thenation--2020-10-15--There Is Only One Solution to the Amy Coney Barrett Debacle

There ’ s a moment in The Princess Bride when the evil and conniving Prince Humperdinck , eager to finish a sham wedding to his unwilling bride , Buttercup , demands that the priest cut to the chase .
As the bride ’ s rescuers prepare to charge the castle , Humperdinck insists , “ ‘ Man and wife.
’ Say ‘ man and wife ’ !
” 1 That ’ s basically where we are with the confirmation process for Amy Coney Barrett .
As a majority of the people in this country ( and , apparently , a @ @ @ @ @ @ @ idea of rushing Barrett ’ s appointment , Republicans just want the Senate to say , “ Supreme Court justice !
” They don ’ t care how the Senate gets there or whether the process is so corrupt , it makes a mockery of the principle of advice and consent .
They just want the votes counted .
Now.2 Want more from Elie ?
Check out the first-ever Nation Festival featuring Elie Mystal alongside an extraordinary group of speakers .
Nov. 18-21 .
Meanwhile , the Democrats seem poised to storm the @ @ @ @ @ @ @ the polls .
Should he win the election ( and should the GOP-stacked courts allow him to take office ) , there ’ s a decent chance he ’ ll be joined by a Democratic majority in the Senate and the House.3 But what then ?
What ’ s the Democrats ’ plan after that ?
4 It ’ s essential to remember that the reason Republicans have long sought to control the courts is that they serve as an antidemocratic check on the liberal agenda—and not just for an election cycle but @ @ @ @ @ @ @ s not a single Democratic law or program that a court controlled 6-3 by conservative justices can not frustrate or block .
A Republican-appointed court will smack down voting rights legislation , gun reform legislation , climate change protections , LGBTQ rights , and abortion rights .
It will nullify the Affordable Care Act and block the merest whiff of a public option or Medicare for All .
Republicans wanted the court as a hedge against their waning popular support , and now they have it.5 The obvious—and only—solution to this Republican power @ @ @ @ @ @ @ number of justices on the Supreme Court.6 The argument for court expansion is often presented as retribution for Republicans messing with the court , first by blocking the nomination of Merrick Garland , now by rushing the appointment of Ruth Bader Ginsburg ’ s successor .
But there is a higher purpose for court expansion , one that goes beyond avenging Ginsburg and Garland .
Expanding the court now—through raw political power , if necessary—is the best way to reform and depoliticize the court for future generations .
Expanding the court is the @ @ @ @ @ @ @ s a lot like breaking a bone to reset the leg.7 Let ’ s start with the obvious : We can not go on like this .
We can not continue to exist in a polity in which the death of an octogenarian begets a generation-defining game of tug-of-war .
We can not endure under a legal system in which the death of one or two people opens the door to wild changes in our laws or the devastation of the rights of people living under them.8 The way to free ourselves from @ @ @ @ @ @ @ have more justices on the court .
Ginsburg ’ s passing would have had significantly less impact on the fate of women ’ s rights if she had been but one of 19 people instead of nine .
By the same logic , it wouldn ’ t have made sense for Republicans to block Garland ’ s appointment if it would have changed just one seat on a court of , say , 29 individuals .
Every Supreme Court justice would still be important but not nearly as important as each one is @ @ @ @ @ @ @ would likely lead to more moderate opinions ( if not more moderate judges , since those don ’ t really exist ) .
That ’ s because Supreme Court opinions have to be agreed to by a majority of the court .
The reason some cases take longer to decide than others is not that the justices haven ’ t made up their minds on the outcome ; it ’ s that they are working hard to fashion an opinion that can attract a majority of their colleagues .
Trying to get a @ @ @ @ @ @ @ you on a 29-person court is just a different beast from trying to get your four archconservative buddies to sign on to your ruling .
Decisions made for the benefit of more people tend to be watered down .
That ’ s basically how Olive Garden stays in business.10 The benefits of court expansion are so manifest that I ’ d be willing , as a Democrat , to put additional Republican nominees on the court , too .
If you had a bill to add 20 people to the Supreme Court , @ @ @ @ @ @ @ the new seats between , say , 11 Democratic appointees and nine Republican ones .
I ’ m serious .
The Garland debt must be paid , and the rushed appointment of Barrett can not be ignored , but otherwise , there ’ s a benefit to splitting the seats as long as both parties are willing to play ball .
A court expansion bill that includes GOP buy-in would be easier for the soon-to-be white minority in this country to handle .
In exchange for moderate Republican votes , moderate conservative justices @ @ @ @ @ @ @ ’ s more , increasing the number of appointments could give Democrats the political leverage they need to prevail in the battle to pass court expansion .
If Republicans want to work across the aisle , we can all share .
But if Republicans opt to do what they usually do—namely , obstruct the political process and demand that they win all-or-nothing—well , then Mitch McConnell will just have to deal with 20 fire-breathing progressives who will blow clear a path for voting rights , women ’ s rights , and Electoral College @ @ @ @ @ @ @ he can regain enough political power in his lifetime to retake the government and add 40 of his own justices .
Even the worst-case scenario is better than where we are now .
If all an expanded court does is secure voting rights , that will still make it less likely Republicans will ever wield unchecked political power again.12 The Devil in the Many Details of Amy Coney Barrett ’ s Testimony That ’ s constitutional hardball .
That ’ s making McConnell an offer he can ’ t refuse .
To propose @ @ @ @ @ @ @ of adding , say , two or four justices—would be just another example of Democrats gathering all the power and then using it incrementally in the hopes of teaching Republicans to act more responsibly next time .
Adding 10 or 20 justices is the way to put Republicans in a corner where they either play ball or spend another generation trying to crawl out from their defeat.13 Remember The Princess Bride : When Westley , the hero , finally catches up with Humperdinck , Westley doesn ’ t fight the prince to the @ @ @ @ @ @ @ fight “ to the pain.
” “ It means I leave you in anguish , wallowing in freakish misery forever , ” he explains .
The prince , it should be noted , promptly backs down from the fight.14 If the Democrats are to rise from being mostly dead to storming the Supreme Court , that ’ s what the goal should be .
Nobody kills the evil prince .
If the Democrats do this right , they won ’ t have to.15

This article appears in the November 2/9, 2020 issue.
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There’s a moment in The Princess Bride when the evil and conniving Prince Humperdinck, eager to finish a sham wedding to his unwilling bride, Buttercup, demands that the priest cut to the chase. As the bride’s rescuers prepare to charge the castle, Humperdinck insists, “‘Man and wife.’ Say ‘man and wife’!”1
That’s basically where we are with the confirmation process for Amy Coney Barrett. As a majority of the people in this country (and, apparently, a karmically contagious coronavirus) object to the idea of rushing Barrett’s appointment, Republicans just want the Senate to say, “Supreme Court justice!” They don’t care how the Senate gets there or whether the process is so corrupt, it makes a mockery of the principle of advice and consent. They just want the votes counted. Now.2 Want more from Elie? Check out the first-ever Nation Festival featuring Elie Mystal alongside an extraordinary group of speakers. Nov. 18-21.
