senior campaign aide, who spoke on condition of anonymity,  brushed off the idea of a dual endorsement, telling MS NOW in a statement, “Pamela Evette has earned the complete and total endorsement of President Trump. She is the only Trump-endorsed candidate in this race and we look forward to delivering a big win for the president on Tuesday.”

Roughly 24 hours later, Trump retracted the exclusive endorsement.

Will McDuffie is a reporter for MS NOW.

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Fears of an ‘economic catastrophe’ helped push Trump toward an Iran deal

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Fears of an ‘economic catastrophe’ helped push Trump toward an Iran deal

As last week’s G7 summit in France got underway, a reporter asked Donald Trump whether his purported deal with Iran was final. “No, it’s not final,” the president replied. Later that day — during a visit to Versaillesof all places — he signed the framework anyway.

But moments after signing his name to the memorandum of understanding, Trump offered an unsubtle hint about what he was thinking at the time. Amid applause from those around him, the American president pointed down and then up while saying“Oil down, stocks up.”

In other words, Trump’s focus had nothing to do with natural security and everything to do with the economy. What’s more, the four-word phrase was part of a larger and underappreciated pattern. The Washington Post reported:

In the more than 100 days since President Donald Trump launched a war with Iran, he has offered a shifting list of reasons for why he started the conflict. But in explaining his push for peace, he named a priority much closer to home: protecting the stock market.

“I didn’t want to see economic catastrophe,” Trump told reporters gathered in the Alpine spa town of Évian-les-Bains, France, after the Group of Seven summit.

As the summit wrapped up, the Republican similarly said“I’ve studied presidents, some good, some bad, some great. Not too many are great and some really bad. … And the one president I did not want to be was the late, great Herbert Hoover. I didn’t want that and who knows what would have happened.”

He pushed the same point in an interview with Axios, which was released over the weekend.

“If I went further, the stock market would be much lower,” the president said. “Now think of this: I have one primary wish as president, in terms of people: I never want to be the late, great Herbert Hoover.”

The comments came days after Trump similarly argued“The alternative to this deal was a global recession. There are stupid people who want to see a global recession. They are just stupid people.”

Whether the president fully appreciates the implications of his own rhetoric, this string of comments doesn’t just shed light on his motivations for accepting a defeat, it also suggests he saw his failed policy in Iran as pushing the global economy toward a dangerous cliff.

In other words, based on Trump’s own comments, the war he started was poised to create an “economic catastrophe,” which he was desperate to avoid — and which led him to accept a framework that empowered Iran to get what it wanted in exchange for effectively no concessions at all.

Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an MS NOW political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”

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