April 10, 2023
Afternoon Update:
Perry Stein, et al., of the Washington Post: "The Justice Department on Monday appealed a Texas judge's decision that would block access to a key abortion drug across the country, arguing that the challengers had no right to file the lawsuit since they were not personally harmed by the abortion pill. The 49-page appeal, filed in the right-leaning U.S. Court of Appeals for the 5th Circuit, landed less than one business day after Judge Matthew J. Kacsmaryk suspended Federal Drug Administration approval of mifepristone -- one of the two medications used in more than half of all abortions in the United States.... In its filing Monday, the government asked the 5th Circuit judges to keep the order on hold until the appeal is decided.... The government and the drug manufacturer, Danco Laboratories, asked the appeals court to issue its decision on pausing Kacsmaryk's order by noon Thursday [in order to fall within the period of Kacsmaryk's seven-day stay of his own ruling]. In a brief order late Monday afternoon, the 5th Circuit asked the groups challenging mifepristone's approval to file their response by midnight Tuesday." The CBS News report is here.
Caroline Kitchener of the Washington Post: "... a new reality playing out in hospitals in antiabortion states across the country -- where because of newly enacted abortion bans, people with potentially life-threatening pregnancy complications are being denied care that was readily available before the Supreme Court overturned Roe v. Wade in June.... In the 18 states where abortion is now banned before fetal viability, many hospitals have been turning away pre-viability PPROM [-- pre-viability preterm prelabor rupture of the membranes --] patients as doctors and administrators fear the legal risk that could come with terminating even a pregnancy that could jeopardize the mother's well-being, according to 12 physicians practicing in antiabortion states.... Of all the pregnancy complications affected by abortion bans, pre-viability PPROM is one of the most widespread, according to doctors interviewed for this story."
Matthew Lee of the AP: "The Biden administration formally determined Monday that a Wall Street Journal reporter arrested in Russia on espionage charges has been 'wrongfully detained.' The designation elevates the case of Evan Gershkovich in the U.S. government hierarchy and means that a dedicated State Department office will take the lead on securing his release. Secretary of State Antony Blinken announced the determination on Monday, saying he condemned the arrest and Russia's repression of independent media."
Tennessee. Emily Cochrane of the New York Times: "Local officials in Nashville unanimously voted to appoint one of two expelled Democratic lawmakers back to his seat in the state House of Representatives, a swift rebuke to the Republican supermajority over its decision to expel the two lawmakers for leading a gun control protest on the House floor. The Metropolitan Nashville Council voted to temporarily appoint Justin Jones back to his Nashville seat in the state legislature, just days after Republicans overwhelmingly voted to expel him. The move by the Nashville councilors paves the way for Mr. Jones to be quickly reinstated to his seat, ahead of a special election later this year.... On Monday, dozens of people rallied outside the meeting in Nashville, carrying signs that read 'No Justin, No Peace.'... Lawyers for the men -- a group that includes Eric H. Holder Jr., the former U.S. attorney general -- warned the legislature on Monday against any further action against them or their cities." The NBC News story is here. ~~~
~~~ Marie: We should take a moment to congratulate Tennessee's Republican legislators for making national heroes of local Democrats. As I write, Jones is about to re-enter the House chamber. Kids, it turns out the Resurrection is true, after all. And Jesus is Black. ~~~
~~~ Jud Legum of Popular Information: Last week Tennessee House Speaker Cameron Sexton voted to oust three Democrats for violating "several rules of decorum and procedure." But Sexton himself seems to be violating a more fundamental rule: he doesn't appear to live in the Republican-leaning district he represents, as is required by the state's constitution. He sold his house there in 2020, & purchased a small nearby condo, but he and his family apparently live in a Nashville burb in a district that leans Democratic. Nonetheless, he accepts per diem during the legislative session as if he lived far outside of Nashville. In 2022, he billed the taxpayers $19,093 in per diems. "In total, Sexton may have overcharged Tennessee taxpayers as much as $78,756 [in per diems] since 2020." MB: Gosh, the House Speaker appears to be violating the state constitution and bilking taxpayers, but at least he's not leading chants to save schoolchildren from gun violence. So rude.