Meanwhile, the Democrats seem poised to storm the castle. Joe Biden is leading in the polls. Should he win the election (and should the GOP-stacked courts allow him to take office), there’s a decent chance he’ll be joined by a Democratic majority in the Senate and the House.3
But what then? What’s the Democrats’ plan after that?4
It’s essential to remember that the reason Republicans have long sought to control the courts is that they serve as an antidemocratic check on the liberal agenda—and not just for an election cycle but for a whole generation. There’s not a single Democratic law or program that a court controlled 6-3 by conservative justices cannot frustrate or block. A Republican-appointed court will smack down voting rights legislation, gun reform legislation, climate change protections, LGBTQ rights, and abortion rights. It will nullify the Affordable Care Act and block the merest whiff of a public option or Medicare for All. Republicans wanted the court as a hedge against their waning popular support, and now they have it.5 Popular "swipe left below to view more authors"Swipe → The Evisceration of a Public University The Evisceration of a Public University Lisa M. Corrigan The Patronizing Moralism of David Brooks The Patronizing Moralism of David Brooks Chris Lehmann “The Blind Side” Was Always Trash “The Blind Side” Was Always Trash Dave Zirin How the “Brooks Brothers Riot” Set the Stage for Insurrection How the “Brooks Brothers Riot” Set the Stage for Insurrection Chris Lehmann Popular "swipe left below to view more authors"Swipe → The Evisceration of a Public University The Evisceration of a Public University Lisa M. Corrigan The Patronizing Moralism of David Brooks The Patronizing Moralism of David Brooks Chris Lehmann “The Blind Side” Was Always Trash “The Blind Side” Was Always Trash Dave Zirin How the “Brooks Brothers Riot” Set the Stage for Insurrection How the “Brooks Brothers Riot” Set the Stage for Insurrection Chris Lehmann
The obvious—and only—solution to this Republican power grab is for Democrats to expand the number of justices on the Supreme Court.6
The argument for court expansion is often presented as retribution for Republicans messing with the court, first by blocking the nomination of Merrick Garland, now by rushing the appointment of Ruth Bader Ginsburg’s successor. But there is a higher purpose for court expansion, one that goes beyond avenging Ginsburg and Garland. Expanding the court now—through raw political power, if necessary—is the best way to reform and depoliticize the court for future generations. Expanding the court is the way to save it. It’s a lot like breaking a bone to reset the leg.7 Current Issue View our current issue
Let’s start with the obvious: We cannot go on like this. We cannot continue to exist in a polity in which the death of an octogenarian begets a generation-defining game of tug-of-war. We cannot endure under a legal system in which the death of one or two people opens the door to wild changes in our laws or the devastation of the rights of people living under them.8
The way to free ourselves from the random wheel of death is to have more justices on the court. Ginsburg’s passing would have had significantly less impact on the fate of women’s rights if she had been but one of 19 people instead of nine. By the same logic, it wouldn’t have made sense for Republicans to block Garland’s appointment if it would have changed just one seat on a court of, say, 29 individuals. Every Supreme Court justice would still be important but not nearly as important as each one is now.9
Moreover, a much larger court would likely lead to more moderate opinions (if not more moderate judges, since those don’t really exist). That’s because Supreme Court opinions have to be agreed to by a majority of the court. The reason some cases take longer to decide than others is not that the justices haven’t made up their minds on the outcome; it’s that they are working hard to fashion an opinion that can attract a majority of their colleagues. Trying to get a majority of your colleagues to agree with you on a 29-person court is just a different beast from trying to get your four archconservative buddies to sign on to your ruling. Decisions made for the benefit of more people tend to be watered down. That’s basically how Olive Garden stays in business.10
The benefits of court expansion are so manifest that I’d be willing, as a Democrat, to put additional Republican nominees on the court, too. If you had a bill to add 20 people to the Supreme Court, I’d be willing to split the new seats between, say, 11 Democratic appointees and nine Republican ones. I’m serious. The Garland debt must be paid, and the rushed appointment of Barrett cannot be ignored, but otherwise, there’s a benefit to splitting the seats as long as both parties are willing to play ball. A court expansion bill that includes GOP buy-in would be easier for the soon-to-be white minority in this country to handle. In exchange for moderate Republican votes, moderate conservative justices could be among the new appointments.11
What’s more, increasing the number of appointments could give Democrats the political leverage they need to prevail in the battle to pass court expansion. If Republicans want to work across the aisle, we can all share. But if Republicans opt to do what they usually do—namely, obstruct the political process and demand that they win all-or-nothing—well, then Mitch McConnell will just have to deal with 20 fire-breathing progressives who will blow clear a path for voting rights, women’s rights, and Electoral College reform. Then let McConnell see if he can regain enough political power in his lifetime to retake the government and add 40 of his own justices. Even the worst-case scenario is better than where we are now. If all an expanded court does is secure voting rights, that will still make it less likely Republicans will ever wield unchecked political power again.12 More from Mystal The Devil in the Many Details of Amy Coney Barrett’s Testimony Elie Mystal
That’s constitutional hardball. That’s making McConnell an offer he can’t refuse. To propose anything less—to walk the more judicious route of adding, say, two or four justices—would be just another example of Democrats gathering all the power and then using it incrementally in the hopes of teaching Republicans to act more responsibly next time. Adding 10 or 20 justices is the way to put Republicans in a corner where they either play ball or spend another generation trying to crawl out from their defeat.13
Remember The Princess Bride: When Westley, the hero, finally catches up with Humperdinck, Westley doesn’t fight the prince to the death. Instead, Westley promises to fight “to the pain.” “It means I leave you in anguish, wallowing in freakish misery forever,” he explains. The prince, it should be noted, promptly backs down from the fight.14
If the Democrats are to rise from being mostly dead to storming the Supreme Court, that’s what the goal should be. Nobody kills the evil prince. If the Democrats do this right, they won’t have to.15


thenation--2020-10-16--Trump Is Urging Republicans to Break the Law

Donald Trump has long had a “ tell , ” a behavioral tic that gives his game away : He has a history of accusing his opponents of doing or planning what he and his supporters are actually doing or planning .
To take a few obvious examples : He accused Hillary Clinton ’ s campaign of working with the Russians to undermine the election , when a wealth of evidence suggested it was the Trump campaign that was benefiting from the efforts of Putin ’ s people to throw mud into America ’ s electoral works ( even if @ @ @ @ @ @ @ via deliberate coordination ) .
And , throughout his presidency , Trump has accused the media of gratuitously spreading “ fake news , ” when in fact Trump himself has practiced the dark arts of propaganda and misinformation in a way no other president has come close to .
Want more from Sasha ?
Check out the first-ever Nation Festival featuring Sasha Abramsky alongside an extraordinary group of speakers .
Nov. 18-21 .
So the longer and louder Trump goes on about his opponents ’ committing electoral fraud , the safer a bet @ @ @ @ @ @ @ , as he lags in the polls , are gaming out ways they can themselves undermine the integrity of the voting process .
If you ’ re looking for a Signal 18 days before the election , you could do a lot worse than paying attention to a shocking story out of California .
