The Commentariat -- September 4, 2021

Until Further Notice, the Comments section is again working properly, and there is no need for you to fake-sign in to comment. But do save your work until you're sure your comment "took." -- Marie

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Ashley Parker of the Washington Post: "President Biden surveyed the damage caused by Hurricane Ida in the New Orleans area on Friday, days after powerful winds and destructive rains from the Category 4 storm devastated the Gulf Coast. At a briefing at the St. John the Baptist Parish Emergency Operations Center in LaPlace, La., Biden spoke to the potential impacts of the 'significant investment' the infrastructure bills he is seeking to push through Congress in rebuilding the storm-ravaged areas like the ones he would tour.... The president pointed to the levee system around New Orleans, which was rebuilt in the aftermath of Hurricane Katrina, as an example of smart infrastructure investment, saying it was 'a lot of money -- but think about how much money it saved.'... On a later tour of a LaPlace neighborhood, Biden saw homes covered in blue tarps amid debris and uprooted trees. He hugged residents in sweltering heat as they showed him the damage. He then surveyed the damage from above in a helicopter." See also Greg Sargent's post, linked below, on how Joe Manchin is stepping on Biden's message.

Daniel Han of Politico: "President Joe Biden on Friday called the new Texas law banning most abortions 'un-American,' telling reporters that the Department of Justice is investigating mechanisms that might block its enforcement. 'The most pernicious thing about the Texas law, it sort of creates a vigilante system where people get rewards to go out [and enforce it],' Biden said of the law, which prohibits abortions once a fetal heartbeat is detected, roughly six weeks into pregnancy and before many women know they are pregnant. 'It just seems, I know this sounds ridiculous, almost un-American.'" The Washington Post's story is here. (Also linked yesterday afternoon.)

Amy Wang of the Washington Post: "President Biden on Friday signed an executive order that would require the review, declassification and release of classified government documents related to the terrorist attacks on Sept. 11, 2001. In doing so, Biden said he was fulfilling a promise he had made while campaigning for president, in which he had vowed, if elected, to direct the U.S. attorney general to 'personally examine the merits of all cases' where the government had invoked state secrets privilege and 'to err on the side of disclosure in cases where, as here, the events in question occurred two decades or longer ago.'" (Also linked yesterday.)

Alan Rappeport of the New York Times: "With a humanitarian crisis looming [in Afghanistan], the Biden administration is reviewing how to tailor that web of sanctions so that aid can continue to reach the Afghan people. The challenge is how to let donor money continue to flow without further enriching the Taliban, which the United States considers a terrorist organization. Experts say that such a situation, in which a group deemed to be terrorists takes over an entire country, is without precedent and poses a complex test for the United States' sanctions program.... As the Taliban swept to power last month, the United States swiftly ... blocked its access to $9.5 billion in international reserve funds and pressured the International Monetary Fund to suspend distribution of more than $400 million in currency reserves.... The militant group continues to be classified as a specially designated global terrorist group, and they are also under United Nations sanctions.... But a desire to demonstrate some flexibility is already apparent. In the past week, the Treasury Department has signaled to humanitarian organizations that it is taking steps to permit aid work that benefits the Afghan people to continue."

Jonathan Dienst, et al., of NBC News: "The U.S. plans to send at least two Afghan evacuees back out of the country to Kosovo because of security concerns raised after they arrived at a U.S. airport, said two sources familiar with the U.S. evacuation. The Afghans will undergo a further review in Kosovo.... Any other evacuees who trigger similar concerns will also be sent to Kosovo, said the sources. Of more than 30,000 evacuees from Afghanistan to the U.S., about 10,000 needed additional screening as of Friday, said the sources, and of those about 100 were flagged for possible ties to the Taliban or terror groups. Two of those 100 raised enough concern for additional review."

Michael Shear, et al., of the New York Times: "On the last day of August, when President Biden called the airlift of refugees from Kabul an 'extraordinary success,' senior diplomats and military officers in Doha, Qatar, emailed out a daily situation report ... [that said] conditions in Doha ... were getting worse.... Whatever plans the Biden administration had for an orderly evacuation unraveled when Kabul fell in a matter of days, setting off a frenzied, last-minute global mobilization." If you have a NYT subscription, read on. Unsettling, tho not surprising. In fairness, the majority of immigrants to this country -- from those who came in slave ships to those who came in steerage & counted themselves lucky to escape conditions in the places from which they fled -- arrived in less-than-ideal circumstances.

Catie Edmondson of the New York Times: "The Commerce Department plans to shut down a little-known internal security unit that came under scrutiny by Congress for conducting rogue surveillance and investigations into people of Chinese and Middle Eastern descent, department officials said on Friday. The announcement came after department investigators released the findings of a nearly five-month internal review that concluded that the Investigations and Threat Management Service improperly opened investigations 'even in the absence of a discernible threat' and operated outside the bounds of its legal authority.... Unlike [a parallel] Senate investigation, the Commerce Department stopped short of attributing the problems to racism or xenophobia inside the unit."

Greg Sargent of the Washington Post: "... Sen. Joe Manchin III is going to great lengths to dramatically undermine [President] Biden's ... $3.5 trillion 'human infrastructure' package. In a Wall Street Journal piece, Manchin urges a 'pause' on the bill and calls for 'significantly reducing' its size 'to only what America can afford and needs to spend.' Most obviously, this could upend the 'two track' strategy, under which progressives support the $1 trillion bipartisan 'hard' infrastructure bill on the understanding that centrists such as Manchin will back the reconciliation measure. That could implode Biden's whole agenda. But this is deeply dangerous in another, less obvious way, one that turns on the reconciliation bill's provisions to combat climate change.... It's galling that the word 'climate' appears nowhere in Manchin's piece, even as he piously suggests he has a divinely inspired reading of what America truly 'needs to spend.'" (Also linked yesterday afternoon.)

Marshall Cohen of CNN: "The so-called 'QAnon Shaman' who stormed the US Capitol in a horned bearskin outfit pleaded guilty Friday to a felony for obstructing the Electoral College proceedings on January 6. The defendant, Jacob Chansley of Arizona, is a well-known figure in the QAnon movement. He went viral after the January 6 attack because of the bizarre outfit he wore while rummaging through the Capitol. He made his way to the Senate dais that was hastily vacated earlier by Vice President Mike Pence -- someone Chansley falsely claimed was a 'child-trafficking traitor.' He pleaded guilty Friday during a virtual hearing in DC District Court. The guilty plea was made as part of a deal with prosecutors, and it was accepted by District Judge Royce Lamberth." (Also linked yesterday afternoon.)

No. 1 Grifter Uses Donor Money to Pay -- Himself. Shayna Jacobs, et al., of the Washington Post: "... as Trump Tower has dealt with imploding tenants [including a company that made Ivanka Trump shoes], political backlash and a broader, pandemic-related slump in Manhattan office leasing since last year -- it has been able to count on one reliable, high-paying tenant:... Donald Trump's own political operation.... Starting in March, one of his committees, Make America Great Again PAC, paid $37,541.67 per month to rent office space on the 15th floor of Trump Tower -- a space previously rented by his campaign.... This may not be the most efficient use of donors' money: The person familiar with Trump&'s PAC said that its staffers do not regularly use the office space. Also, for several months, Trump's PAC paid the Trump Organization $3,000 per month to rent a retail kiosk in the tower's lobby -- even though the lobby was closed." (Also linked yesterday afternoon.) ~~~

     ~~~ Marie: This is quintessentially Trump: scamming people who think their $25 will transport him to the White House in August (oh wait, August is over) but instead will be a drop in the bucket to pay Trump to rent empty space to himself because the space is unrentable to real people & businesses.