Virginia. Justin Jouvenal of the Washington Post: "The mother of a 6-year-old boy who shot a teacher at a Virginia school in January has been charged criminally in connection with the case, and a special grand jury will be convened to explore others' conduct, authorities said Monday. Deja Taylor, 25, of Newport News, is facing one felony count of child neglect and one misdemeanor count of recklessly storing a firearm so a child could gain access to it. The weapon the boy used belonged to Taylor, authorities have said. If convicted, Taylor faces up to five years in prison on the felony and up to a one-year sentence on the misdemeanor. Howard Gwynn, the Newport News commonwealth's attorney, said in a statement he also has asked a judge to impanel a special grand jury to continue to probe any 'security issues' that 'may have contributed to this shooting,' suggesting that the conduct of administrators or others who allegedly failed to act after being warned the boy had a weapon would be further scrutinized."
Kyle Cheney of Politico: "Donald Trump has appealed a judge's order requiring his former vice president, Mike Pence, to testify to the grand jury probing the effort to subvert the 2020 election. Trump's appeal, filed under seal, was lodged on the court docket Monday morning. The former president had challenged the bid by special counsel Jack Smith to compel Pence's testimony earlier this year, claiming it would intrude on conversations protected by executive privilege. But Chief U.S. District Court Judge James Boasberg rejected Trump's challenge, ruling last month that Pence could be compelled to testify. Boasberg, however, did fashion some limits to Smith's inquiry; he agreed, in part, with a separate argument by Pence that some of his actions are protected by the Constitution's 'speech or debate' clause -- which typically prevents Justice Department inquiry into members of Congress and their aides. Under the Constitution, Pence as vice president also served as president of the Senate, entitling him to some measure of congressional immunity, Boasberg found. Although Pence and his allies felt that the ruling didn't extend far enough, Pence opted not to appeal the decision."
Florida. Miriam Jordan of the New York Times: "Led by Gov. Ron DeSantis, a Republican with presidential ambitions, the Florida Legislature is considering a sweeping package of immigration measures that would represent the toughest crackdown on undocumented immigration by any state in more than a decade. Expected to pass within weeks because Republicans have supermajorities in both chambers, the bills are part of what Mr. DeSantis describes as a response to President Biden's 'open borders agenda,' which he said has allowed an uncontrolled flow of immigrants to cross into the United States from Mexico. The bills would expose people to felony charges for sheltering, hiring and transporting undocumented immigrants; require hospitals to ask patients their immigration status and report to the state; invalidate out-of-state driver's licenses issued to undocumented immigrants; prevent undocumented immigrants from being admitted to the bar in Florida; and direct the Florida Department of Law Enforcement to provide assistance to federal authorities in enforcing the nation's immigration laws. Mr. DeSantis has separately proposed eliminating in-state college tuition for undocumented students and beneficiaries of the Obama-era Deferred Action for Childhood Arrivals program...."
Pennsylvania. John Wagner of the Washington Post: "Sen. Robert P. Casey Jr. (D-Pa.) announced Monday that he will seek a fourth term next year despite a recent health scare, providing a boost to Democrats in one of a bevy of battleground states that the party is defending as it tries to maintain its narrow majority in the Senate."
Virginia. Jane Timm of NBC News: "In January, the GOP assumed control of the Buckingham County[, Virginia,] Electoral Board..., and local Republicans began advancing baseless voter fraud claims that baffled [the registrar, Lindsey Taylor]. The electoral board made it clear it wanted her out of the job. 'There were people saying that they had heard all these rumors -- that the attorney general was going to indict me,' Taylor said, days after leaving the office for the last time.... Three weeks ago, frustrated and heartbroken, Taylor, along with two part-time staffers, quit. Their resignations followed a deputy registrar who left in February, citing the same conflict. The four departures left residents without a functioning registrar's office; there was no way to register to vote or certify candidate paperwork...." At a meeting of the county board in early January, a local Republican said to Taylor, "I am putting you on notice -- for treason!" "The Virginia Attorney General's office confirmed that [the county's election board chairwoman] had contacted them, but they said they had not, and were not, investigating elections issues in Buckingham County."
