Democracy is On the Ballot. You Need to Get In the Game.
They're Not Hiding Their Intentions. Will Democrats Pay Attention?
Democrats have to start playing the very serious game in front of us.
Last week the United States Supreme Court essentially gutted the administrative state that undergirds everything from food safety to environmental regulations. They substituted unelected judges’ opinions for those of expert agency regulators, most of whom are life-long, non-partisan agency employees.
The conservative majority on the Court was able to do that with the sweep of a pen.
Two years ago last month, that same conservative Supreme Court majority overturned Roe v. Wade and – for the very first time – eliminated a core constitutional right.
They were able to do that with the sweep of a pen.
Then yesterday, the Court declared that presidents are absolutely immune from prosecution – so long as they use the core functions of the office of the presidency to commit criminal acts. Trump really could order Seal Team 6 to kill a political rival, organize a military coup to stay in power, or take a bribe in exchange for a pardon (or, frankly, a Supreme Court nomination).
They were able to do that with the sweep of a pen.
Three sweeps of a pen, and the Court completely overhauled constitutional rights, agency regulations, and presidential immunity. But those devastatingly simple pen sweeps were the end of the journey – not the beginning.
Have some respect for the forces at play, here.
This has been a long game. The players are billionaires. So far, they’ve run the table – in part because Democrats have not even been playing.
While their focus on the Supreme Court goes back decades, their progress really picked up steam in 2010 with a plan called RedMap. With RedMap, they invested in state legislatures, intentionally flipping them so that they could overtly gerrymander Congressional and state legislative seats. They were wildly successful – flipping 19 state legislatures and creating the maps that in 2012 would give Republicans a 33-seat U.S. House majority even though they got 1 million fewer votes.
Meanwhile, they’ve relied upon those same state legislatures to be the petri dishes in which MAGA conservative policies are tested and tried. They use those state legislatures to pass the laws that become Supreme Court test cases (usually helped along with draft legislation, passed along to them through ALEC, a billionaire-backed lobbying organization that courts red-state conservative legislators).
None of this has happened in darkness. This entire strategy has been open, and obvious, and available for anyone with an internet connection to read.
Democrats have responded not by digging deeper into red states and contesting this anti-democratic strategy at every opportunity, but by leaving huge swaths completely uncontested – effectively ceding the territory RedMap claimed back in 2010. The Democrats who do run in those gerrymandered, red districts typically do so without financial support from the party.
That continues to this day, even in places where the national implications of doing so are as obvious as they are profound.
Consider Mississippi, the state that passed the abortion restrictions that gave us the Supreme Court’s 2022 decision in Dobbs. In 2019, 46% of the state house seats in Mississippi went completely uncontested by Democrats. If you can believe it, it was worse in 2023, when Democrats left 56% uncontested.
Democrats need to get in the game.
The same billionaire interests behind RedMap and ALEC have courted Supreme Court justices openly, with lavish gifts and trips. We know about these ethical failures because investigative reporters have uncovered them, multiple times; the public outcry has been significant.
Has the Democratic Senate risen to the occasion and held hearings on Supreme Court ethics? No. No they have not.
If it wasn’t clear before yesterday, it should be crystal now: The Supreme Court wields immense power. In many ways, it is the whole ball game, and the keys to the Court are kept in the Oval Office.
Republicans recognized that early and have explicitly run on the Court for decades. That Democrats have not is odd, considering we are widely regarded as the wonkier and more cerebral of the two parties. You would not think that “We need the presidency to get a majority on the Supreme Court!” would be a red meat battle cry for MAGA Republicans – but it is.
It can work for Democrats, too. Frankly, if we’re going to continue functioning as a democracy, it has to.
In the aftermath of yesterday’s ruling on presidential immunity, scholar and author of On Tyranny Timothy Snyder said it plainly:
Unless Trump loses, America ends. The Supreme Court has made this clear. … We have no excuse not to know this. And once we know it we can act. … We can do this. If we each do what we can, this republic will go on, and this republic will get better.
Before yesterday, you could be forgiven for thinking that some folks might be overstating the implications of this election. We’ve been in a state of high alert and stress for longer than I care to admit; people are weary, and wondering whether all this talk of authoritarianism is a bunch of hyperbolic grandstanding in an attempt to boost fundraising.
But as of yesterday, we have no excuse for not understanding what is at stake, and what our role must be.
Complicating the already complicated matters before us, we’re managing these honestly earth-shattering judicial power grabs while we’re in the throes of Democrats’ self-flagellation about Biden’s performance at the debate last week. D.C. pundits have been furiously writing articles and dueling online over whether Biden should bow out, who should replace him, how bad the fallout will be, and what’s going to happen between now and November.
It’s the 2024 version of Her Emails, and – up until the moment the Supreme Court declared presidents Kings yesterday – took up all the headline space above the fold.
Now that the Supreme Court has spoken, it is painfully, plainly clear: No matter how you personally feel about Biden’s age, cognitive capacity, or his debate performance, it’s not about him. It never was.
This election was never about one man, just as the 2016 election was never about one woman.
This election is about you, friend.
This is about your democracy. We need to act like it.
In his Substack (Today’s Edition), lawyer and activist Robert Hubbell tried to assure readers that Donald J. Trump vs. United States will be overruled. “The decision is so bad it will not stand,” he writes. “It will be remembered as a mark of shame for the Roberts Court just as Dred Scott tarnishes Chief Justice Taney’s legacy to this day.”