Steve Vladeck in a Washington Post op-ed: Justice Elena Kagan's dissent in the Texas abortion case was only two short paragraphs in which she pointed out "the court's alarming record of inconsistency in its recent spate of late-night emergency orders, [and] she spoke directly to its eroding legitimacy. Rather than focus on the majority's willingness to allow Texas to flout the 1973 ruling in Roe v. Wade, Kagan chose to highlight what the ruling said about the court's 'shadow-docket' -- the calendar it uses to issue procedural case-management orders.... As Kagan put it, the majority decision 'is emblematic of too much of this Court's shadow-docket decisionmaking -- which every day becomes more unreasoned, inconsistent, and impossible to defend.'... Her critique [noted that the majority] ... used an unsigned and barely explained order to short-circuit the constitutional rights of millions of Texas women; and its nonintervention over abortion differed blatantly from its aggressive interventions in the past year in religious liberty cases.... Two things have changed in recent years. First, the court is using these orders with far greater frequency to allow much-debated policies to go into effect.... Second..., the court is treating these orders as creating precedents that lower courts must follow." Justice Kagan's dissent is here, via the Supreme Court. ~~~

~~~ Jamelle Bouie of the New York Times: "In recent years, and especially during the Trump administration, the court has relied on the shadow docket to make consequential decisions on a wide range of issues. Often, the court issues its decisions from the shadow docket without signed opinions or detailed explanations of the kind you would find in an argued case.... The vote on the Texas abortion law came on Wednesday, in the dead of night.... The court has essentially nullified the constitutional rights of millions of American women without so much as an argument.... This isn't judicial review as much as it is a raw exercise of judicial power.... The extent to which political outcomes in America rest on the opaque machinations of a cloistered, nine-member clique is the clearest possible sign that we've given too much power to this institution. We can have self-government or we can have rule by judge, but we cannot have both."

... the courts let the Sacklers off the hook, the excuse being they didn't want to clog the courts with lawsuits. But suing poor women in Texas, or people who help poor women in Texas, or people who help the people who help the poor women in Texas? File at will! -- Nisky Guy, in yesterday's Comments

Let me tell you about the very rich. They are different from you and me. -- Scott Fitzgerald

And the courts won't let us forget it. -- Marie

Marie: So here are the fundamental flaws in U.S. "democracy" today. (1) We nearly re-elected a president* who for four years mocked the rule of law and used his position and his appointees to facilitate multiple violations of law and "norms." The president is not elected by popular vote, and arguably the worst presidents* in recent years (Bush & Trump) came into office after they lost the popular vote. (2) A Senate that in no way represents the majority of Americans. a House of Representatives that, because of gerrymandering, does not represent a majority of American voters. (3) A court system that overreaches its implied powers and is made up of justices, two of whom (Gorsuch & Barrett) were confirmed under abnormal conditions and two of whom (Thomas & Kavanaugh) who most likely told material lies, under oath, during their confirmation hearings. (4) State legislatures which are working to disenfranchise millions of Americans. (5) A Constitution which is almost impossible to amend in order to improve Flaws 1-4. (Likely you can think of more, but these are the basics.) ~~~

~~~ ** AND There's This. Elizabeth Dwoskin of the Washington Post: "A new study of user behavior on Facebook around the 2020 election is likely to bolster critics' long-standing arguments that the company's algorithms fuel the spread of misinformation over more trustworthy sources. The forthcoming peer-reviewed study by researchers at New York University and the Université Grenoble Alpes in France has found that from August 2020 to January 2021, news publishers known for putting out misinformation got six times the amount of likes, shares, and interactions on the platform as did trustworthy news sources, such as CNN or the World Health Organization.... The NYU study is one of the few comprehensive attempts to measure and isolate the misinformation effect across a wide group of publishers on Facebook, experts said, and its conclusions support the criticism that Facebook's platform rewards publishers that put out misleading accounts." ~~~

     ~~~ Marie: Clearly, 20th- and 21st-century parents & teachers have not been smart enough or able enough to convey to their impressionable offspring that tabloids, movie magazines, gossip columns, what your friends heard -- and now social media -- are not fonts of facts. The result is a country populated by generations of numbskulls.

The Pandemic, Ctd.

The New York Times' live updates of Covid-19 developments Friday are here. The Washington Post's live Covid-19 updates for Friday are here. (Also linked yesterday afternoon.)

Adela Suliman of the Washington Post: "A coronavirus variant known as 'mu' or 'B.1.621' was designated by the World Health Organization as a 'variant of interest' earlier this week and will be monitored by the global health body as cases continue to emerge across parts of the world. It is the fifth variant of interest currently being monitored by the WHO." The article outlines what is known, so far, about the mu variant. ~~~

     ~~~ Tom Tapp of Deadline: "Dr. Anthony Fauci on Thursday said U.S. public health officials are 'keeping a very close eye' on a new variant of Covid-19 that was first detected in Colombia. Known as B.1.621 or the 'Mu variant' according to the World Health Organization nomenclature, it has 'a constellation of mutations that indicate potential properties of immune escape,' according to a WHO report released on Monday. 'Preliminary data presented to the Virus Evolution Working Group show a reduction in neutralization capacity of convalescent ... similar to that seen for the Beta variant, but this needs to be confirmed by further studies.' Today, he Los Angeles County Department of Public Health announced the Mu variant, for the first time, has been identified in the region. The numbers are still small; Only 167 Mu variants have been identified in L.A. County thus far."

Chris Hayes of MSNBC pointed out Friday night that about twice as many people died from Covid-19 yesterday as died from Covid-19 on that date a year ago, before vaccines were available.

Marie: I was listening to Anthony Fauci on the teevee Friday night. He speaks unscripted about complex topics in full, understandable & grammatical sentences and paragraphs. If you're accustomed to listening to teevee hosts & pundits, that should impress you.

Arizona. Andrea Salcedo of the Washington Post: "When an Arizona school employee called a parent on Thursday to share that his son had come in close contact with someone who tested positive for the coronavirus, the dad was told his son must stay at home for at least a week. Instead, later that morning, the man walked into Mesquite Elementary School with his son and two other men carrying zip ties before confronting the principal over the school's quarantine policy, Vail Unified School District Superintendent John Carruth told The Washington Post. In a meeting with the principal, Carruth said, the men threatened to call local authorities and conduct a 'citizen's arrest' if the student was not allowed to rejoin school activities immediately.... The principal ... explained that the school was following guidance issued by the local health department [and] ordered the trio to leave, Carruth said.... A spokesperson with the Tucson Police Department confirmed that officers responded to the incident."

Beyond the Beltway

Colorado Update. According to Bente Birkeland of NPR, Mesa County Clerk Tina Peters is still in hiding after a month on the lam, aided & abetted as she is by My Pillow Guy Mike Lindell. Tina is an elected official & the county supervisors, who like Tina are Republicans, are urging her to return to work. MEANWHILE, "Colorado Secretary of State Jena Griswold [D] filed a lawsuit to prevent Peters from having any role in the county's upcoming fall election.... [AND] On Thursday [Peters'] deputy, Belinda Knisley, was charged with second-degree burglary and a cybercrime over entering the building while she was suspended, pending an investigation into unprofessional and inappropriate conduct in the workplace." I checked out photos of Tina online, and it turns out she is an attractive, blond-haired woman d'un certain âge. Perhaps Mike has My Pillow aspirations here. In Right-wing Bizarros World, life is but a dream.

Texas. Sean Hollister of the Verge: "... the anti-abortion group Texas Right to Life is encouraging citizens to report those people [who help women get abortions] at a dedicated 'whistleblower' website, promising to 'ensure that these lawbreakers are held accountable for their actions.'However..., hosting provider GoDaddy has given the group 24 hours to find a different place to park its website. 'We have informed prolifewhistleblower.com they have 24 hours to move to another provider for violating our terms of service,' a spokesperson told The New York Times and The Verge. GoDaddy ... tells The Verge that it violated 'multiple provisions' of the site's Terms of Service including Section 5.2, which reads: 'You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.'" ~~~

~~~ Leia Idliby of Mediaite: "Logan Green, the CEO and co-founder of Lyft, announced that the ride-hailing company will cover all legal fees if any of its drivers are sued under Texas' new abortion law." ~~~

~~~ AP: "A state judge has shielded, for now, Texas abortion clinics from lawsuits by an anti-abortion group under a new state abortion law in a narrow ruling handed down Friday. The temporary restraining order Friday by state District Judge Maya Guerra Gamble in Austin in response to the Planned Parenthood request does not interfere with the provision. However, it shields clinics from whistleblower lawsuits by the nonprofit group Texas Right to Life, its legislative director and 100 unidentified individuals. A hearing on a preliminary injunction request was set for Sept. 13."

News Ledes

New York Times: "Patricia Maginnis, one of the nation's earliest and fiercest proponents of a woman's right to safe, legal abortions, who crusaded for that right on her own before the formation of an organized reproductive-rights movement, died on Aug. 30 in Oakland, Calif. She was 93."

New York Times: "Willard Scott, the antic longtime weather forecaster on the "Today' show, whose work, by his own cheerful acknowledgment, made it clear that you don't need a weatherman to know which way the wind blows, died on Saturday at his farm in Delaplane, Va. He was 87.″

The Commentariat -- September 3, 2021

Breaking News: Until Further Notice, the Comments section is again working properly, and there is no need for you to fake-sign in to comment. But do save your work until you're sure your comment "took." -- Marie

Marie: Reality Chex AGAIN is not accepting comments, through no design or fault of my own. However, my dumb interim plan to get around the problem still works. Here, again, are the easy instructions:

1. In the URL (address line), enter www.realitychex.com/display/Login and return. The login is case-sensitive, so that "L" in "Login" must be capitalized.