Apparently , in several Southern California and Central Valley communities , the state GOP has deliberately violated state law by putting in place more than four dozen of its own unsecured voter drop-boxes , in locales likely to attract @ @ @ @ @ @ @ and around Fresno .
We Have a Covidiot in the White House This comes after months in which Trump has loudly denounced mail-in voting and voter drop-boxes .
As I reported in Tuesday ’ s column , conservative politicians such as Texas Governor Greg Abbott have gone into overdrive looking for ways to shut down drop-box locales .
Earlier this week , California Attorney General Xavier Becerra and Secretary of State Alex Padilla sent cease-and-desist letters to the state Republicans , letting them know their drop-boxes were a violation of state law , @ @ @ @ @ @ @ power to set up such facilities .
Meanwhile , Trump seems to revel in the prospect of more election chaos , deliberately seeded and nurtured by state Republicans .
On Tuesday and Wednesday , he sent out a series of tweets urging Republicans in California to stand firm in their illegal actions—in the wake of which the party suggested it would ignore California ’ s cease-and-desist letters and keep the boxes functioning—and suggesting that party operatives in New York , Illinois , and elsewhere should pull the same stunt .
To sum up @ @ @ @ @ @ @ Signal : While GOP senators in Washington are twisting themselves into amoral knots to justify their rush-job confirmation of a stunningly conservative Supreme Court nominee—and doing everything in their power to ensure she is in place before an election that the so-called law-and-order president is trying to throw into legal chaos so that vote-count disputes end up before the Supreme Court—that same law-and-order president is busy encouraging dirty-tricks operatives to break state election laws in multiple states simultaneously .
Don ’ t assume this is all simply Trumpian Noise , of a similar @ @ @ @ @ @ @ , rather tone-deaf retweet of a juvenile rhyming meme mocking Biden for being so old that he would be a nursing home “ resident ” rather than a “ president.
” No , when it comes to election shenanigans , this is serious stuff ; for Trump is going full-authoritarian to destroy trust in an election that he looks increasingly likely to lose .
To my mind , that ’ s the unrivaled domestic Signal of the moment .
But I ’ d be remiss if I didn ’ t at least give @ @ @ @ @ @ @ as well—for , in this Trump-obsessed , Covid-19 moment , it ’ s all too easy to turn inward , to forget that the rest of the world is still out there .
Take , for example , the escalating violence between Armenia and Azerbaijan , which has all the hallmarks of triggering a broader regional conflagration .
The Trump administration has for now taken a head-in-the-sand approach to international crises , and the American public seems in no mood to focus on events beyond its own borders .
But if you ’ @ @ @ @ @ @ @ ’ ll know that both sides in this latest incarnation of a decades-long dispute appear to be firing missiles into the other ’ s territory , leaving piles of rubble and human devastation that could be mistaken for images from the Syrian civil war .
It ’ s also worth paying attention to the story of an alleged Turkish plot to assassinate a Kurdish-Austrian politician in Vienna—if confirmed , it would place extraordinary pressures on the European Union to impose tough sanctions against Recep Tayyip Erdogan ’ s government in Turkey , even @ @ @ @ @ @ @ .
Or consider the October UNICEF report indicating that as a result of the pandemic 150 million more children are living in what the report terms “ multidimensional poverty , ” lacking access to even basic education and/or health care .
You ’ d have thought the “ pro-life ” president and his congressional allies would be all over that one ; instead , nothing .
Just the unpleasant spectacle of an American leadership too preoccupied with its own woes , too fixated on ginning up domestic electoral chaos , to expend political @ @ @ @ @ @ @ about the rest of the world .

Donald Trump has long had a “tell,” a behavioral tic that gives his game away: He has a history of accusing his opponents of doing or planning what he and his supporters are actually doing or planning.
To take a few obvious examples: He accused Hillary Clinton’s campaign of working with the Russians to undermine the election, when a wealth of evidence suggested it was the Trump campaign that was benefiting from the efforts of Putin’s people to throw mud into America’s electoral works (even if the Mueller inquiry concluded it was not via deliberate coordination). And, throughout his presidency, Trump has accused the media of gratuitously spreading “fake news,” when in fact Trump himself has practiced the dark arts of propaganda and misinformation in a way no other president has come close to. Want more from Sasha? Check out the first-ever Nation Festival featuring Sasha Abramsky alongside an extraordinary group of speakers. Nov. 18-21.
So the longer and louder Trump goes on about his opponents’ committing electoral fraud, the safer a bet it is that Trump’s people, as he lags in the polls, are gaming out ways they can themselves undermine the integrity of the voting process.
If you’re looking for a Signal 18 days before the election, you could do a lot worse than paying attention to a shocking story out of California. Apparently, in several Southern California and Central Valley communities, the state GOP has deliberately violated state law by putting in place more than four dozen of its own unsecured voter drop-boxes, in locales likely to attract conservative voters—including in several gun stores in and around Fresno. More Signal:Noise Trump Deploys the Strongman’s Playbook Sasha Abramsky We Have a Covidiot in the White House Sasha Abramsky
This comes after months in which Trump has loudly denounced mail-in voting and voter drop-boxes. As I reported in Tuesday’s column, conservative politicians such as Texas Governor Greg Abbott have gone into overdrive looking for ways to shut down drop-box locales.
Earlier this week, California Attorney General Xavier Becerra and Secretary of State Alex Padilla sent cease-and-desist letters to the state Republicans, letting them know their drop-boxes were a violation of state law, which gives election officials—and only election officials—the power to set up such facilities.
Meanwhile, Trump seems to revel in the prospect of more election chaos, deliberately seeded and nurtured by state Republicans. On Tuesday and Wednesday, he sent out a series of tweets urging Republicans in California to stand firm in their illegal actions—in the wake of which the party suggested it would ignore California’s cease-and-desist letters and keep the boxes functioning—and suggesting that party operatives in New York, Illinois, and elsewhere should pull the same stunt. Popular "swipe left below to view more authors"Swipe → The Evisceration of a Public University The Evisceration of a Public University Lisa M. Corrigan The Patronizing Moralism of David Brooks The Patronizing Moralism of David Brooks Chris Lehmann “The Blind Side” Was Always Trash “The Blind Side” Was Always Trash Dave Zirin How the “Brooks Brothers Riot” Set the Stage for Insurrection How the “Brooks Brothers Riot” Set the Stage for Insurrection Chris Lehmann Popular "swipe left below to view more authors"Swipe → The Evisceration of a Public University The Evisceration of a Public University Lisa M. Corrigan The Patronizing Moralism of David Brooks The Patronizing Moralism of David Brooks Chris Lehmann “The Blind Side” Was Always Trash “The Blind Side” Was Always Trash Dave Zirin How the “Brooks Brothers Riot” Set the Stage for Insurrection How the “Brooks Brothers Riot” Set the Stage for Insurrection Chris Lehmann Current Issue View our current issue
To sum up the broader context for this particularly unsavory Signal: While GOP senators in Washington are twisting themselves into amoral knots to justify their rush-job confirmation of a stunningly conservative Supreme Court nominee—and doing everything in their power to ensure she is in place before an election that the so-called law-and-order president is trying to throw into legal chaos so that vote-count disputes end up before the Supreme Court—that same law-and-order president is busy encouraging dirty-tricks operatives to break state election laws in multiple states simultaneously.