Leo Sands of the Washington Post: "Twitter attached a government-affiliation label to the BBC's main Twitter account over the weekend, sparking a stern objection from the public broadcaster and a debate within Britain over the label's accuracy.... Twitter responded to [the BBC's] request for clarification early Monday with a poop emoji, its automated response to all media inquiries.... [Elon] Musk appeared late Sunday to be distancing himself from the new label.... '... I don't actually think the BBC is as biased as some other government-funded media,' he said.... The decision to label the BBC's main non-news account rather than its news account was also puzzling." Roger Mosey, a former editorial director of the BBC said the way Twitter was labeling media outlets looked the work of an intern. Yeah, or a nitwit like Twitter's owner. ~~~
~~~ Marie: Elon really is like a child who puts his hand on a flaming-red stove burner because he wanted to see if it was hot. Unfortunately, Elon is not the person getting burned in his thoughtless "experiments."
~~~~~~~~~~
Ruth Murai of Mother Jones: "Secretary of Health and Human Services Xavier Becerra said the administration is willing to do whatever it takes to protect access to the abortion drug mifepristone, after a federal judge in Texas suspended the FDA's approval of the medication on Friday.... In interviews Sunday morning with MSNBC and CNN, Becerra emphasized an aggressive legal strategy as essential to maintain access to the pill, which has been proven to be a safe and effective part of medication abortion. 'We will make sure that we get that appeal and that stay, and if we can't get that stay, we will go as far as we need to go in order to protect access to mifepristone,' Becerra told MSNBC Sunday Show host Jonathan Capehart.... Becerra didn't clarify which specific steps, beyond litigation, the administration might be willing to take in the event that the judge's ruling stands." ~~~
~~~ Well, there's this: ~~~
~~~ Nandita Bose of Reuters: "The White House is planning to re-up discussions with abortion pill manufacturers and U.S. pharmacy chains on ways to push back against efforts to ban mifepristone..., two sources with knowledge of the matter said.... In January, the Food and Drug Administration made a regulatory change that made it possible for retail pharmacies to offer abortion pills in the country for the first time, but more than a dozen states have passed laws limiting such sales.There are no retail pharmacies that are currently certified to dispense mifepristone and many are going through the certification process. 'We are discussing ways to offer them legal support,' one of the sources said of manufacturers and retail pharmacies." ~~~
~~~ ** Jill Filipovic in a Substack post: "... the radical and unprecedented decision to ban Mifepristone is ... entirely, 100% ideological, completely untethered from any legal norm, perhaps the most explicit case I have ever seen in my life of a judge simply deciding that his personal beliefs should be the law of the land.... This ruling is so absurd that, were other courts to follow it, the FDA would be rendered impotent. A national drug regulation scheme becomes impossible if even decades-old regulatory decisions can be overturned by single ideologues.... The anti-abortion movement has always been an anti-democratic and authoritarian movement, and that authoritarianism has taken over the Republican Party and the far-right judiciary. This decision was not about life or women's health or drug regulation or even the law.... It was a simple assertion of dominance, a clear statement that the right will stop at absolutely nothing -- including the outer bounds of American law -- to force women into compliance.... The Republican Party has been near-fully taken over by people who outright reject democratic norms and processes, and who unapologetically want to impose a patriarchal conservative Christian nation-state on the rest of us.... If the principle of this decision holds, there are remarkably few medications in the country that could survive a court challenge. The anti-abortion movement simply made up a lie that the FDA fast-tracked Mifepristone and has refused to account for its safety.... Mifepristone is far safer than many of the drugs Americans take every day, from penicillin to Viagra. And it is far, far safer than childbirth."