2. A log-in page will come up. Type squarespace in the Login box. Type nonsense in the password box. And return. That will get you page to the standard Reality Chex page. (Note: Don't use boldface type; I've put the stuff you have to use in boldface only to make it easier to see.)

3. Type your comment in the Comments box as usual. But at the end of the comment, sign it with your usual Reality Chex handle, because the name of the poster will say "See Above."

Also, thanks to Ken W. for alerting me.

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Afternoon Update:

Daniel Han of Politico: "President Joe Biden on Friday called the new Texas law banning most abortions 'un-American,' telling reporters that the Department of Justice is investigating mechanisms that might block its enforcement. 'The most pernicious thing about the Texas law, it sort of creates a vigilante system where people get rewards to go out [and enforce it],' Biden said of the law, which prohibits abortions once a fetal heartbeat is detected, roughly six weeks into pregnancy and before many women know they are pregnant. 'It just seems, I know this sounds ridiculous, almost un-American.'" The Washington Post's story is here.

Amy Wang of the Washington Post: "President Biden on Friday signed an executive order that would require the review, declassification and release of classified government documents related to the terrorist attacks on Sept. 11, 2001. In doing so, Biden said he was fulfilling a promise he had made while campaigning for president, in which he had vowed, if elected, to direct the U.S. attorney general to 'personally examine the merits of all cases' where the government had invoked state secrets privilege and 'to err on the side of disclosure in cases where, as here, the events in question occurred two decades or longer ago.'"

Greg Sargent of the Washington Post: "... Sen. Joe Manchin III is going to great lengths to dramatically undermine [President] Biden's ... $3.5 trillion 'human infrastructure' package. In a Wall Street Journal piece, Manchin urges a 'pause' on the bill and calls for 'significantly reducing' its size 'to only what America can afford and needs to spend.' Most obviously, this could upend the 'two track' strategy, under which progressives support the $1 trillion bipartisan 'hard' infrastructure bill on the understanding that centrists such as Manchin will back the reconciliation measure. That could implode Biden's whole agenda. But this is deeply dangerous in another, less obvious way, one that turns on the reconciliation bill's provisions to combat climate change.... It's galling that the word 'climate' appears nowhere in Manchin's piece, even as he piously suggests he has a divinely inspired reading of what America truly 'needs to spend.'"

The New York Times' live updates of Covid-19 developments Friday are here. The Washington Post's live Covid-19 updates for Friday are here.

Marshall Cohen of CNN: "The so-called 'QAnon Shaman' who stormed the US Capitol in a horned bearskin outfit pleaded guilty Friday to a felony for obstructing the Electoral College proceedings on January 6. The defendant, Jacob Chansley of Arizona, is a well-known figure in the QAnon movement. He went viral after the January 6 attack because of the bizarre outfit he wore while rummaging through the Capitol. He made his way to the Senate dais that was hastily vacated earlier by Vice President Mike Pence -- someone Chansley falsely claimed was a 'child-trafficking traitor.' He pleaded guilty Friday during a virtual hearing in DC District Court. The guilty plea was made as part of a deal with prosecutors, and it was accepted by District Judge Royce Lamberth."

No. 1 Grifter Uses Donor Money to Pay -- Himself. Shayna Jacobs, et al., of the Washington Post: "... as Trump Tower has dealt with imploding tenants [including a company that made Ivanka Trump shoes], political backlash and a broader, pandemic-related slump in Manhattan office leasing since last year -- it has been able to count on one reliable, high-paying tenant:... Donald Trump's own political operation.... Starting in March, one of his committees, Make America Great Again PAC, paid $37,541.67 per month to rent office space on the 15th floor of Trump Tower -- a space previously rented by his campaign.... This may not be the most efficient use of donors' money: The person familiar with Trump's PAC said that its staffers do not regularly use the office space. Also, for several months, Trump's PAC paid the Trump Organization $3,000 per month to rent a retail kiosk in the tower's lobby -- even though the lobby was closed." MB: This is quintessentially Trump: scamming people who think their $25 will transport him to the White House in August (oh wait, August is over) but instead will be a drop in the bucket to pay Trump to rent empty space to himself because the space is unrentable to real people & businesses.

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Brett Samuels of the Hill: "President Biden on Thursday said he is directing his administration to look into ways to protect abortion access for women in Texas after the Supreme Court refused to block the state's law that bans almost all abortions[.]... The White House on Wednesday said the proper recourse to ensure abortion access would be for Congress to codify Roe v. Wade. But Biden on Thursday signaled his administration would take unilateral action where possible. The president said he was asking the Gender Policy Council and White House Counsel to 'launch a whole-of-government effort to respond to this decision, looking specifically to the Department of Health and Human Services and the Department of Justice to see what steps the Federal Government can take to ensure that women in Texas have access to safe and legal abortions as protected by Roe, and what legal tools we have to insulate women and providers from the impact of Texas' bizarre scheme of outsourced enforcement to private parties.'" (Also linked yesterday afternoon.) ~~~

     ~~~ Aliza Worthington of Crooks & Liars: Elie Mystal gives President Biden a blueprint for how he could subvert the Texas law. Also read the citations Worthington includes in her post. MB: Mystal's plan is indeed subversive, but not any more so than the Texas law. ~~~

~~~ Cristina Marcos of the Hill: "Speaker Nancy Pelosi (D-Calif.) said Thursday that the House will vote on legislation to guarantee access to abortion upon its return to Washington later this month after the Supreme Court refused to block a restrictive Texas law that bans most abortions.... Pelosi said that after the House returns to session on Sept. 20, the chamber will vote on a bill from Rep. Judy Chu (D-Calif.) to statutorily protect a person's ability to seek an abortion and for health care providers to provide abortion services.... The Senate companion bill to Chu's legislation has the support of 48 Democrats. Two Democrats, Sen. Joe Manchin (W.Va.) and Bob Casey (Pa.) have not signed on as co-sponsors. Sen. Ed Markey (D-Mass.) called for abolishing the filibuster so that legislation to enshrine Roe v. Wade can pass in the Senate with a simple majority and for expanding the Supreme Court." MB: IOW, the bill will not pass in the Senate. (Also linked yesterday afternoon.) ~~~

~~~ Thanks, Susan! Felicia Sonmez of the Washington Post: "Sen. Susan Collins emerged from her face-to-face meeting with then-Supreme Court nominee Brett M. Kavanaugh in August 2018 insisting that he had reassured her that Roe v. Wade was settled law. Two months later, Collins (R-Maine), who supports abortion rights, declared in a lengthy Senate floor speech that Kavanaugh had a 'record of judicial independence' and dismissed the notion that he might overturn precedent. She later would vote to confirm him to the lifetime post. Collins's past assertions came into sharp relief Wednesday as Kavanaugh joined four of his fellow conservatives on the court in declining to block one of the country's most restrictive abortion laws.... Collins's support for Kavanaugh -- and her insistence that he would uphold Roe -- was crucial in installing then-President Donald Trump's nominee to the Supreme Court as the Senate confirmed him by one of the narrowest margins in history, a near party-line 50-to-48 vote.... In a statement Thursday afternoon, Collins called the Texas law 'extreme and harmful.... I oppose the Court's decision to allow the law to remain in effect for now while these underlying constitutional and procedural questions are litigated.'" ~~~

     ~~~ Marie: Gosh, if only Collins had been a little more "concerned." Kudos to CNN for repeatedly knocking Collins on-air Thursday. ~~~

~~~ Supremes Toss the Principle of Equal Justice. Ian Millhiser of Vox: "The Court has now signaled that it will permit states to enact laws that were intentionally drafted to frustrate judicial review, at least if a majority of the Court agrees with what that law is trying to accomplish. And it handed down one of the most monumental decisions of our era -- a decision effectively overturning Roe v. Wade -- in a shadow docket order that offers virtually no reasoning.... The Roberts Court ... is perfectly willing to make sweeping legal pronouncements in shadow docket orders when conservative litigants ask them to do so. But now that a group of litigants who are hated by conservatives asked the justices to hand down a similar order, the five most conservative justices insist upon judicial modesty.... The Supreme Court is quite protective of due process -- when the right litigant seeks the Court's protection. One of the most disturbing things about Whole Woman's Health is that it suggests the Court has abandoned its most fundamental principle: equal justice under law." ~~~