Don’t assume this is all simply Trumpian Noise, of a similar measure to, say, his recent, rather tone-deaf retweet of a juvenile rhyming meme mocking Biden for being so old that he would be a nursing home “resident” rather than a “president.” No, when it comes to election shenanigans, this is serious stuff; for Trump is going full-authoritarian to destroy trust in an election that he looks increasingly likely to lose.
To my mind, that’s the unrivaled domestic Signal of the moment. But I’d be remiss if I didn’t at least give a nod to unfolding international stories, as well—for, in this Trump-obsessed, Covid-19 moment, it’s all too easy to turn inward, to forget that the rest of the world is still out there.
Take, for example, the escalating violence between Armenia and Azerbaijan, which has all the hallmarks of triggering a broader regional conflagration. The Trump administration has for now taken a head-in-the-sand approach to international crises, and the American public seems in no mood to focus on events beyond its own borders. But if you’re reading overseas news sites, you’ll know that both sides in this latest incarnation of a decades-long dispute appear to be firing missiles into the other’s territory, leaving piles of rubble and human devastation that could be mistaken for images from the Syrian civil war.
It’s also worth paying attention to the story of an alleged Turkish plot to assassinate a Kurdish-Austrian politician in Vienna—if confirmed, it would place extraordinary pressures on the European Union to impose tough sanctions against Recep Tayyip Erdogan’s government in Turkey, even though Turkey is a member of NATO.
Or consider the October UNICEF report indicating that as a result of the pandemic 150 million more children are living in what the report terms “multidimensional poverty,” lacking access to even basic education and/or health care. You’d have thought the “pro-life” president and his congressional allies would be all over that one; instead, nothing. Just the unpleasant spectacle of an American leadership too preoccupied with its own woes, too fixated on ginning up domestic electoral chaos, to expend political and emotional energy even pretending to care about the rest of the world.


thenation--2020-10-16--A Calm, Cool, and Presidential Joe Biden Won the ‘Debate’ That Wasn’t

The United States is now so politically dysfunctional that it can not pull off a presidential debate .
Instead of tuning in to the debate that should have taken place on Thursday night , the American people had to choose between watching the source of that dysfunction , Republican President Donald Trump , on NBC , or his challenger , Joe Biden , on ABC .
I chose to watch Biden because I was interested in whether he could rise above the morass .
Want more from John ?
Check out the first-ever Nation Festival featuring John Nichols alongside an @ @ @ @ @ @ @ .
He did , with a calm , cool , and strikingly effective evening of dialogue that raised its voice only to shout the word “ presidential.
” The former vice president took his shots at the current president .
Recalling journalist Bob Woodward ’ s revelation that Trump said he played down the severity of the Covid-19 threat because he didn ’ t want to create “ panic , ” Biden said , “ Americans don ’ t panic ; he panicked.
” And the Democrat added , pointedly , “ He @ @ @ @ @ @ @ to be done because he kept worrying , in my view , about the stock market.
” In fact , Biden ’ s primary message was that if elected , he won ’ t panic .
“ It is the presidential responsibility to lead , ” said Biden , who kept returning to the message : “ The words of a president matter… .
What a president says is important… .
I think it matters what we say… ” Can Trump Delay the Election ?
Amy Coney Barrett ’ s a Big Maybe @ @ @ @ @ @ @ the economic recovery that he will have to manage if he prevails on November 3 was good .
Biden ’ s still no Bernie Sanders , but he sounded reasonably progressive and populist when he explained his promise to repeal Trump ’ s tax cuts for the wealthiest Americans .
Doing so , the Democrat explained , is critical to getting the resources needed for 2021 and beyond .
“ If you raise the corporate tax just back to 28 percent , which is a fair tax , you ’ d raise $ @ @ @ @ @ @ @ said Biden , who outlined a plan to tax the rich in order “ to invest a great deal of that money into infrastructure and green infrastructure.
” That was a solid answer to an important question .
So , too , was a response in which Biden acknowledged that his vote for the 1994 Violent Crime Control and Law Enforcement Act was a mistake .
So , too , was a nuanced discussion of foreign policy that concluded with one of the candidate ’ s best lines of the night : “ @ @ @ @ @ @ @ we ’ re more isolated in the world than we ever have been .
‘ America first ’ has made America alone.
” The Democrat came prepared , and it showed .
Unfortunately , some of Biden ’ s preparation was for avoiding questions .
He was still frustratingly cautious and prone to compromise .
He skirted necessary inquires about judicial reform , including expansion of the US Supreme Court to restore the balance that has been undone by the theft of high court seats by Trump and Senate majority leader Mitch McConnell @ @ @ @ @ @ @ George Stephanopoulos on the issue of “ court packing , ” Biden ’ s nonresponse was embarrassingly political : “ No matter what answer I gave you , if I say it , that ’ s the headline tomorrow.
” That was frustrating , as was Biden ’ s ridiculous claim that if elected , he would have “ seven or eight Republican senators ” — “ there are so many things that we really do agree on ” —working with him on major issues in McConnell ’ s chamber of horrors .
@ @ @ @ @ @ @ question about banning fracking was flat wrong on the facts and on the vision .
It was a turnoff to precisely the young voters that Democrats need to win by margins sufficient to secure a true governing majority .
Yet , for all the frustrations , Biden won the debate that was not a debate .
There wasn ’ t a knockout blow .
Biden prevailed on style points .
And that means a lot in a year when focus groups and polls tell us that the country is weary of the chaos @ @ @ @ @ @ @ NBC .
Biden acknowledged that weariness , and provided an antidote .
Taking questions from Stephanopoulos and skeptical voters from the battleground state of Pennsylvania , the man who served 36 years in the Senate and eight years as Barack Obama ’ s vice president was steadily reassuring .
Early in the evening , Biden faced a tough question from a Black student who referenced a controversial radio-interview comment that Biden had to apologize for in May .
Cedric Humphrey asked , “ Besides ‘ you ain ’ t black , ’ what @ @ @ @ @ @ @ black voters who see voting for you as further participation in a system that continually fails to protect them ?
” Biden answered in detail , with a focus on the message that “ we have to be able to put Black Americans in a position to be able to gain wealth.
” When Biden finished , Stephanopoulos asked the young voter if had heard what he was hoping for .
Humphrey said , “ I think so.
” Stephanopoulos was ready to move on , but the former vice president was not @ @ @ @ @ @ @ connection , trying to answer the question he had posed at the start of the exchange : “ Am I worthy of your vote ?
Can I earn your vote ?
” That was the point .
While Trump was desperate , Biden was closing the deal .
The Democrat was not everything that he should be , but he was communicating that he is ready to replace Donald Trump .
That is a vital case to make not just on a would-be debate night when Trump didn ’ t show but in @ @ @ @ @ @ @ has been derailed by the coronavirus pandemic and the mass unemployment that extends from it , when an outcry over police violence and systemic racism has been aggressively rebuffed by the president of the United States , when the evidence of a surging climate crisis is overwhelming states from California to Florida , and when budget priorities are so out of whack that the Pentagon is fully funded and millions of Americans are going hungry .
