Opinion

Antonin Scalia and the uncertain future of legal conservatism

During her 2010 Senate confirmation hearings, centrist-liberal Supreme Court Justice Elena Kagan famously allowed that “we are all originalists.” In a 2015 interview at Harvard Law School honoring her then-colleague Justice Antonin Scalia, Kagan proclaimed that “we are all textualists now.” However, in a dissent opinion to the West Virginia v. Environmental Protection Agency decision, which gutted the Clean Air Act, Kagan wrote: “Some years ago, I remarked that we’re all textualists now. ... It seems I was wrong. The current Court is textualist only when being so suits it.” What are we to make...

Does the real George Santos even exist?

I don’t know how Long Island prosecutors can investigate a man who does not exist, but apparently they’re going to try. Nassau County District Attorney Anne Donnelly said Wednesday that her office is looking into the case of New York Congressman-elect George Santos.

Since winning a seat in the US House of Representatives, Santos has admitted to lying about his Jewish heritage, college education and employment history, among other things. Though having confessed to deceiving his voters, he has indicated nary a plan to resign. “I'm not a fraud,” Santos told Fox host Tucker Carlson. “I'm not a fake.”

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Year of opportunity: Can America escape from political depression in 2023?

We know a great deal about how human beings respond to extreme danger. Most people exhibit a range of stress responses as a function of "fight or flight" instincts, which may include some or all of the following: dilation of the pupils, changes in heart rate and the circulatory system, rapid breathing, tunnel vision, time dilation, unreliable or overly acute memories, distorted hearing and loss of fine motor skills.

Some people stricken by fear may literally feel stuck in place, the phenomenon known as "cement feet," where they are rendered helpless and unable to move. Others faced with extreme danger and peril will remain calm, take command of the situation and lead themselves and others to safety.

Many things in that litany may seem uncomfortably familiar, given what Americans have lived through since 2015 or so. These examples of the "fight or flight" response can apply to societies and groups as well as individuals. American society as a whole has suffered great physical, emotional, psychological, spiritual, intellectual and financial trauma from the Age of Trump and the rise of neofascism. That trauma has been most acutely felt by members of marginalized and other vulnerable communities.

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Can a politician's mental fitness for office be diagnosed from afar?

It was a presidential election year. A magazine called "Fact" had reached out to all 12,356 members of the American Psychiatric Association (APA) about the Republican presidential candidate, who hailed from the party's extreme right-wing and was intensely disliked by liberals. Of the 2,417 psychiatrists who responded, nearly half said the Republican nominee was psychologically unfit to be president (1,189), with the rest split almost evenly between saying that he was fit (657) and demurring altogether (571). Even though this means that fewer than 10 percent of the APA members actually denounced the Republican candidate as mentally unfit for office, the ones who did so used such colorful and memorable language that it made headlines. To understand way, simply look at one one of the quotes from the anti-Goldwater psychiatrists:

"He is a mass-murderer at heart and ... a dangerous lunatic. ... Any psychiatrist who does not agree with the above is himself psychologically unfit to be a psychiatrist."

While one might imagine those words being written about former President Donald Trump, their actual target was Sen. Barry Goldwater of Arizona, who ran in the 1964 election against President Lyndon Johnson. Even though the Johnson-Goldwater contest happened nearly six decades ago, Americans are still living with the ramifications of these psychiatrists' public statements. For one thing, it will never be clear if they contributed to his landslide defeat; that said, Goldwater eventually sued Fact magazine for defamation and won, achieving an important symbolic victory over the liberal media outlets that had attacked him. Even before Goldwater's legal victory, however, the APA released a new rule — later dubbed "the Goldwater Rule" — which prohibits psychiatrists from publicly commenting on an individual unless they have previously performed a "thorough clinical examination" on them as a patient.

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Trump posts 'Gee I wonder why' no one is buying his baseless Jan. 6 conspiracy theories

Donald Trump used his Truth Social platform again today to spread widely debunked conspiracy theories blaming others for allegedly orchestrating the January 6 riot at the U.S. Capitol.

In a purported response to transcripts released by the House January 6 Committee, Trump shared an out-of-context post by right-wing Dinesh D’Souza. That post sought to lay blame for the riot with ex-Oath Keeper Ray Epps and alleged “Antifa” member Jason Sullivan.

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Why do guys like George Santos lie?

David Brooks isn't entirely wrong in his assessment of "The Sad Tales of George Santos," his latest column for the New York Times: "If you don't have a real story, you don't have a real self," is spot-on. But when he muses that Santos — the Republican congressman-elect from New York, whose many and convoluted fabrications about his life and career require the sort of murder-board treatment one usually needs to follow a years-long "Real Housewives" feud — feels different from earlier all-American identity scammers like (fictional) Jay Gatsby, he's wrong about why that is:

I wonder if the era of the short-attention spans and the online avatars is creating a new character type: the person who doesn't experience life as an accumulation over decades, but just as a series of disjointed performances in the here and now, with an echo of hollowness inside.