~~~ Josh Marshall of TPM: "... the Supreme Court is both corrupted and corrupt. One of the court's nine members sits illegitimately. At least five of the current conservative majority have opted for a parodic version of what the judicial right once denounced as 'judicial activism.' The conservative majority's jurisprudence is a results-oriented approach abandoning both precedent and the more basic interpretive traditions to arrive at the preferred outcomes of either the Republican party or conservative ideology generally. A 6 to 3 Court doesn't require extraordinary measures to overrule Roe. It seems prepped to do so next year in a case from Mississippi. The overnight decision -- which rather overstates what the Court did -- is another example of the injudicious exuberance to use the Court to remake the nation's laws in ways that mere democracy will not allow.... The lawful remedy is to create new seats on the Court to break its power. The lawful solution to overruling Roe is to take current precedent as of today and enact it as law.... I would be remiss if I didn't add that Justice Breyer is in the process of handing the corrupt majority a seventh seat by insisting on remaining on the Court with no justification whatsoever. He deserves the most unremitting scorn." ~~~

~~~ Karl Paul of the Guardian: "Pro-choice users on TikTok and Reddit have launched a guerrilla effort to thwart Texas's extreme new abortion law, flooding an online tip website that encourages people to report violators of the law with false reports, Shrek memes, and porn.... An online form allows anyone to submit an anonymous 'report' of someone illegally obtaining an abortion, including a section where images can be uploaded for proof.... One TikTok user said they had submitted 742 fake reports of the governor Greg Abbott getting illegal abortions." ~~~

     ~~~ One Small Step for Womankind. Joseph Cox of Vice: "An activist has made a script to flood a Texas website used to solicit information on people seeking abortions with fabricated data, according to a TikTok video from the developer and Motherboard's [Vice's] test of the tool. The developer, whose social media identifies him as Sean Black, also made an iOS shortcut making it easier for non-technical activists to participate as well.... 'To me the McCarthyism era tactics of turning neighbors against each other over a bill I feel is a violation of Roe V Wade is unacceptable. There are people on TikTok using their platform to educate and do their part. I believe this is me doing mine,' Black told Motherboard in an email."

Manchin Makes Written Request to Everyone to Kiss His Anatomy. Tony Romm of the Washington Post: "A defining element of President Biden's economic agenda appeared to be in new political jeopardy on Thursday, after Sen. Joe Manchin III, one of the chamber's most pivotal swing votes, said the Senate should take a 'strategic pause' on advancing its $3.5 trillion tax and spending package. Writing in the Wall Street Journal, Manchin (D-W.Va.) raised concerns that the price tag is too high, that the effects on the federal debt might be too great and that the risks of inflation could create financial harm for Americans. He called on his fellow Democrats to slim down their spending ambitions -- and to slow down their plans to adopt the measure as soon as this month."

Luke Broadwater of the New York Times: "The House committee investigating the Jan. 6 Capitol riot included Representative Kevin McCarthy, the Republican leader, this week on a list of hundreds of people whose records it instructed social media and telecommunications companies to preserve for possible use in the inquiry. The move signals that the panel may seek more information from Mr. McCarthy, who has said he had a tense phone call with Donald J. Trump as a mob of the former president's supporters laid siege to the Capitol, a conversation that could shed light on Mr. Trump's state of mind and intentions as the violence unfolded. It also adds new context to Mr. McCarthy's threat this week to retaliate against any company that complies with the records preservation demand.... The preservation request, which listed 11 other far-right Republicans when it was issued on Monday, was accompanied by a statement that said the committee was merely 'gathering facts, not alleging wrongdoing by any individual.'" A CNN story is here.

Annie Grayer, et al., of CNN: "Democratic Chairman of the January 6 Select Committee Bennie Thompson announced on Thursday that Republican Rep. Liz Cheney will become the panel's vice chair, the latest sign that the Democrat-run committee is attempting to strike a bipartisan tone as it prepares to wade into politically contested waters. Cheney, one of two Republicans to serve on the committee, has defied her party by joining the panel controlled by Democrats and even sacrificed her own position in leadership in order to remain vocal and outspoken about the need to investigate the January 6 insurrection at the US Capitol." (Also linked yesterday afternoon.)

Clare Hymes of CBS News: "The bare-chested man pictured with his face painted, wearing a horned helmet and howling in the Senate chamber during the insurrection on January 6th is expected to plead guilty Friday in federal court to charges stemming from his participation at the riot, according to a court filing. Jacob Chansley, aka the 'QAnon Shaman,' was charged with a six-count indictment that includes civil disorder, violent entry and disorderly conduct, as well as a felony count for obstruction of an official proceeding, which carries a sentence of up to 20 years in prison. The details of Chansley's plea agreement with the government, including which specific charges he is pleading guilty to, have not yet been made public. In a statement, Chansley's attorney, Albert Watkins, said his client no longer wants to be associated with the conspiracy theory QAnon...."

Spencer Hsu of the Washington Post: "A self-described 'poster boy' for the Jan. 6 Capitol riot was sent back to jail Thursday after violating a federal judge's order to stay off the Internet -- a lapse his lawyer attributed to his seeming addiction to the QAnon cult. Douglas Jensen, 42, of Des Moines became one of the most recognized members of the mob that day when he was recorded on widely shared video pursuing U.S. Capitol Police Officer Eugene Goodman up two flights of stairs inside the Capitol while searching for the just-evacuated Senate chamber, according to prosecutors. Jensen -- wearing a black T-shirt emblazoned with a large 'Q' and an eagle -- came to Washington believing that members of Congress and Vice President Mike Pence were going to be arrested for opposing ... Donald Trump's effort to overturn the results of the 2020 election, U.S. District Judge Timothy J. Kelly said at a hearing Thursday."

Ben Protess, et al., of the New York Times: "At least one employee at Donald J. Trump's family business testified before a grand jury on Thursday as prosecutors in Manhattan weighed whether to charge a senior executive at the company with tax-related crimes, according to people with knowledge of the matter. The Manhattan district attorney's office is scrutinizing whether the executive, Matthew Calamari, benefited from what prosecutors have described as a 15-year scheme at the Trump Organization to help its top leadership evade taxes by compensating them with off-the-books luxury perks such as free cars and apartments. The development came two months after the district attorney's office indicted the Trump Organization's chief financial officer, Allen H. Weisselberg, and the company itself over the perks.... Mr. Calamari's son, Matthew Calamari Jr., who is the 28-year-old corporate director of security at the Trump Organization, testified before the grand jury on Thursday. Jeffrey McConney, who has long served as the Trump Organization's controller and handled the elder Mr. Calamari's taxes, had also been expected to testify."

Amy Wang & David Fahrenthold of the Washington Post: "Kelly Craft, who was appointed to two ambassadorships under ... Donald Trump, directed government business to Trump's hotel in Washington while in office, emails released by the State Department show....According to the emails, [at her own request & sometimes contrary to State Department recommendations,] Craft stayed at the Trump International Hotel multiple times while in Washington."

Matthew Goldstein & Kate Kelly of the New York Times: "James Simons, a mathematician whose algorithmic approach has been adopted by many other investment funds, and some of his former colleagues at Renaissance Technologies have settled a decade-long dispute with the government over the tax treatment of some of their investments, the firm said in letter to investors. The settlement, which involves 10 years' worth of trades made by the hedge fund, could be worth as much as $7 billion, according to a person with knowledge of the agreement. It is one of the largest federal tax disputes in history. The deal ends a standoff that led to a congressional investigation and involved two politically connected financiers: Mr. Simons, a longtime patron of Democratic candidates with an estimated net worth of $25 billion, and Robert Mercer, a former Renaissance executive whose advocacy for conservative causes included helping to found Cambridge Analytica. After Donald J. Trump won the 2016 presidential election, the now-defunct political consulting firm became embroiled in a scandal for harvesting Facebook data without users' consent to assist his campaign." ~~~

     ~~~ Marie: Who'da thunk a big Trump backer had a history of bilking the government of tax revenues?

Adam Goldman of the New York Times: "A member of a notorious cell of four British Islamic State members who tortured Western hostages pleaded guilty on Thursday in a federal courtroom filled with family members of the group's American victims, some of whom were beheaded for propaganda videos seen around the world. Alexanda Kotey, 37, was part of an ISIS cell of four Britons called 'the Beatles' -- a nickname given by their victims because of their accents -- and known for their extreme brutality. The group kidnapped and abused more than two dozen hostages, including the American journalists James Foley and Steven J. Sotloff in 2014, both of whom were beheaded in propaganda videos. Another two Americans were also killed: Peter Kassig and Kayla Mueller. As families of all four victims sat silently in the courtroom on Thursday, Mr. Kotey recounted calmly and without emotion his crimes and his involvement in the hostage-tasking schemes.... He pleaded guilty to multiple charges, including conspiracy to commit hostage taking resulting in death and conspiracy to murder U.S. citizens outside the United States. As part of the plea deal, if Mr. Kotey fulfills his cooperation requirements, he could be sent to Britain after 15 years to complete the remainder of a mandatory life sentence."

Matthew Gault & Jason Koebler of Vice: "Gun company Remington has subpoenaed the report cards, attendance records, and disciplinary records of five kindergarten and first grade students murdered in the Sandy Hook Elementary School shooting, according to new court filings in a civil lawsuit filed against the company." MB: To what end? To argue that the loss of a particular child's life isn't worth much if he didn't do well in kindergarten? That's really the only "purpose" I can figure for these subpoenas. This is taking "blaming the victim" to a whole new level.

Christopher Flavelle, et al., of the New York Times: "Disasters cascading across the country this summer have exposed a harsh reality: The United States is not ready for the extreme weather that is now becoming frequent as a result of a warming planet.... 'And to the country, the past few days of Hurricane Ida and the wildfires in the West and the unprecedented flash floods in New York and New Jersey is yet another reminder that these extreme storms and the climate crisis are here,' said [President] Biden, who noted that a $1 trillion infrastructure bill pending in Congress includes some money to gird communities against disasters. 'We need to do -- be better prepared. We need to act.'... Governments have not spent enough time and money to brace for climate shocks that have long been predicted.... But ... there are limits to how much the country, and the world, can adapt."

Mayberry Falls to Climate Change. Christopher Flavelle of the New York Times: "Climate shocks are pushing small rural communities..., many of which were already struggling economically, to the brink of insolvency. Rather than bouncing back, places hit repeatedly by hurricanes, floods and wildfires are unraveling: residents and employers leave, the tax base shrinks and it becomes even harder to fund basic services. That downward spiral now threatens low-income communities in the path this week of Hurricane Ida and those hit by the recent flooding in Tennessee -- hamlets regularly pummeled by storms that are growing more frequent and destructive because of climate change." (Also linked yesterday afternoon.) ~~~

     ~~~ Marie: IOW, Republicans are destroying their own fairy tale. Republican politicians hold up these small towns as idyllic exemplars of "real America" at the same time they either oppose efforts to curb climate change or outright deny there is such a thing.

Beyond the Beltway

Georgia. Alyssa Lukpat of the New York Times: "A grand jury indicted a former prosecutor in Georgia on Thursday, accusing her of 'showing favor and affection' to one of the men now charged with killing Ahmaud Arbery and for directing police officers not to arrest another suspect. The prosecutor, Jackie Johnson, a former district attorney in Glynn County, had recused herself from the case involving Mr. Arbery, a 25-year-old Black man who was confronted by three white men while jogging through their neighborhood. The fatal encounter, which stoked national outrage, was recorded on a cellphone video by William Bryan, who filmed Gregory McMichael and his son Travis McMichael fatally shooting Mr. Arbery. All three have been charged with murder.... The indictment says Ms. Johnson failed 'to treat Ahmaud Arbery and his family fairly and with dignity' by not disclosing that she had sought the assistance of another district attorney before recommending that he take over the case. Ms. Johnson recused herself because Gregory McMichael had worked in her office. She also 'knowingly and willfully' directed two Glynn County police officers not to arrest Travis McMichael, 'contrary to the laws of said state,' the indictment said." An AP story is here.

Way Beyond

Japan. Motoko Rich of the New York Times: "Less than a year after becoming prime minister of Japan, Yoshihide Suga said on Friday that he would not seek re-election as leader of the governing party, paving the way for a new leader after his historically unpopular tenure. Mr. Suga assumed the prime ministership after Shinzo Abe, Japan's longest-serving prime minister, resigned last August because of ill health. Mr. Suga, the son of a strawberry farmer and a schoolteacher from the country's rural north, had been a behind-the-scenes operator and always looked uncomfortable as a public-facing leader."

News Ledes

The New York Times' live updates of developments Friday in the New York related to the remnants of Hurricane Ida are here: "The death toll from the remnants of Hurricane Ida grew on Friday with the announcement of two more deaths in New Jersey, bringing the total number of lives lost to 45 across four states hit that were hit by the storm Wednesday evening. Authorities fear the toll will increase further: Gov. Phillip D. Murphy of New Jersey said at least six people were still missing in the floods.... In New York City, where most of the deaths occurred when people were trapped in flooded basement apartments, Mayor Bill de Blasio announced on Friday that going forward, when flash floods were forecast, the city would go door-to-door in neighborhoods with high concentrations of such apartments and evacuate residents."

CNBC: "Job creation for August was a huge disappointment, with the economy adding just 235,000 positions, the Labor Department reported Friday. Economists surveyed by Dow Jones had been looking for 720,000 new hires. The unemployment rate dropped to 5.2% from 5.4%, in line with estimates. August's total -- the worst since January -- comes with heightened fears of the pandemic and the impact that rising Covid cases could have on what has been a mostly robust recovery. The weak report could cloud policy for the Federal Reserve, which is weighing whether to pull back on some of the massive stimulus it has been adding since the outbreak in early 2020."

The Commentariat -- September 2, 2021

Marie: Reality Chex AGAIN is not accepting comments, through no design or fault of my own. However, my dumb interim plan to get around the problem still works. Here, again, are the easy instructions:

1. In the URL (address line), enter www.realitychex.com/display/Login and return. The login is case-sensitive, so that "L" in "Login" must be capitalized.

2. A log-in page will come up. Type squarespace in the Login box. Type nonsense in the password box. And return. That will get you page to the standard Reality Chex page. (Note: Don't use boldface type; I've put the stuff you have to use in boldface only to make it easier to see.)

3. Type your comment in the Comments box as usual. But at the end of the comment, sign it with your usual Reality Chex handle, because the name of the poster will say "See Above."

Also, thanks to Ken W. for alerting me.

