My daily chronicle of news about the Trump administration (20 January 2017 – 20 January 2021), Republicans, Democrats, corporations, courts, resistance, and persistence continues to wind down. I am still posting important articles, especially ones that reflect the differences between the Biden administration and the Trump administration and ones that address the toxic legacy of the Trump administration and Republicans. I hope to devote more of my time to posting muckraking articles on my site and to working with my local activist group in pursuit of progressive change and a stronger democracy. Thanks for reading!
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Wednesday, 1 December 2021:
Supreme Court Appears Open to Upholding Mississippi Abortion Restriction. After two hours of sometimes tense exchanges in one of the most significant abortion cases in years, the court appeared poised to uphold the state law, which bans abortions after 15 weeks of pregnancy. The New York Times, Adam Liptak, Wednesday, 1 December 2021: “The Supreme Court seemed poised on Wednesday to uphold a Mississippi law that bans abortions after 15 weeks of pregnancy, based on sometimes tense and heated questioning at a momentous argument in the most important abortion case in decades. Such a ruling would be flatly at odds with what the court has said was the central holding of Roe v. Wade, the 1973 decision that established a constitutional right to abortion and prohibited states from banning the procedure before fetal viability, or around 23 weeks. But the court’s six-member conservative majority seemed divided about whether to stop at 15 weeks, for now at least, or whether to overrule Roe entirely, allowing states to ban abortions at any time or entirely…. Assuming the three most conservative members of the court — Justices Alito, Clarence Thomas and Neil M. Gorsuch — are prepared to overrule Roe entirely, Chief Justice Roberts would need to attract at least two votes for a narrower opinion, one upholding the Mississippi law but not overruling Roe in so many words, to be controlling. But the most likely candidates, Justices Brett M. Kavanaugh and Amy Coney Barrett, said little to suggest that they were inclined toward that narrower approach. The court’s three liberal members — Justices Stephen G. Breyer, Elena Kagan and Sonia Sotomayor — were adamant that Roe should stand. Should Roe be overturned, at least 20 states will immediately or in short order make almost all abortions unlawful, forcing women who can afford it to travel long distances to obtain the procedure. Chief Justice Roberts expressed frustration with Mississippi’s litigation strategy. In the state’s petition seeking Supreme Court review, officials told the justices that ‘the questions presented in this petition do not require the court to overturn Roe or Casey,’ though lawyers for the state did raise the possibility in a footnote. Once the court agreed to hear the case, the state shifted its emphasis and began a sustained assault on those precedents. That amounted to a bait-and-switch, Chief Justice Roberts suggested. The more liberal justices pressed Scott G. Stewart, Mississippi’s solicitor general, on the dangers of overruling a longstanding precedent after changes in the membership of the court…. Justice Sotomayor asked whether the court would ‘survive the stench’ of being considered a political institution, a point echoed by Justice Kagan.” See also, Supreme Court signals willingness to uphold abortion limits in Mississippi case. The Mississippi law bans most abortions after 15 weeks of pregnancy, allowing them only in medical emergencies or cases of severe fetal abnormality. NBC News, Pete Williams and Teaganne Finn, Wednesday, 1 December 2021: “The Supreme Court appeared prepared Wednesday to uphold a Mississippi law that would ban almost all abortions after 15 weeks of pregnancy, which would be a dramatic break from 50 years of rulings. The justices heard 90 minutes of oral arguments in the most direct challenge to Roe v. Wade in nearly three decades. A majority of the court’s conservative justices suggested they were prepared to discard the court’s previous standard that prevented states from banning abortion before a fetus becomes viable, which is generally considered to be at about 24 weeks into a pregnancy. It was unclear after Wednesday’s argument whether the court would take the additional step of explicitly overturning its abortion precedents, including Roe v. Wade. The three more liberal justices warned that the court would appear to be a political body if it tossed out abortion rulings that the country has relied on for decades. ‘It is particularly important to show that what we do in overturning a case is grounded in principle and not social pressure,’ Justice Stephen Breyer warned. Justice Sonia Sotomayor asked, ‘Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts? I don’t see how it’s possible.’ And Justice Elena Kagan said the court must not act in a way that would cause people to think it is ‘a political institution that will go back and forth, depending on what part of the public yells the loudest or changes to the court’s membership.'” See also, Roe v. Wade’s future is in doubt after historic arguments at the Supreme Court, NPR, Nina Totenberg, Wednesday, 1 December 2021: “The right to an abortion in the United States appeared to be on shaky ground as a divided Supreme Court heard arguments Wednesday on the fate of Roe v. Wade, the court’s 1973 decision that legalized abortion in the United States. At issue in Wednesday’s case — Dobbs v. Jackson Women’s Health Organization — was a Mississippi law that bans abortion after 15 weeks of pregnancy. Until now, all the court’s abortion decisions have upheld Roe‘s central framework — that women have a constitutional right to an abortion in the first two trimesters of pregnancy when a fetus is unable to survive outside the womb, roughly 24 weeks. But Mississippi asked the Supreme Court to reverse all its prior abortion decisions and return the abortion question to the states. The court’s three newest justices — Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, all Trump appointees — appeared to signal they are ready to side with Mississippi — but it wasn’t immediately clear if all of them would strike down Roe, as the state of Mississippi has asked.” See also, Supreme Court seems inclined to uphold Mississippi abortion law that would undermine Roe v. Wade, The Washington Post, Robert Barnes, Wednesday, 1 December 2021: “The Supreme Court on Wednesday signaled it is on the verge of a major curtailment of abortion rights in the United States, and appeared likely to uphold a Mississippi law that violates one of the essential holdings of Roe v. Wade established nearly 50 years ago. Whether the court would eventually overrule Roe and its finding that women have a fundamental right to end their pregnancies was unclear. But none of the six conservatives who make up the court’s majority expressed support for maintaining its rule that states may not prohibit abortion before the point of fetal viability, which is generally estimated to be between 22 and 24 weeks of pregnancy. Chief Justice John G. Roberts Jr., often the most moderate of the conservatives, said Mississippi’s law prohibiting most abortions after 15 weeks was not a ‘dramatic departure’ from viability, and gave women enough time to make the choice to end their pregnancies. He added: ‘Why would 15 weeks be an inappropriate line?’ But the other conservatives did not express much interest in rewriting Roe, decided in 1973, or 1992’s affirming decision in Planned Parenthood v. Casey. Rather, they indicated they were open to simply getting rid of both. The court’s liberal justices said the institution’s reputation would be irreparably damaged if nearly a half-century of its abortion jurisprudence were dismantled because of a change in membership.” See also, Supreme Court’s conservatives lean toward limiting abortion rights after dramatic oral arguments on Mississippi law banning abortions after 15 weeks, CNN Politics, Ariane de Vogue, Wednesday, 1 December 2021: “The Supreme Court seemed poised Wednesday to uphold a Mississippi law that bars abortion after 15 weeks, but it is less clear if there is a clear majority to end the right to abortion nationwide, although conservative justices expressed skepticism about the landmark Roe v. Wade decision. The dispute represents the culmination of a decades-long effort on the part of critics of the landmark opinion that legalized abortion nationwide to return the issue to the states, a move that would almost immediately eviscerate abortion rights in large swaths of the South and the Midwest. Chief Justice John Roberts seemed to be looking for a middle ground to allow states to ban abortion earlier — moving up the viability line from the current 22 to 23 weeks — but leaving in place some remnants of a woman’s right to end a pregnancy. He said 15 weeks was not a ‘dramatic departure’ from viability.”