Trump ’ s opting out of a presidential debate when Americans are already voting , and when @ @ @ @ @ @ @ , gave Biden an opportunity to confirm that he is ready to take charge of the country that most Americans now , if the polls are to be believed , want him to lead .
Trump got his platform on NBC and used it as he has every media platform he ’ s been afforded since 2015 : to tell lies , create chaos , and divide the country in order to create a political advantage for himself .
No surprises there .
Just more ranting and raving about mail-in ballots , Hillary @ @ @ @ @ @ @ Act .
Another night , another refusal to release his taxes .
Another chance to denounce QAnon , another dance around that question and many others .
Trump was Trump .
What mattered Thursday night was that Biden was Biden .
Composed .
Compelling .
Comfortable enough with himself to answer a question about what a defeat would say about the country .
“ Well , ” he mused , “ it could say that I ’ m a lousy candidate and I didn ’ t do a good job , but I @ @ @ @ @ @ @ say that we are as racially , ethically , and religiously at odds with one other as it appears the president wants us to be.
” With that answer , Biden confirmed for any doubtful viewer that he is the antithesis of Trump .
NBC hosted a combative president who desperately mustered false bravado in the hope of keeping his dwindling base enthused .
ABC hosted a confident challenger , who calmly concluded , “ I think the people are ready , they understand what ’ s at stake .
I ’ m @ @ @ @ @ @ @ voted against me as well as those who voted for me .
For real .
That ’ s what presidents do .
We ’ ve got to heal this nation .
”

The United States is now so politically dysfunctional that it cannot pull off a presidential debate. Instead of tuning in to the debate that should have taken place on Thursday night, the American people had to choose between watching the source of that dysfunction, Republican President Donald Trump, on NBC, or his challenger, Joe Biden, on ABC.
I chose to watch Biden because I was interested in whether he could rise above the morass. Want more from John? Check out the first-ever Nation Festival featuring John Nichols alongside an extraordinary group of speakers. Nov. 18-21.
He did, with a calm, cool, and strikingly effective evening of dialogue that raised its voice only to shout the word “presidential.” The former vice president took his shots at the current president. Recalling journalist Bob Woodward’s revelation that Trump said he played down the severity of the Covid-19 threat because he didn’t want to create “panic,” Biden said, “Americans don’t panic; he panicked.” And the Democrat added, pointedly, “He didn’t talk about what needed to be done because he kept worrying, in my view, about the stock market.”
In fact, Biden’s primary message was that if elected, he won’t panic. “It is the presidential responsibility to lead,” said Biden, who kept returning to the message: “The words of a president matter…. What a president says is important…. I think it matters what we say…” More From John Nichols A GOP Debate Without Trump Is the Definition of Pointlessness August 11, 2023 A Win for Abortion Rights, a Win for Democracy: Ohio Voters Reject Issue 1 August 9, 2023 The Biggest Threat to Donald Trump Could Be the Constitution Itself August 4, 2023
What Biden said about the economic recovery that he will have to manage if he prevails on November 3 was good. Biden’s still no Bernie Sanders, but he sounded reasonably progressive and populist when he explained his promise to repeal Trump’s tax cuts for the wealthiest Americans. Doing so, the Democrat explained, is critical to getting the resources needed for 2021 and beyond. “If you raise the corporate tax just back to 28 percent, which is a fair tax, you’d raise $1,300,000,000 by that one act,” said Biden, who outlined a plan to tax the rich in order “to invest a great deal of that money into infrastructure and green infrastructure.”
That was a solid answer to an important question. So, too, was a response in which Biden acknowledged that his vote for the 1994 Violent Crime Control and Law Enforcement Act was a mistake. So, too, was a nuanced discussion of foreign policy that concluded with one of the candidate’s best lines of the night: “We find ourselves in a position where we’re more isolated in the world than we ever have been. ‘America first’ has made America alone.”
The Democrat came prepared, and it showed. Unfortunately, some of Biden’s preparation was for avoiding questions. He was still frustratingly cautious and prone to compromise. He skirted necessary inquires about judicial reform, including expansion of the US Supreme Court to restore the balance that has been undone by the theft of high court seats by Trump and Senate majority leader Mitch McConnell. Pressed by ABC News chief anchor George Stephanopoulos on the issue of “court packing,” Biden’s nonresponse was embarrassingly political: “No matter what answer I gave you, if I say it, that’s the headline tomorrow.” That was frustrating, as was Biden’s ridiculous claim that if elected, he would have “seven or eight Republican senators”—“there are so many things that we really do agree on”—working with him on major issues in McConnell’s chamber of horrors. And Biden’s answer to a question about banning fracking was flat wrong on the facts and on the vision. It was a turnoff to precisely the young voters that Democrats need to win by margins sufficient to secure a true governing majority. Popular "swipe left below to view more authors"Swipe → The Evisceration of a Public University The Evisceration of a Public University Lisa M. Corrigan The Patronizing Moralism of David Brooks The Patronizing Moralism of David Brooks Chris Lehmann “The Blind Side” Was Always Trash “The Blind Side” Was Always Trash Dave Zirin How the “Brooks Brothers Riot” Set the Stage for Insurrection How the “Brooks Brothers Riot” Set the Stage for Insurrection Chris Lehmann Popular "swipe left below to view more authors"Swipe → The Evisceration of a Public University The Evisceration of a Public University Lisa M. Corrigan The Patronizing Moralism of David Brooks The Patronizing Moralism of David Brooks Chris Lehmann “The Blind Side” Was Always Trash “The Blind Side” Was Always Trash Dave Zirin How the “Brooks Brothers Riot” Set the Stage for Insurrection How the “Brooks Brothers Riot” Set the Stage for Insurrection Chris Lehmann Current Issue View our current issue
Yet, for all the frustrations, Biden won the debate that was not a debate. There wasn’t a knockout blow. Biden prevailed on style points. And that means a lot in a year when focus groups and polls tell us that the country is weary of the chaos that Trump was still stirring over on NBC.
Biden acknowledged that weariness, and provided an antidote.
Taking questions from Stephanopoulos and skeptical voters from the battleground state of Pennsylvania, the man who served 36 years in the Senate and eight years as Barack Obama’s vice president was steadily reassuring.
Early in the evening, Biden faced a tough question from a Black student who referenced a controversial radio-interview comment that Biden had to apologize for in May. Cedric Humphrey asked, “Besides ‘you ain’t black,’ what do you have to say to young black voters who see voting for you as further participation in a system that continually fails to protect them?”
Biden answered in detail, with a focus on the message that “we have to be able to put Black Americans in a position to be able to gain wealth.” When Biden finished, Stephanopoulos asked the young voter if had heard what he was hoping for. Humphrey said, “I think so.” Stephanopoulos was ready to move on, but the former vice president was not. He kept trying to make a connection, trying to answer the question he had posed at the start of the exchange: “Am I worthy of your vote? Can I earn your vote?”
That was the point. While Trump was desperate, Biden was closing the deal.
The Democrat was not everything that he should be, but he was communicating that he is ready to replace Donald Trump.