~~~~~~~~~~

Afternoon Update:

Brett Samuels of the Hill: "President Biden on Thursday said he is directing his administration to look into ways to protect abortion access for women in Texas after the Supreme Court refused to block the state's law that bans almost all abortions[.]... The White House on Wednesday said the proper recourse to ensure abortion access would be for Congress to codify Roe v. Wade. But Biden on Thursday signaled his administration would take unilateral action where possible. The president said he was asking the Gender Policy Council and White House Counsel to 'launch a whole-of-government effort to respond to this decision, looking specifically to the Department of Health and Human Services and the Department of Justice to see what steps the Federal Government can take to ensure that women in Texas have access to safe and legal abortions as protected by Roe, and what legal tools we have to insulate women and providers from the impact of Texas' bizarre scheme of outsourced enforcement to private parties.'"

Cristina Marcos of the Hill: "Speaker Nancy Pelosi (D-Calif.) said Thursday that the House will vote on legislation to guarantee access to abortion upon its return to Washington later this month after the Supreme Court refused to block a restrictive Texas law that bans most abortions.... Pelosi said that after the House returns to session on Sept. 20, the chamber will vote on a bill from Rep. Judy Chu (D-Calif.) to statutorily protect a person's ability to seek an abortion and for health care providers to provide abortion services.... The Senate companion bill to Chu's legislation has the support of 48 Democrats. Two Democrats, Sen. Joe Manchin (W.Va.) and Bob Casey (Pa.) have not signed on as co-sponsors. Sen. Ed Markey (D-Mass.) called for abolishing the filibuster so that legislation to enshrine Roe v. Wade can pass in the Senate with a simple majority and for expanding the Supreme Court." MB: IOW, the bill will not pass in the Senate.

Annie Grayer, et al., of CNN: "Democratic Chairman of the January 6 Select Committee Bennie Thompson announced on Thursday that Republican Rep. Liz Cheney will become the panel's vice chair, the latest sign that the Democrat-run committee is attempting to strike a bipartisan tone as it prepares to wade into politically contested waters. Cheney, one of two Republicans to serve on the committee, has defied her party by joining the panel controlled by Democrats and even sacrificed her own position in leadership in order to remain vocal and outspoken about the need to investigate the January 6 insurrection at the US Capitol."