~~~ Kate Shaw, in a New York Times op-ed: "The Friday-night ruling by Judge Matthew Kacsmaryk purporting to stay the Food and Drug Administration's approval of mifepristone for use in early abortions is a travesty -- for women's health care, principles of democracy, notions of judicial impartiality and the rule of law.... This case is wildly atypical for a number of reasons.... The plaintiffs lack standing, a core requirement of any lawsuit in federal court. They are also bringing their challenge far too late.... Additionally, the opinion's conclusion -- that the approval of mifepristone most likely violated federal standards for drug approval -- is based on several reasons that are scientifically baseless and infused with hostility to abortion...." ~~~
~~~ Marie: As tempting as it is to blame Donald Trump for the appointment of this judge, let's be fair and remind ourselves that Trump didn't know squat about Kacsmaryk and didn't care. (Yes, he may enjoy seeing young women suffer, but his primary motive was to earn points with Christian nationalists.) So let us not forget, please, that the progenitors of this decision are Senate Republicans, most especially Mitch McConnell, who confirmed this guy. Only Susan Collins had enough "concern" about Komrade Kacsmaryk to try vote him off the island.
New GOP Plan: Bomb Mexico! Alexander Ward of Politico: "A growing number of prominent Republicans are rallying around the idea that to solve the fentanyl crisis, America must bomb it away. In recent weeks, Donald Trump has discussed sending 'special forces' and using 'cyber warfare' to target cartel leaders if he's reelected president and, per Rolling Stone, asked for 'battle plans' to strike Mexico. Reps. Dan Crenshaw (R-Texas) and Mike Waltz (R-Fla.) introduced a bill seeking authorization for the use of military force to 'put us at war with the cartels.' Sen. Tom Cotton (R-Ark.) said he is open to sending U.S. troops into Mexico to target drug lords even without that nation's permission. And lawmakers in both chambers have filed legislation to label some cartels as foreign terrorist organizations, a move supported by GOP presidential aspirants.... Should a Republican defeat Biden in 2024, those ideas could become policy, especially if Trump -- the GOP frontrunner -- reclaims the Oval Office." ~~~
~~~ Bombs Away! Marie: Since China is "the primary source of fentanyl and fentanyl-related substances," and India is getting in on the act, we probably should bomb the world's two most populous countries, too. I feel really ashamed of accusing the GOP of having no ideas about how to solve Americans' problems.
Musk Is Still a Dimwit. Paul Farhi of the Washington Post: "Twitter and its billionaire owner, Elon Musk, have backed off a controversial description of NPR as 'state-affiliated media,' relabeling the news organization's social media account as 'government funded.'... In addition to its unsavory connotation, the label appears to have been inconsistently applied. Several news organizations that receive government funding, as NPR does, have not been so labeled by Twitter.... The 'government funded' label appears to be a new one for Twitter, representing a kind of compromise from Twitter's previous labeling. On Saturday, it began placing the 'government funded' brand on other news outlets that receive some state support, including PBS, BBC and Voice of America. But the designation doesn't appear on Twitter accounts run by other such organizations, such as Canada's CBC News." ~~~
~~~ Marie: Musk's pretense of being a First-Amendment advocate is laughable. His only interest in a free press is in elevating right-wing outlets. Musk views NPR as a liberal outlet, so he thought he'd just defame them as a state-controlled entity. As many actual liberals will tell you, NPR's supposed unbiased content has left them yelling at their radios on many occasions on account of the inaccurate, right-wing slant of many reports.
Fox Settles a Defamation Case, But Not That Defamation Case. Maureen Farrell of the New York Times: "Fox News and one of its former hosts, Lou Dobbs, have settled a defamation suit with a Venezuelan businessman [Majed Khalil] whom the network linked to voting-system fraud in the 2020 election. In a letter filed on Saturday to a federal judge in the Southern District of New York, the parties said they had reached a confidential settlement, although they did not disclose the terms.... The settlement comes days before jury selection this week in [the Dominion Voting Systems defamation case]." Law & Crime's report is here.
Presidential Race 2024. Marie: Frank Luntz is a level-headed, reality-based Republican pollster who has spent a long career analyzing the psyche of the party/cult via focus groups. His op-ed in the New York Times, advising other potential Republican candidates on how to get rid of Trump sounds to me both spot on and scary. Scary because if a reasonable-sounding candidate follows Luntz's advice, s/he could win not just the primary but the presidency. Read the opinion and see if what Republicans want is what you want. I doubt it.
Way Beyond the Beltway
Ukraine, et al.