I wholeheartedly agree that the Roberts’ Court’s legacy was cemented yesterday, as they anointed the first American King. But I cannot so confidently proclaim that the decision will be overruled in due course.
For that to happen, we have to continue to be a functioning democracy. If Donald Trump wins the election in November, I don’t see how this opinion is overruled.
We are in a game of chess that started decades ago, and we’re in checkmate.
There are a few moves left; all hope’s not lost. But we’ve got to be strategic about our next steps, and we can’t afford to miss.
We need you to get in the game.
Let’s get to work.
Small Deeds to Do for the Week of July 2, 2024
Here’s the part where – if you are so inclined – we roll up our sleeves and engage in what I like to call Action Therapy. Each Tuesday I share a few “small things” – usually a Small Thing to Read, a Small Event to Attend, and a Small Call to Make or Action to Take. You can tuck these actions into your week with ease – and know that you’re doing something today to make tomorrow better.
Small Thing(s) to Read:
Elie Mystal, the wild-haired sharp-tongued legal expert, has written two truly masterful essays about the Court’s recent decisions. The first is about what the Supreme Court’s decision overturning Chevron means. In signature Elie style, it’s biting and irreverent and wonky all at once. I though you’d like it. Here’s a link: https://www.thenation.com/article/society/chevron-deference-supreme-court-power-grab/
The second is, admittedly, more morose. He wrote it immediately after the Supreme Court’s decision in Trump vs. US came down. It is extraordinary, but also very sobering. I highly recommend it. https://www.thenation.com/article/society/trump-immunity-supreme-court/
Here is the Supreme Court decision in Trump vs. US. I highly recommend reading Justice Sotomayor’s dissent, in which she says: With fear for our democracy, I dissent. It begins on page 68 of the PDF: https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf
Small Action to Take: Help Red State Democrats
Democrats running in red districts in red states typically have a hard time getting support, even though they’re doing the hard work of talking to their rural neighbors and organizing their communities. Getting those folks the resources they need is my reason for being – my personal passion and my life’s cause. If you want to support our efforts to make sure Democratic nominees running in some of the reddest, roughest, toughest places in the country aren’t doing it solo, I hope you’ll check out Every State Blue and join one of our state projects. We’ve already raised and distributed $285,000 in Ohio this cycle. Learn more here and support our work here.
Small Action to Take:
It’s well-past time for the Senate Judiciary Committee to hold hearings on the action and inaction of this Court. There’s no shortage of things to talk about – from flying insurrectionist flags to accepting millions of dollars in lavish gifts.
The hearing is the point in this circumstance. We need to help highlight the damage that’s been done, and help people understand the implications in November. Keeping the Supreme Court’s importance (and unethical behavior) front and center helps on both counts. Let’s push Senate Judiciary Committee Chair Dick Durbin to make it happen.
Their phone number is: (202) 224-7703. If they are not answering and their mailbox is full, you can call Senator Durbin’s number at (202) 224-2152.
Script: Hi, my name is [name] and I’m calling on Senator Durbin as the Judiciary Committee Chair to hold hearings on the ethics violations of the Supreme Court. We also now know that the justices who told the Judiciary Committee during their confirmation that they did not believe the president was above the law were lying. They did the same with Roe. And they threw out decades of precedent by overturning Chevron deference – even though they claimed during their confirmation that they respected precedent and the rule of law. When is the Committee going to stand up and try to get some answers for the American people?
Small Event to Attend: Biden/Harris National Organizing Call Tonight, July 2 at 8:30 ET
Join Jen O’Malley Dillon, the chair of the Biden-Harris campaign, Julie Chavez Rodriguez, the Biden-Harris campaign manager, and Quentin Fulks, the Biden-Harris principal deputy campaign manager, to hear how you can play a pivotal role in the campaign throughout the month of July.
RSVP to receive details to join the call. https://events.democrats.org/event/642886/
Small Event to Attend: Biden/Harris Social Media Ambassador Training
Organizing your own network is one of the most important and effective things you can do. Don’t take it from me – take it from the Biden/Harris campaign, that has developed Social Media Ambassador training.
From the Event description: “This program is built on one basic principle: You are the most trusted messenger in your community. As a Social Ambassador, you will have access to galleries of messaging and content, give feedback on content and its performance, and be a key component of how we organize online.
“Whether you are a Social Media Pro or a casual user, learn how you can share informational content on Democratic accomplishments, exposing Republican hypocrisy, and the latest messaging from the Biden-Harris campaign with your online networks.”
There are multiple times available, including Sat, Jul 6, 12:00pm–1:00pm EDT and Mon, Jul 8, 8:00pm–9:00pm EDT. Check the Mobilize link for more: https://events.democrats.org/event/615101/
Thanks for reading, friend – I’m glad to see you here! I sure hope you subscribe and share with your network. And if you like what I do and you want to support it, consider becoming a paid subscriber. It means a lot.
Your advice is so relevant to our predicament! One thing is for certain, we can’t just sit the election out! Politics has never been or will never be a spectator sport in a democracy! Time to get off our backsides & get busy! Happy 4th!
Michele, this a gold mine! 💙🇺🇸💙