Mayberry Falls to Climate Change. Christopher Flavelle of the New York Times: "Climate shocks are pushing small rural communities..., many of which were already struggling economically, to the brink of insolvency. Rather than bouncing back, places hit repeatedly by hurricanes, floods and wildfires are unraveling: residents and employers leave, the tax base shrinks and it becomes even harder to fund basic services. That downward spiral now threatens low-income communities in the path this week of Hurricane Ida and those hit by the recent flooding in Tennessee -- hamlets regularly pummeled by storms that are growing more frequent and destructive because of climate change." ~~~

     ~~~ Marie: IOW, Republicans are destroying their own fairy tale. Republican politicians hold up these small towns as idyllic exemplars of "real America" at the same time they either oppose efforts to curb climate change or outright deny there is such a thing.

~~~~~~~~~~

Zelensky Gets His Oval Office Meeting with a Real U.S. President. Annie Karni of the New York Times: "President Biden on Wednesday assured Ukraine's president that the United States remained opposed to 'Russian aggression' in the region, using an Oval Office meeting to affirm his support for a leader unnerved by America's chaotic exit from Afghanistan. The meeting with President Volodymyr Zelensky of Ukraine also allowed Mr. Biden to send a message to Russia that he was committed to standing by a strategic partner that Moscow has invaded. 'The partnership between our nations grows stronger and its going to become even stronger,' Mr. Biden said, noting the two countries had a 'similar value system' that included a commitment to a Europe that was 'whole, free and at peace.' Despite a delay of a few days, due in part to the unfolding crisis in Afghanistan, Mr. Zelensky finally got the Oval Office reception he had been seeking since his election in 2019. His earlier efforts to secure such a meeting with ... Donald J. Trump led to Mr. Zelensky unwittingly becoming entangled in an international incident that led to Mr. Trump's first impeachment trial."

The Washington Post's live updates of Thursday's developments related to Afghanistan are here: "Gen. Mark A. Milley, chairman of the Joint Chiefs of Staff, told reporters Wednesday ... [that] it is 'possible' the United States will coordinate with the Taliban in the fight against the Islamic State, although he declined to make predictions about potential collaboration with Afghanistan's new rulers, who could announce a new government as early as Thursday."

Mitch: Get Over It, People. Alex Rogers & Ali Zaslav of CNN: "Senate Republican Leader Mitch McConnell said Wednesday that 'there isn't going to be an impeachment' of President Joe Biden over the withdrawal of US troops from Afghanistan, noting that Democrats control the House and Senate. 'I think the way these behaviors get adjusted in this country is at the ballot box,' said McConnell at an event in Pikeville, Kentucky. 'The President is not going to be removed from office with a Democratic House and a narrowly Democratic Senate. That's not going to happen.'... Some Republicans, including Tennessee Sen. Marsha Blackburn and South Carolina Sen. Lindsey Graham, have since said that the President should resign or face impeachment."

From the IOKIYAR Department Files. Reid Epstein & Catie Edmondson of the New York Times: "Early last year, Representative Kevin McCarthy of California, the House minority leader, praised ... Donald J. Trump's deal to pull American troops out of Afghanistan as 'a positive step.' As secretary of state, Mike Pompeo helped negotiate that agreement with the Taliban. Senator Josh Hawley of Missouri pressed last November for a withdrawal as soon as possible. Now, the three are among dozens of prominent Republicans who, with President Biden seeing the pullout through, have sharply reversed themselves -- assailing Mr. Biden even as he keeps a promise that Mr. Trump had made, and carries out a policy to which they had given their full-throated support. The collective U-turn reflects Republicans' eagerness to attack Mr. Biden and ensure that he pays a political price for the way he ended the war. With Mr. Trump reversing himself as the withdrawal grew chaotic and, in its endgame, deadly, it also offers new evidence of how allegiance to the former president has come to override compunctions about policy flip-flops or political hypocrisy." ~~~

     ~~~ Marie: The implication that in recent memory Republicans have had any “compunctions about political hypocrisy” is ludicrous. Hypocrisy is central to their “political philosophy,” such as it is.

Greg Sargent of the Washington Post: "We're now beginning to see just how ugly a House GOP takeover would be for the country. What is unmistakable is that a Republican House would be singularly devoted to using its power to avenge Donald Trump's 2020 loss -- and to whitewashing his efforts to overturn it in every way possible. Case in point: House Minority Leader Kevin McCarthy (R-Calif.) has now openly threatened to use a GOP-controlled House to punish private companies that comply with lawful subpoenas issued by the House select committee examining the Jan. 6 insurrection.... [He made] an explicit threat to use the 'Republican majority' -- his words -- to punish compliance with congressional subpoenas that serve an investigation into an effort to overturn U.S. democracy through mob intimidation and violence.... One option for Democrats would be to refer McCarthy's threat to the House Ethics Committee, [ethicist Norm] Eisen says, under a House rule against bringing discredit on the House. That could result in punitive action, such as censure or a fine." The Ethics Committee's investigation could lead to a criminal referral to the DOJ. "'I see it as clear obstruction of justice,' Rep. Eric Swalwell (D-Calif.) told me." (Also linked yesterday afternoon.)

Zak Hudak of CBS News: "One of the two Republicans who sit on the House select committee investigating the deadly January 6 attack on the Capitol said a GOP colleague is 'using language that seems intended to incite violence.' 'I think every member ought to condemn that, and I'd like to see Leader McCarthy very clearly condemn it and explain how dangerous that is,' Wyoming Republican Congresswoman Liz Cheney told CBS News. She was talking about freshman GOP Congressman Madison Cawthorn's remarks last weekend while in his home state of North Carolina, he said that there would be 'bloodshed' if elections continue to be 'rigged' and even suggested he, too, might join the fight." (Also linked yesterday afternoon.) ~~~

     ~~~ Marie: Looks like Cheney is doing reporters' work for them. Yesterday I linked to a Vice story about Cawthorn's remarks. According to the Vice report, "When asked about Cawthorn's comments about busting out prisoners, [Cawthorn spokesman Luke] Ball said his boss 'wants due process for the prisoners and does not believe that is what they are currently receiving. He was not advocating for any form of illegal action, only that they receive full due process.'..." Patrick, in Tuesday's Comments, responded, in part, "GOP person A says something provocatively criminal-ish, and when asked about it his/her bobblehead talker explains it was all OK because it was not intended to be illegal, defamatory, whatever.... We need to get reporters who take the next step and challenge that type of answer, develop the fact that it is evasive and deceitful, and continue to write the story that Rep X advocates political violence despite disclaimers." I agree with Patrick. These spokesmen's after-remarks are not mere clean-up of a garbled message; they're a kind of disingenuous both-siderism, as in both sides of one mouth. The principal says something outrageous, and the spokesperson denies he meant anything outrageous.

The court's order is stunning. Presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of justices have opted to bury their heads in the sand. -- Justice Sonia Sotomayor, joined by Justices Stephen G. Breyer and Elena Kagan, in a dissent on the Texas abortion law opinion separate from CJ John Roberts' ~~~

Thanks to Forrest M. for the image.~~~ ** Adam Liptak, et al., of the New York Times: "The Supreme Court on Wednesday refused to block a Texas law prohibiting most abortions after about six weeks of pregnancy. The move, a response to an emergency application from abortion providers in the state, came less than a day after the law became effective, severely restricting access to the procedure. The vote was 5 to 4, with Chief Justice John G. Roberts Jr. joining the court's three liberal members in dissent. The majority opinion was brief and unsigned, and it said the providers had not made out their case.... In reaching this conclusion,' the opinion said, 'we stress that we do not purport to resolve definitively any jurisdictional or substantive claim in the applicants' lawsuit. In particular, this order is not based on any conclusion about the constitutionality of Texas' law, and in no way limits other procedurally proper challenges to the Texas law, including in Texas state courts.' In dissent, Chief Justice Roberts wrote that he would have blocked the law while appeals moved forward." ~~~

~~~ Caroline Kitchener, et al., of the Washington Post: "A Texas law that bans most abortions after six weeks of pregnancy took effect Wednesday, as a midnight deadline for the Supreme Court to stop it came and went without action.... For now, abortion providers in Texas, including Planned Parenthood and Whole Woman's Health, said they will no longer terminate pregnancies more than six weeks from a woman's last period.... The Texas law ... was designed to make it more difficult for abortion rights advocates to win ... pre-enforcement injunctions. The statute empowers individuals, instead of state government officials, to bring legal action in civil court against those who help women seeking a prohibited abortion.... A [federal] District Court judge in Austin said the case could proceed and scheduled a hearing for Monday to consider whether to block the law. But the Texas-based U.S. Court of Appeals for the 5th Circuit called off the hearing. That action led to the emergency petition to the Supreme Court requesting a stay of the law[, but the Supreme Court failed to grant the request].... In a tweet on Wednesday, House Speaker Nancy Pelosi the Supreme Court's 'failure to block #SB8 has delivered catastrophe to women in Texas. This radical law is an all-out effort to erase the rights and protections of Roe v. Wade.'" (Also linked yesterday afternoon.) ~~~