Santos isn't some new character in the drama. Sure, it's tempting to believe that every scammer (sorry, "embellisher") who manages to up the ante has reinvented the game — to do otherwise would be to suggest we don't learn from our gullibilities, and I'm sorry, but how rude — that the liars and grifters and opportunists making headlines today are somehow more special because we can live-tweet our outrage, then experience it again almost immediately in scripted form, starring our Hollywood faves. The details evolve with the times, sure. Sam Bankman-Fried's FTX scandal does sound shiny and new. But his knack for gaining people's financial trust also looks a lot like old-fashioned Bernie Madoff technique. It's the cryptocurrency trappings that are novel. Lies are as old as talking itself.

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Neil Gorsuch knows 'three co-equal branches' is a myth

Apparently trying to prove the old cliché about broken clocks and twice a day, Supreme Court Associate Justice Neil Gorsuch defied his 5 Republican colleagues on the bench and authored an honest and factual dissent in this week’s Title 42 case.

He came right out and said the Supreme Court shouldn’t be making policy.

It all started when Section 71.40 of Title 42 of the Code of Federal Regulations was written into US policy by Trump’s HHS Secretary Alex Azar on September 4, 2020.

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Donald Trump Jr. doesn't look so smart in latest trove of Jan. 6 testimony

Yesterday's release of January 6 testimony didn’t go well for Donald Trump Jr. To the surprise of no one, the former president’s son did not come across as the most astute of advisors.

For one thing, Trump Jr said that he did not know what happened to some $240 million raised to fight his father’s 2020 presidential election loss, the Independent reported. To hear him tell it, Trump Jr. was out of the loop.

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A pastor comes to terms with the church’s idols of Trump, money and power

(Editor’s note: This is an excerpt from “Red State Christians: A Journey into White Christian Nationalism and the Wreckage it leaves behind,” available everywhere books are sold.)

On Sunday, January 10, 2021, I woke up early, stepped out my back door into frigid, biting air, and drove from one America into another.

I drove from leafy, liberal southwest Minneapolis, west from metro Highway 62 onto US Route 212, which runs from Minnesota into South Dakota, dead-ending in Yellowstone National Park in wild, ultra-conservative Wyoming.

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Suddenly, the GOP wants a piece of the action

Before last week’s successful vote for the omnibus spending bill, which will keep the government running through September, there was a bit of concern that it might not exceed the necessary 60-vote threshold in the Senate. In the end, 18 Republicans voted for it.

There was no doubt about its passage in the House. (Legislation there needs a simple majority; the Democrats still had that during the lame-duck session.) Even so, nine House Republicans voted for it.

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Kari Lake's 'forever coup' is what the future looks like — until we start to see real consequences

One thing seems certain: Kari Lake is not giving up. The Big Lie-spouting GOP candidate for Arizona's governor's seat lost another frivolous lawsuit challenging her loss over the weekend. Lake just kept posting through it, crowing about how the "People want Justice" and that she will keep up the fight against her loss in the courts. She even tweeted a conspiracy theory early Monday accusing the judge of letting "left-wing attorneys" ghost-write his opinion for him. Around the same time, election officials and the Democrat who won the election, Gov.-Elect Katie Hobbs, filed a request that the court formally sanction Lake for her relentless abuse of the courts.

"Enough really is enough," the request reads. "It is past time to end unfounded attacks on elections and unwarranted accusations against elections officials."

The move was celebrated by democracy proponents who believe, correctly, that insurrectionists like Lake and her mentor, Donald Trump, will continue to launch attacks on democracy unless they start to face real consequences. Lake's stubbornness has been alarming, in no small part because she appears to be doing this mainly to curry favor with Trump. Even if she doesn't succeed in convincing a court to just hand her the lost election, her quest will only help boost Trump's mood and stiffen his spine for what is widely expected to be another attempt at stealing the White House in 2024.

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We all feel Trump fatigue — and he's in serious trouble. But don't look away

America's democracy crisis is not somehow part of the past, finished or otherwise resolved. The larger threat to the country embodied by Trumpism and other forms of neofascism remains in the here and now — will be with us for the foreseeable future.

Many Americans are understandably exhausted by this reality, and by the last seven years of the Age of Trump. Public opinion research makes clear that many of the American people are sick to death of Trump and the Republican fascists and wish they would just disappear.

At least arguably, Trump himself is in serious trouble. He faces increasing pressure from the Department of Justice and other law enforcement agencies for his many obvious crimes. It's increasingly likely that he will be prosecuted on one or more criminal charges — although conviction is an entirely different matter. That possible or likely prosecution is imagined by many as an immense relief, an end to this long nightmare.

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Economic downturns hurt Americans. They can kill Somalis

Federal Reserve Chair Jerome Powell kicked off the holiday season with another interest-rate increase. He also lit the fuse for a sell-off in the stock market by telling the world, “We have more work to do,” signaling additional rate hikes in 2023. A year-end “Santa Claus Rally” could still materialize, but so far, the stock market has preferred the playbook of the Grinch. The global economy in 2023 is expected to be, in a word, nasty. Citi is predicting “rolling recessions,” the Institute of International Finance expects global growth on a par with 2009, a dreadful year, and the Organization ...