That is a vital case to make not just on a would-be debate night when Trump didn’t show but in a broader moment when the United States has been derailed by the coronavirus pandemic and the mass unemployment that extends from it, when an outcry over police violence and systemic racism has been aggressively rebuffed by the president of the United States, when the evidence of a surging climate crisis is overwhelming states from California to Florida, and when budget priorities are so out of whack that the Pentagon is fully funded and millions of Americans are going hungry.
Trump’s opting out of a presidential debate when Americans are already voting, and when Election Day is just two weeks away, gave Biden an opportunity to confirm that he is ready to take charge of the country that most Americans now, if the polls are to be believed, want him to lead. Trump got his platform on NBC and used it as he has every media platform he’s been afforded since 2015: to tell lies, create chaos, and divide the country in order to create a political advantage for himself. No surprises there. Just more ranting and raving about mail-in ballots, Hillary Clinton, and scrapping the Affordable Care Act. Another night, another refusal to release his taxes. Another chance to denounce QAnon, another dance around that question and many others. Trump was Trump.
What mattered Thursday night was that Biden was Biden. Composed. Compelling. Comfortable enough with himself to answer a question about what a defeat would say about the country. “Well,” he mused, “it could say that I’m a lousy candidate and I didn’t do a good job, but I think—I hope that it doesn’t say that we are as racially, ethically, and religiously at odds with one other as it appears the president wants us to be.”
With that answer, Biden confirmed for any doubtful viewer that he is the antithesis of Trump. NBC hosted a combative president who desperately mustered false bravado in the hope of keeping his dwindling base enthused. ABC hosted a confident challenger, who calmly concluded, “I think the people are ready, they understand what’s at stake. I’m going to take care of those who voted against me as well as those who voted for me. For real. That’s what presidents do. We’ve got to heal this nation.”


thenation--2020-10-16--Texas and the Long Tail of Voter Suppression

Last month , cars snaked through the parking lot of San Antonio ’ s AT & T Center as volunteers in bright-yellow MOVE Texas T-shirts directed traffic through the sprawling complex .
Some of them wore face shields and carried clipboards as they bounced between cars registering people to vote .
The Spurs Coyote even wore an Uncle Sam getup for the occasion , posing for photos with organizers and newly registered voters .
Ahead of this year ’ s pivotal election , the threat of contracting Covid-19 scuttled traditional voter registration drives and in-person campaigning across the state .
@ @ @ @ @ @ @ like MOVE Texas , a progressive nonprofit that has spent the past several years trying to boost historically dismal turnout among young people , who could soon make up one in three voters in the state .
As voting rights groups got creative , organizing drive-through registration events and phone banking to try and boost turnout , they also urged Texas leaders to adapt .
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Instead , the state ’ s top Republican officials have waged a multipronged battle to restrict ballot access during the pandemic .
While voting wars are nothing new to Texas , this year ’ s election will not only serve as a referendum on Trump @ @ @ @ @ @ @ political future for a generation .
The barrage of efforts to limit safe voting options for Texans during the pandemic is symptomatic of a deeper sickness in the state ’ s politics , one that ’ s become increasingly obvious in recent years as a growing number of eligible Black and Latinx voters threatens the GOP ’ s stranglehold on power .
Texas ’ s regressive voter registration laws are one reason the state consistently ranks at or near the bottom in the nation for voter participation—and why Democratic organizers have long called @ @ @ @ @ @ @ than a red one .
In 2013 , the US Supreme Court struck down a key plank of the landmark Voting Rights Act that prevented Texas and other states with a track record of race-based voter suppression from changing voting rules without federal review .
In the years since , Texas has implemented one of the strictest voter ID laws in the nation , passed legislation making mail-in voting more burdensome , eliminated more polling places than any other state , and attempted to purge tens of thousands of naturalized citizens from its @ @ @ @ @ @ @ states , Texas continues to fight online voter registration and limits who can vote by mail .
As the virus spread in Texas throughout the spring and summer , Governor Greg Abbott fought to uphold restrictions on mail voting ; despite the virus , only Texans who are 65 or older , cite a disability or illness , will be out of the county during the voting period , or are confined to jail can vote absentee .
In early October , Abbott issued an executive order restricting mail ballot collection boxes to @ @ @ @ @ @ @ the state ’ s largest counties established multiple drop-off sites to counter any problems caused by an expected influx in mail-in voting amid cutbacks and delays at the US Postal Service .
Voting rights groups argued that the move targets the state ’ s most vulnerable voters and disproportionately impacts minority communities that have already been hit hardest by the pandemic .
Abbott ’ s prohibition on more than one box applies the same to Loving County , population 169 , and Houston ’ s Harris County , population 4.7 million .
Other @ @ @ @ @ @ @ unsuccessfully , to block Abbott ’ s extension of early voting by nearly a week—the governor ’ s only concession to prevent crowding at polling places during a pandemic that has already killed and infected thousands of Texans .
Just as polls started to open this week , the Texas Republican Party also filed a lawsuit trying to shutter drive-through voting centers in Harris County—because at this point , why not ?
“ They ’ re not even trying to hide it anymore , ” says Myrna Pérez , director of the voting @ @ @ @ @ @ @ Center , one of several groups challenging Abbott ’ s voting restrictions in court .
“ It ’ s been all out this election—misinformation about voting by mail , racialized lies about noncitizens being on the voter rolls , barriers to access like the deputy registrar system , holding fast to stingy eligibility requirements for mail voting during a once-in-a-century pandemic… It ’ s just like this never-ending tactic that cheapens democracy and confuses voters , and that ’ s by design.
” Texas elections have never really been free and fair .
@ @ @ @ @ @ @ the Civil War in 1866 , denied equality to freedmen and prohibited them from voting , serving on juries , or holding public office—rights that would only come after Congress intervened through a series of Reconstruction Acts .
White terrorism defined the state ’ s 1868 election , the first in which freedmen could cast a ballot in Texas .
Freedmen ’ s Bureau records from the time show that white vigilantes used violence and intimidation to scare Black people away from the polls .
Despite this , 10 freedmen were elected to @ @ @ @ @ @ @ s next constitutional convention , which helped pave the way for more than a dozen African Americans to serve in the state legislature for the first time ever the following year .
As Black people flexed their rights , brutal reprisals soon followed .
Freedmen ’ s Bureau records from the summer of 1868 detail the “ deliberate and barbarous murder ” of A.R .
Wilson , a Black voter registrar in Burleson County , who was snatched from his bed by a band of white men and lynched .
Like much of @ @ @ @ @ @ @ during and after Reconstruction , the viciousness of the attack on Wilson seemed designed to send a message .
Records note that his body was “ fearfully mangled with knives ” and that his attackers apparently scalped him before throwing his body into the Brazos River .
Wilson ’ s experience wasn ’ t isolated ; that summer , a Brazos County judge sent a desperate letter to the governor asking for troops to quell the violence in his county , pleading , “ Send them immediately as we do not know how @ @ @ @ @ @ @ get here.
” The forms of suppression eventually evolved .
After the federal government pulled troops out of the South , effectively ending Reconstruction , white Democrats in Texas seized power in areas that had become new centers of Black political organizing , like Harrison County , using force , fraud and coercion .