     ~~~ Marie: As I understand it, under the Texas law, a Texan could successfully sue me for $10K, as I am a contributor to Planned Parenthood (although I haven't contributed since this morning, when the law went into effect). Maybe it's a good thing I also contribute to the ACLU. ~~~

     ~~~ Donna Cassata of the Washington Post: "President Biden called a Texas law prohibiting most abortions after six weeks of pregnancy a blatant violation of a woman's constitutional right to abortion established under the landmark 1973 Roe v. Wade Supreme Court ruling. In a statement Wednesday, the president said his administration is committed to Roe v. Wade and will 'protect and defend that right.'" President Biden's full statement, via the White House, is here. (Also linked yesterday afternoon.) ~~~

     ~~~ Michelle Goldberg of the New York Times: "Texas fashioned an abortion prohibition whose bizarre, crowdsourced enforcement mechanism gave conservative courts a pretext not to enjoin it despite its conflict with Roe. And the Supreme Court has made Roe momentarily useless without sparking the nationwide convulsion that would have come from overturning it outright. The Texas law, known as Senate Bill 8, is now likely to be copied by conservative states across the country.... Perhaps the most shocking thing about S.B. 8 is the power it gives abortion opponents -- or simple opportunists -- over their fellow citizens.... Over the last several years, Republicans have taken a number of steps to legalize various forms of right-wing intimidation.... The Texas law ... deputizes abortion opponents to harass their enemies. Texas Right to Life has already launched a 'whistle-blower' website where people can submit anonymous tips.... Even if S.B. 8 is eventually knocked down, it's already sent a message about who the Republican Party intends to put in charge of the rest of us." ~~~

     ~~~ Marie: I suspect there are already some entrepreneurial Texans who already are going around that whistleblower website and combing the Web for individuals whom they can sue for aiding & abetting Texas abortion providers. BTW, Frank Rich's (firewalled) New York post, which I linked a few days ago, the Texas anti-abortion law fits right into his thesis about "America's Greatest Existential Threat." It isn't news; swamp creatures have been crawling out of the mud since before the so-called "United" States was founded, but now they seem to have taken over an increasingly growing and influential portion of the nation, from the former fake president* to Congressional Republicans to the majority of the Supreme Court. And along those lines ... ~~~

     ~~~ ** Dana Milbank of the Washington Post: "Texas this week showed us what a post-democracy America would look like. Thanks to a series of actions by the Texas legislature and governor, we now see exactly what the Trumpified Republican Party wants: to take us to an America where women cannot get abortions, even in cases of rape and incest; an America where almost everybody can openly carry a gun in public, without license, without permit, without safety training and without fingerprinting; and an America where law-abiding Black and Latino citizens are disproportionately denied the right to vote. This is where Texas and other red states are going, or have already gone. It is where the rest of America will go, unless those targeted by these new laws -- women, people of color and all small 'd' democrats -- rise up.... Texans overwhelmingly object to permitless carry.... Texans also oppose banning all abortions if Roe is overturned.... Furthermore, pluralities of Texans opposed the ban on drive-through voting and restrictions on early voting hours.... Texas legislators aren't answering to the people but rather to the White, male voters that put the Republicans in power."

Michael Balsamo, et al., of the AP: "Far right extremist groups like the Proud Boys and Oath Keepers are planning to attend a rally later this month at the U.S. Capitol that is designed to demand 'justice' for the hundreds of people who have been charged in connection with January's insurrection, according to three people familiar with intelligence gathered by federal officials. As a result, U.S. Capitol Police have been discussing in recent weeks whether the large perimeter fence that was erected outside the Capitol after January's riot will need to be put back up, the people said. The officials have been discussing security plans that involve reconstructing the fence as well as another plan that does not involve a fence, the people said." ~~~

     ~~~ Marie: This is why you would expect members of Congress, like, say, Rep. Madison Cawthorn (R-N.C.). to speak out against the January 6 insurrectionists instead of calling them "political hostages," talking about "trying to 'bust' out those jailed for crimes related to the insurrection, repeatedly referring to them as political prisoners," and predicting "'bloodshed' over his false claims of election-rigging." AND apparently our young Congressman has been caught in a reflective (or reflexive) moment:

     ~~~ Cristina Marcos of the Hill: "Rep. Madison Cawthorn (R-N.C.) said Wednesday that he is introducing a resolution to broadly condemn political violence after he faced backlash earlier in the week for warning of potential 'bloodshed' if elections 'continue to be rigged' while describing the people jailed after allegedly attacking the Capitol on Jan. 6 as 'political hostages.'... Speaker Nancy Pelosi's (D-Calif.) office accused Cawthorn of 'calling for another January 6th-style attack' in a statement on Tuesday.... House Minority Leader Kevin McCarthy (R-Calif.), meanwhile, has yet to address the remarks. Cawthorn called on Pelosi to co-sponsor his resolution and claimed his words were taken out of context by a 'left-wing media hit job.'" MB: Oh, I think we get the context. ~~~

~~~ AND There's This. Geneva Sands of CNN: "As the United States-backed government in Afghanistan fell to the Taliban and US troops raced to leave the country, White supremacist and anti-government extremists have expressed admiration for what the Taliban accomplished, a worrying development for US officials who have been grappling with the threat of domestic violent extremism. That praise has also been coupled with a wave of anti-refugee sentiment from far-right groups.... Several concerning trends have emerged in recent weeks on online platforms commonly used by anti-government, White supremacist and other domestic violent extremist groups, including 'framing the activities of the Taliban as a success,' and a model for those who believe in the need for a civil war in the US, the head of the Department of Homeland Security's Office of Intelligence and Analysis, John Cohen, said on a call Friday with local and state law enforcement, obtained by CNN."

As the Worms Turn. David Fahrenthold & Shayna Jacobs of the Washington Post: "The Trump Organization's director of security has agreed to testify before a Manhattan grand jury investigating the former president and his company, according to a person familiar with the case. Matthew Calamari Jr., 28, received a subpoena to testify on Tuesday from Manhattan District Attorney Cyrus R. Vance Jr. (D) and will appear before the grand jury Thursday afternoon, according to the person. Calamari Jr. is the son of Matthew Calamari Sr., who now serves as the Trump Organization's chief operating officer and has worked for former president Donald Trump as a bodyguard, security man and executive for more than 30 years..... The planned grand jury testimony of Calamari Jr. was first reported by the Wall Street Journal, which also reported that another Trump executive, controller Jeffrey McConney, will testify Thursday, as well." CNN's story is here.

Colin Kalmbacher of Law & Crime: "A federal court in Florida has dismissed a defamation lawsuit filed against Twitter by the Delaware computer repairman who briefly captured national attention during the Hunter Biden laptop story. The lawsuit was dismissed with prejudice, meaning it cannot be filed again, and the plaintiff was ordered to pay Twitter's attorneys' fees. John Paul Mac Isaac sued the technology giant (and a wholly-owned subsidiary) in February. He argued that Twitter's decision to lock The New York Post's account while Post staffers 'attempted to post and disseminate its exposé [about the lurid contents of the laptop] on the social media platform' was akin to calling him a hacker because Twitter cited its rationale for the time-limited ban as a violation of Twitter's rules against 'distribution of hacked material.'"

Jan Hoffman of the New York Times: "Purdue Pharma, the maker of the highly addictive painkiller OxyContin, was dissolved on Wednesday in a wide-ranging bankruptcy settlement that will require the company's owners, members of the Sackler family, to turn over billions of dollars of their fortune to address the deadly opioid epidemic. But the agreement includes a much-disputed condition: It largely absolves the Sacklers of Purdue's opioid-related liability. And as such, they will remain among the richest families in the country. Judge Robert Drain of the U.S. Bankruptcy Court in White Plains, N.Y., approved the settlement, saying he wanted modest adjustments. The painstakingly negotiated plan will end thousands of lawsuits brought by state and local governments, tribes, hospitals and individuals to address a public health crisis that led to the deaths of more than 500,000 people nationwide. The settlement terms have been harshly criticized for shielding the Sacklers. They are receiving protections that are typically given to companies that emerge from bankruptcy, but not necessarily to owners who, like the Sacklers, do not themselves file for bankruptcy." NPR's story is here.

Charlie Savage & Adam Goldman of the New York Times: "The special counsel who investigated Russia's 2016 election interference, Robert S. Mueller III, scrutinized 'a member of the news media suspected of participating in the conspiracy' to hack Democrats and make their emails public, the Justice Department disclosed on Wednesday.... No member of the news media was charged with conspiring in the hack-and-dump operation, and the disclosure on Wednesday left many questions unanswered.... The disclosure of the scrutiny of a member of the news media was contained in a revision to a report issued by the Trump administration about investigative activities that affected or involved the news media in 2018. The Trump-era version of that report had omitted the episode. The Justice Department under President Biden also issued reports on Wednesday covering such investigative activities in 2019, which the Trump-era department failed to issue, and in 2020. And it provided new details about leak investigations at the end of the Trump administration that sought records for reporters with CNN, The Washington Post and The New York Times." ~~~