The Washington Post's live briefing of developments Monday in Russia's war on Ukraine is here: "As Ukraine prepares for its upcoming spring counteroffensive against Russia, it is in need of more soldiers and weapons. Men in uniforms are knocking on doors and sometimes handing out draft papers on street corners as battlefield losses mount. Recently leaked U.S. intelligence documents indicate that Ukraine is also facing an alarming shortfall of Western-supplied ammunition and air defense weapons, raising concerns about the embattled country's ability to lead the much-hyped counteroffensive. Heavy fighting continued Sunday in the eastern Donetsk region, as Pope Francis made an Easter appeal for peace in Ukraine."
Helene Cooper, et al., of the New York Times: "... without a huge influx of munitions, Ukraine's entire air defense network, weakened by repeated barrages from Russian drones and missiles, could fracture, according to U.S. officials and newly leaked Pentagon documents, potentially allowing President Vladimir V. Putin of Russia to unleash his lethal fighter jets in ways that could change the course of the war.... Ukrainian air defenses designed to protect troops on the front line, where much of Russia’s air power is concentrated, will 'be completely reduced' by May 23, resulting in strains on the air defense network deeper into Ukrainian territory. If that happens, officials say, Moscow could decide it is finally safe for its prized fighter jets and bombers to enter the fray and directly threaten the outcome of the war on the ground." ~~~
~~~ Marie: IOW, if you thought maybe President Zelensky was whining too much about needing military equipment and munitions, well, no. They don't even have enough bullets, for pete's sake, according to a story linked yesterday. ~~~
~~~ AND, according to a report by Jara Jakes of the New York Times, "... the combined output of all 11 of the factories that make the shells in Europe will still fall far short of meeting Ukraine's desperate needs. It's a problem that has reverberated across NATO nations, more than three decades after the end of the Cold War led many to pare military spending to the bone in favor of generous social welfare spending. And now, as even the United States is struggling to meet the demand for weapons systems and other matériel, officials and analysts increasingly question whether Europe will be able to expand production from its shrunken military-industrial sector enough to provide Ukraine the assistance it needs."
Dan Lamothe of the Washington Post: "A Russian fighter jet nearly shot down a British surveillance plane last year, according to a leaked U.S. military document circulating online, an incident more significant than was previously disclosed and that could have drawn the United States and its NATO allies directly into the Ukraine war. The near miss occurred on Sept. 29 off the coast of Crimea, the heavily fortified Ukrainian peninsula that Russia seized in 2014 and has used to base its Black Sea naval fleet and launch attacks elsewhere in Ukraine."
News Ledes
New York Times: "Al Jaffee, a cartoonist who folded in when the trend in magazine publishing was to fold out, thereby creating one of Mad magazine's most recognizable and enduring features, died on Monday in Manhattan. He was 102.... It was in 1964 that Mr. Jaffee created the Mad Fold-In, an illustration-with-text feature on the inside of the magazine's back cover that seemed at first glance to deliver a straightforward message. When the page was folded in thirds, however, both illustration and text were transformed into something entirely different and unexpected, often with a liberal-leaning or authority-defying message."
New York Times: "At least five people were killed and eight others were injured in a shooting at a bank in downtown Louisville, Ky., on Monday morning, the police said. The suspected gunman died at the scene. Paul Humphrey, the deputy chief of the Louisville Metro Police Department, said that the police received calls around 8:30 a.m. about a shooting at Old National Bank and when they arrived on the scene, 'they encountered the suspect almost immediately, still firing gunshots.' Chief Humphrey said that the gunman, whose name was not immediately released, was confirmed dead at the scene.... It was not clear if the gunman was included among the five dead. [See WashPo report, linked next.] The police did not say what the gunman's motive was, but they said that he had a connection to the bank and may have been a current or former employee." Thanks to Bobby Lee for the heads-up. ~~~
~~~ The Washington Post is live-updating developments: "A shooter killed four people at a bank in downtown Louisville, police said Monday morning. Police shot the assailant, authorities said, but it was unclear whether the person died of a self-inflicted wound. Two officers were injured, with one in critical condition. Another victim is also in critical condition, authorities said. Eight people in total were being treated for injuries late Monday morning. There is no active danger, authorities said."
Share Article