All-white primaries became the favored method for voter suppression in Texas—not only disenfranchising Black people but also Hispanics , Native Americans , and other minorities—until the Supreme Court struck them down in 1944 .
Texas wouldn ’ t get @ @ @ @ @ @ @ literacy tests and “ secret ballot ” restrictions used to disenfranchise and defraud poor and illiterate voters persisted until 1970 .
Students at Prairie View A & M , one of the state ’ s oldest historically black universities , continue to fight for equal voting rights to this day .
The long tail of suppression extends to Texas ’ s current voter ID law , according to the Corpus Christi federal judge who twice struck it down—only to see the law upheld on state appeal .
The law , passed in 2011 @ @ @ @ @ @ @ court challenges , accepts gun licenses but not student IDs as a prerequisite for voting .
“ This history describes not only a penchant for discrimination in Texas with respect to voting , ” federal District Judge Nelva Gonzales Ramos wrote in a 2014 opinion , “ but it exhibits a recalcitrance that has persisted over generations despite the repeated intervention of the federal government and its courts on behalf of minority citizens.
” Research suggests that such historical racial animus continues to influence voting behavior of Black communities in the South .
@ @ @ @ @ @ @ , an economic historian and assistant professor at Clemson University , showed that Southern counties that experienced a higher number of lynchings have lower voter Black voter registration rates , even when accounting for other factors that may have an effect on voting behavior such as education , earnings , and incarceration rates .
Williams ’ s research also showed that Black people who live in counties with more historical lynchings are less likely to vote compared to their white counterparts .
While the methods of suppression have changed , the motivation today @ @ @ @ @ @ @ was during Reconstruction : a changing electorate that challenges white power .
Unsurprisingly , conservative efforts to police the vote have reached a fever pitch over the past decade , from Abbott , when he was attorney general , siccing investigators on Black get-out-the-vote organizers ; to current AG Ken Paxton hunting down minor voting irregularities to justify his office ’ s larger war on voter fraud .
Judges and experts have repeatedly found the overall fraud rate in American elections to be infinitesimal .
Yet last year , just weeks after Abbott @ @ @ @ @ @ @ Whitley tried to scrub naturalized citizens from the voter rolls ; the attempted purge followed months of Texas conservative groups ’ parroting Donald Trump ’ s baseless claims of widespread voting by noncitizens .
Paxton has filed curiously timed allegations of fraud involving mail ballots on the eve of the past two major elections .
Continued efforts to suppress or confuse voters during a pandemic are just the latest installments in Texas ’ s long legacy of restricting ballot access .
“ It fits into this legacy of terrorizing , intimidating , scaring @ @ @ @ @ @ @ limit their power , ” says Carol Anderson , another Clemson historian who studies voter suppression and the author of One Person , No Vote .
Organizing by MOVE Texas and other groups in recent years has resulted in soaring turnout among youth voters .
Alex Birnel , advocacy manager with MOVE , says those voters won ’ t soon forget how Texas Republicans responded to shifting demographics in the state—by drawing communities of color into districts that dilute their growing voting power while simultaneously erecting barriers , like voter ID , tailor-made @ @ @ @ @ @ @ .
“ I almost want to frame the story of voting in Texas another way , as one of an unstoppable force running into a seemingly immovable object , ” Birnel says .
“ These young voters are increasingly Black and brown , and the relationship between these voters and the forms of suppression are very obvious to an increasing number of people , ” he says .
“ We ’ ll remember that at the ballot box .
I think we know a threat when we see one .
”

EDITOR’S NOTE: This article was published in partnership with the Texas Observer.
Last month, cars snaked through the parking lot of San Antonio’s AT&T Center as volunteers in bright-yellow MOVE Texas T-shirts directed traffic through the sprawling complex. Some of them wore face shields and carried clipboards as they bounced between cars registering people to vote. The Spurs Coyote even wore an Uncle Sam getup for the occasion, posing for photos with organizers and newly registered voters.
Ahead of this year’s pivotal election, the threat of contracting Covid-19 scuttled traditional voter registration drives and in-person campaigning across the state. The virus complicated get-out-the-vote efforts for groups like MOVE Texas, a progressive nonprofit that has spent the past several years trying to boost historically dismal turnout among young people, who could soon make up one in three voters in the state. As voting rights groups got creative, organizing drive-through registration events and phone banking to try and boost turnout, they also urged Texas leaders to adapt. Subscribe to The Nation Subscribe now for as little as $2 a month! Subscribe now for as little as $2 a month! Get The Nation’s Weekly Newsletter Fridays. The best of the week. Email By signing up, you confirm that you are over the age of 16 and agree to receive occasional promotional offers for programs that support The Nation’s journalism. You can read our Privacy Policy here. Fridays. The best of the week. Thank you for signing up for The Nation’s weekly newsletter. Repro Nation A monthly newsletter on the global fight for reproductive freedom. Email By signing up, you confirm that you are over the age of 16 and agree to receive occasional promotional offers for programs that support The Nation’s journalism. You can read our Privacy Policy here. A monthly newsletter on the global fight for reproductive freedom. Thank you for signing up. For more from The Nation, check out our latest issue Subscribe to The Nation Subscribe now for as little as $2 a month! Subscribe now for as little as $2 a month! Support Progressive Journalism The Nation is reader supported: Chip in $10 or more to help us continue to write about the issues that matter. The Nation is reader supported: Chip in $10 or more to help us continue to write about the issues that matter. Sign up for our Wine Club today. Did you know you can support The Nation by drinking wine? Did you know you can support The Nation by drinking wine?
Instead, the state’s top Republican officials have waged a multipronged battle to restrict ballot access during the pandemic. While voting wars are nothing new to Texas, this year’s election will not only serve as a referendum on Trump but could also determine Texas’s political future for a generation. The barrage of efforts to limit safe voting options for Texans during the pandemic is symptomatic of a deeper sickness in the state’s politics, one that’s become increasingly obvious in recent years as a growing number of eligible Black and Latinx voters threatens the GOP’s stranglehold on power.