~~~ Matt Zapotosky & Devlin Barrett of the Washington Post: "The Biden Justice Department on Wednesday released a more detailed accounting of recently revealed federal law enforcement efforts to secretly obtain journalists' phone records, attempting to honor a public commitment to transparency and disclosing for the first time that Attorney General Merrick Garland personally approved keeping one case under wraps. Among the records released Wednesday were chronologies of the department's efforts to obtain records from New York Times, CNN and Washington Post reporters to advance leak investigations -- all of which the department said began in the Trump administration with the approval of then-Attorney General William P. Barr.... In all three cases, the department had pursued reporters' records as a means of trying to identify the sources of stories written in the first year of Trump's presidency; the reporters themselves were not targets of investigation."

From the New York Times' live storm updates: Don't Jack with Shaq. "An arrest warrant was issued on Tuesday for a man who angrily confronted an NBC News reporter [Shaquille Brewster] live on TV while covering Hurricane Ida in Gulfport, Miss., screaming, 'Report accurately!' in his face. The man, Benjamin Eugene Dagley, 54, of Wooster, Ohio, will be charged with two counts of simple assault, one count of disturbing the peace and one count of violating an emergency curfew, the Gulfport Police Department said. Mr. Dagley, who is on probation for an incident in Ohio involving a break-in at a metal plating shop, may also be in violation of travel restrictions that are part of his probation, the police said.... It was unclear why Mr. Dagley had been in Gulfport -- about 1,000 miles from his home -- a day after a major hurricane hit the area." MB: Apparently Ben did not go a thousand miles for one of Shaq's smiles. (Also linked yesterday afternoon.)

The Pandemic, Ctd.

The New York Times' live updates of Covid-19 developments Thursday are here.

The New York Times' live updates of Covid-19 developments Wednesday are here: "Unvaccinated people should avoid traveling during the Labor Day holiday, the director of the Centers for Disease Control and Prevention said.... Dr. Rochelle P. Walensky, the director of the C.D.C., identified vaccination and masking as key factors in preventing the spread of the virus.... Dr. Walensky said that gatherings -- among vaccinated relatives and friends -- should take place outdoors. And everyone, including those who are vaccinated, should wear masks in public indoor settings." MB: Dr. Walensky is just one of those left-coast elite control freaks who is trying to take away my freedom to snort horse dewormer. (Also linked yesterday afternoon.)

Joe & the Covid. Alyssa Lukpat of the New York Times: "Joe Rogan, the host of the hugely popular podcast 'The Joe Rogan Experience,' said on Wednesday that he had tested positive for the coronavirus after he returned from a series of shows in Florida, where the virus is rampant. Mr. Rogan, who was rebuked by federal officials last spring for suggesting on the podcast that young healthy people need not get Covid vaccinations, said that he started feeling sick on Saturday night after he returned from performing in Orlando, Tampa and Fort Lauderdale. He did not say whether he had been vaccinated.... In his video on Wednesday, Mr. Rogan said he had been treated with a series of medications. The list of treatments he mentioned included monoclonal antibodies, which have been shown to protect Covid patients at risk of becoming gravely ill; and prednisone, a steroid widely accepted as a Covid treatment.... Mr. Rogan also said he had received a 'vitamin drip' as well as ivermectin, a drug primarily used as a veterinary deworming agent." MB: So Covid, yes; but worms, probably not. ~~~

     ~~~ The Guardian's story is here: "Rogan, described by the New York Times as 'one of the most consumed media products on the planet', has legions of devoted followers. Some episodes of The Joe Rogan Experience have boasted tens of millions of downloads, and his recommendations for everything from supplements to shaving supplies can be a godsend for companies. That's why his apparent endorsement of a medicine totally unproven as an effective treatment for Covid-19 is concerning."

Beyond the Beltway

Louisiana. Ramon Vargas of the Times-Picayune: "A crew of Jefferson Parish workers was repairing a Metairie water main broken by Hurricane Ida when a woman pulled up in her car Wednesday, called them 'f----ng n----rs' and demanded that they be arrested. The workers then flagged down sheriff's deputies and reported her harassment, at which point the woman twice struck one officer with her car before another deputy shot her to death, said Sheriff Joe Lopinto and an eyewitness who recorded a series of videos of the beginning of the woman's meltdown."

Texas. See links to stories & opinions about Texas under the main section of entries above.

Way Beyond

Aina Khan of the New York Times: "The British TV personality Piers Morgan was cleared on Wednesday by Britain's communications regulator over critical comments he made on air about Meghan, the Duchess of Sussex, after her bombshell interview with Oprah Winfrey. Mr. Morgan had been under investigation by Ofcom, the media regulator, which received a record number of complaints in March after he criticized Meghan on air and said he did not believe her accounts of being poorly treated by the royal establishment." But he isn't likely to get back his old job as host of ITV's "Good Morning, Britain." MB: Morgan is a twit, and I hate to be on his side, but anybody ought to be able to question the veracity of a royal or other public figure. (Also linked yesterday afternoon.)

News Ledes

New York Times: "Three days after Hurricane Ida made landfall in Louisiana, its weakened remnants tore into the Northeast and claimed at least 43 lives across New York, New Jersey and two other states in an onslaught that ended Thursday and served as an ominous sign of climate change's capacity to wreak new kinds of havoc. The last storm this deadly in the region, Sandy in 2012, did its damage mostly through tidal surges. But most of this storm's toll -- both in human life and property damage -- reflected the extent to which the sheer volume of rain simply overwhelmed the infrastructure of a region built for a different meteorological era. Officials warned that the unthinkable was quickly becoming the norm."

New York Times: "Cramped basement apartments have long been a prevalent piece of New York City's vast housing stock, a shadowy network of illegal rentals that often lack basic safety features like more than one way to get out, and that yet are a vital source of shelter for many immigrants.... But after Wednesday's record-shattering rainfall, the underground units turned into tormented scenes of life and death: Of the 13 people killed so far in New York City in Wednesday's storm, at least 11 were in basement units, nearly as many dead as in Louisiana, where Hurricane Ida made landfall earlier this week.... Climate change has now made these low-lying homes increasingly treacherous for a different reason: the likelihood of deadly flooding, when a wall of water blocks what is often the only means of escape."

Weather Channel: "It was a night of dual disasters as heavy rain inundated the New York City metro area and tornadoes tore across the Philadelphia suburbs Wednesday evening. The weather was spawned by the remnants of what once was Hurricane Ida. The tornadoes trapped people in their homes, damaged trees, knocked down trees and power lines and left tens of thousands of homes and businesses without power. Homes were flooded and water rescues were ongoing in New York, New Jersey, eastern Pennsylvania, western New Jersey and Maryland." ~~~

~~~ The New York Times is live-updating developments related to damage caused in the Northeast by the remnants of Hurricane Ida: "The New York City area was under a state of emergency early Thursday after the remnants of Hurricane Ida barreled into the region with furious, wind-driven rain that led to at least eight deaths and all but halted subway service, destroyed homes in New Jersey and resulted in a tornado warning for the Bronx. The rain on Wednesday night -- 3.1 inches in Central Park in an hour -- shattered a record set only last week, when 1.94 inches of rain fell in the park during Tropical Storm Henri. The National Weather Service issued a flash flood emergency in New York City for the first time." New York City Mayor Bill De Blasio & New Jersey Gov. Phil Murphy declares states of emergencies & urged non-emergency vehicles to stay off the roads. The MTA rail & subway systems services were suspended as was all New Jersey rail transit. Newark airport suspended flights.