Texas’s regressive voter registration laws are one reason the state consistently ranks at or near the bottom in the nation for voter participation—and why Democratic organizers have long called Texas a “non-voting state” rather than a red one. In 2013, the US Supreme Court struck down a key plank of the landmark Voting Rights Act that prevented Texas and other states with a track record of race-based voter suppression from changing voting rules without federal review. In the years since, Texas has implemented one of the strictest voter ID laws in the nation, passed legislation making mail-in voting more burdensome, eliminated more polling places than any other state, and attempted to purge tens of thousands of naturalized citizens from its voter rolls. Unlike a majority of states, Texas continues to fight online voter registration and limits who can vote by mail. Popular "swipe left below to view more authors"Swipe → The Evisceration of a Public University The Evisceration of a Public University Lisa M. Corrigan The Patronizing Moralism of David Brooks The Patronizing Moralism of David Brooks Chris Lehmann “The Blind Side” Was Always Trash “The Blind Side” Was Always Trash Dave Zirin How the “Brooks Brothers Riot” Set the Stage for Insurrection How the “Brooks Brothers Riot” Set the Stage for Insurrection Chris Lehmann Popular "swipe left below to view more authors"Swipe → The Evisceration of a Public University The Evisceration of a Public University Lisa M. Corrigan The Patronizing Moralism of David Brooks The Patronizing Moralism of David Brooks Chris Lehmann “The Blind Side” Was Always Trash “The Blind Side” Was Always Trash Dave Zirin How the “Brooks Brothers Riot” Set the Stage for Insurrection How the “Brooks Brothers Riot” Set the Stage for Insurrection Chris Lehmann
As the virus spread in Texas throughout the spring and summer, Governor Greg Abbott fought to uphold restrictions on mail voting; despite the virus, only Texans who are 65 or older, cite a disability or illness, will be out of the county during the voting period, or are confined to jail can vote absentee. In early October, Abbott issued an executive order restricting mail ballot collection boxes to one per county after election officials in the state’s largest counties established multiple drop-off sites to counter any problems caused by an expected influx in mail-in voting amid cutbacks and delays at the US Postal Service. Voting rights groups argued that the move targets the state’s most vulnerable voters and disproportionately impacts minority communities that have already been hit hardest by the pandemic. Abbott’s prohibition on more than one box applies the same to Loving County, population 169, and Houston’s Harris County, population 4.7 million.
Other state Republican leaders have even attempted, unsuccessfully, to block Abbott’s extension of early voting by nearly a week—the governor’s only concession to prevent crowding at polling places during a pandemic that has already killed and infected thousands of Texans. Just as polls started to open this week, the Texas Republican Party also filed a lawsuit trying to shutter drive-through voting centers in Harris County—because at this point, why not?
“They’re not even trying to hide it anymore,” says Myrna Pérez, director of the voting rights and election project at the Brennan Center, one of several groups challenging Abbott’s voting restrictions in court. “It’s been all out this election—misinformation about voting by mail, racialized lies about noncitizens being on the voter rolls, barriers to access like the deputy registrar system, holding fast to stingy eligibility requirements for mail voting during a once-in-a-century pandemic… It’s just like this never-ending tactic that cheapens democracy and confuses voters, and that’s by design.” Current Issue View our current issue
Texas elections have never really been free and fair. The first state Constitution, drafted after the Civil War in 1866, denied equality to freedmen and prohibited them from voting, serving on juries, or holding public office—rights that would only come after Congress intervened through a series of Reconstruction Acts. White terrorism defined the state’s 1868 election, the first in which freedmen could cast a ballot in Texas. Freedmen’s Bureau records from the time show that white vigilantes used violence and intimidation to scare Black people away from the polls. Despite this, 10 freedmen were elected to serve as delegates for the state’s next constitutional convention, which helped pave the way for more than a dozen African Americans to serve in the state legislature for the first time ever the following year.
As Black people flexed their rights, brutal reprisals soon followed. Freedmen’s Bureau records from the summer of 1868 detail the “deliberate and barbarous murder” of A.R. Wilson, a Black voter registrar in Burleson County, who was snatched from his bed by a band of white men and lynched. Like much of the white-supremacist violence that plagued the South during and after Reconstruction, the viciousness of the attack on Wilson seemed designed to send a message. Records note that his body was “fearfully mangled with knives” and that his attackers apparently scalped him before throwing his body into the Brazos River. Wilson’s experience wasn’t isolated; that summer, a Brazos County judge sent a desperate letter to the governor asking for troops to quell the violence in his county, pleading, “Send them immediately as we do not know how many more may be murdered before they get here.”
The forms of suppression eventually evolved. After the federal government pulled troops out of the South, effectively ending Reconstruction, white Democrats in Texas seized power in areas that had become new centers of Black political organizing, like Harrison County, using force, fraud and coercion. All-white primaries became the favored method for voter suppression in Texas—not only disenfranchising Black people but also Hispanics, Native Americans, and other minorities—until the Supreme Court struck them down in 1944. Texas wouldn’t get rid of poll taxes until 1966; literacy tests and “secret ballot” restrictions used to disenfranchise and defraud poor and illiterate voters persisted until 1970. Students at Prairie View A&M, one of the state’s oldest historically black universities, continue to fight for equal voting rights to this day.
The long tail of suppression extends to Texas’s current voter ID law, according to the Corpus Christi federal judge who twice struck it down—only to see the law upheld on state appeal. The law, passed in 2011 and then revamped in 2017 because of court challenges, accepts gun licenses but not student IDs as a prerequisite for voting. “This history describes not only a penchant for discrimination in Texas with respect to voting,” federal District Judge Nelva Gonzales Ramos wrote in a 2014 opinion, “but it exhibits a recalcitrance that has persisted over generations despite the repeated intervention of the federal government and its courts on behalf of minority citizens.”
Research suggests that such historical racial animus continues to influence voting behavior of Black communities in the South. One study last year by Jhacova Williams, an economic historian and assistant professor at Clemson University, showed that Southern counties that experienced a higher number of lynchings have lower voter Black voter registration rates, even when accounting for other factors that may have an effect on voting behavior such as education, earnings, and incarceration rates. Williams’s research also showed that Black people who live in counties with more historical lynchings are less likely to vote compared to their white counterparts.
While the methods of suppression have changed, the motivation today seems to be the same as it was during Reconstruction: a changing electorate that challenges white power. Unsurprisingly, conservative efforts to police the vote have reached a fever pitch over the past decade, from Abbott, when he was attorney general, siccing investigators on Black get-out-the-vote organizers; to current AG Ken Paxton hunting down minor voting irregularities to justify his office’s larger war on voter fraud. Judges and experts have repeatedly found the overall fraud rate in American elections to be infinitesimal. Yet last year, just weeks after Abbott appointed David Whitley secretary of state, Whitley tried to scrub naturalized citizens from the voter rolls; the attempted purge followed months of Texas conservative groups’ parroting Donald Trump’s baseless claims of widespread voting by noncitizens. Paxton has filed curiously timed allegations of fraud involving mail ballots on the eve of the past two major elections.
Continued efforts to suppress or confuse voters during a pandemic are just the latest installments in Texas’s long legacy of restricting ballot access. “It fits into this legacy of terrorizing, intimidating, scaring, and confusing voters in order to limit their power,” says Carol Anderson, a historian at Emory University who studies voter suppression and the author of One Person, No Vote.
Organizing by MOVE Texas and other groups in recent years has resulted in soaring turnout among youth voters. Alex Birnel, advocacy manager with MOVE, says those voters won’t soon forget how Texas Republicans responded to shifting demographics in the state—by drawing communities of color into districts that dilute their growing voting power while simultaneously erecting barriers, like voter ID, tailor-made to disproportionately hobble them at the polls.
“I almost want to frame the story of voting in Texas another way, as one of an unstoppable force running into a seemingly immovable object,” Birnel says. “These young voters are increasingly Black and brown, and the relationship between these voters and the forms of suppression are very obvious to an increasing number of people,” he says. “We’ll remember that at the ballot box. I think we know a threat when we see one.”
A previous version of this article misstated Carol Anderson’s academic affiliation; she is a professor at Emory University.