Trump tested positive for Covid a few days before Biden debate, chief of staff Mark Meadows says in new book. Meadows makes stunning admission in new memoir obtained by The Guardian, saying a second test returned negative. The Guardian, Martin Pengelly, Wednesday, 1 December 2021: “Donald Trump tested positive for Covid-19 three days before his first debate against Joe Biden, the former president’s fourth and last chief of staff has revealed in a new book. Mark Meadows also writes that though he knew each candidate was required ‘to test negative for the virus within seventy two hours of the start time … Nothing was going to stop [Trump] from going out there.’ Trump, Meadows says in the book, returned a negative result from a different test shortly after the positive. Nonetheless, the stunning revelation of an unreported positive test follows a year of speculation about whether Trump, then 74 years old, had the potentially deadly virus when he faced Biden, 77, in Cleveland on 29 September – and what danger that might have presented. Trump announced he had Covid on 2 October. The White House said he announced that result within an hour of receiving it. He went to hospital later that day. Meadows’ memoir, The Chief’s Chief, will be published next week by All Seasons Press, a conservative outlet. The Guardian obtained a copy on Tuesday – the day Meadows reversed course and said he would cooperate with the House committee investigating the deadly Capitol attack of 6 January. In a statement on Wednesday, Trump called Meadows’ claims ‘Fake News.'” See also, Three former aides say Trump tested positive for coronavirus before first debate with Biden, The Washington Post, Ashley Parker, Josh Dawsey, Annie Linskey, and Dan Diamond, Wednesday, 1 December 2021: “President Donald Trump tested positive for the coronavirus days before he shared the debate stage with then-Democratic presidential nominee Joe Biden in late September 2020, according to his former chief of staff and two others familiar with the former president’s test — a stunning revelation that illustrates the dismissive approach to the dangers posed by the virus in Trump’s inner circle. Trump’s positive test for the virus was Sept. 26, 2020, according to an account by former White House chief of staff Mark Meadows in a new book obtained by the Guardian newspaper. The Meadows account of the positive result was confirmed Wednesday by two former aides who requested anonymity to discuss their knowledge of the former president’s health. The timing means Trump would have had reason to believe he was infected with the coronavirus three days before the Sept. 29 presidential debate and six days before he was hospitalized for covid-19 at Walter Reed National Military Medical Center. The disclosure also provides new evidence of Trump’s often reckless and cavalier approach to his health and the health of those around him as he struggled through a chaotic response to the pandemic.” See also, Two Ex-Officials Say Trump Tested Positive for Coronavirus Days Before First Debate With Biden, The New York Times, Maggie Haberman, Wednesday, 1 December 2021: “President Donald J. Trump tested positive for coronavirus three days before his first debate with Joseph R. Biden Jr. in 2020, two former administration officials said Wednesday. The White House did not announce the positive test at the time, and the president received a negative result shortly afterward and carried on with a campaign rally and the debate, the officials said. The account was first reported by The Guardian, which cited a forthcoming book by Mr. Trump’s chief of staff, Mark Meadows…. The revelation came more than a year after widespread speculation that Mr. Trump was sick when he first shared a stage with Mr. Biden for their first presidential debate on Sept. 29, months into the pandemic.” See also, Former President Donald Trump showed ‘a flagrant lack of regard for public health’ and endangered White House staff by not disclosing a positive Covid-19 test he received last year, his former communications director Alyssa Farah Griffin said, CNN Politics, Devan Cole, Wednesday, 1 December 2021: “‘Full stop, this demonstrates a flagrant lack of regard for public health and for the well-being of others,’ Alyssa Farah Griffin, who served for a time as the director of strategic communications and assistant to the president in the Trump White House, told CNN’s Jake Tapper on ‘The Lead.’ She added: ‘At this time in the White House, I had staffers who were pregnant. I had one who is a multi-time cancer survivor. We had plenty of people in the West Wing who are over 65. We could have killed one of our colleagues and instead they decided to not tell anyone, putting every single one of us at risk.'”
Federal District Judge Amy Berman Jackson says people who spoke at the January 6 ‘Stop the Steal’ rally ‘stoked’ the crowd and should be held accountable, CNN Politics, Hannah Rabinowitz, Wednesday, 1 December 2021: “A federal judge suggested Wednesday that Donald Trump and others who spoke at the “Stop the Steal” rally on January 6 should be held accountable for the US Capitol riot that followed, saying the then-President ‘stoked’ the crowd and ‘might’ve inspired what happened.’ Though she did not refer to Trump by name, District Judge Amy Berman Jackson said during a sentencing for riot defendant Russell Peterson that the former President and other speakers at the Ellipse riled the crowd and ‘explicitly encouraged them to go to the Capitol and fight for one reason and one reason only — to make sure the certification of the election didn’t happen. There may be others who bear greater responsibility and should be held accountable,’ Jackson said to Peterson. ‘But this is not their day in court. It’s yours.’ Jackson joins the ranks of several federal judges in Washington who have sharply criticized Trump for his inflammatory speech at the January 6 rally, with one judge saying last month that rioters were ‘pawns’ provoked into action. While Jackson stopped short of laying full responsibility at the feet of those who spoke at the January 6 rally, she and other judges have lambasted Trump and even suggested he may face legal consequences. Jackson has handled many politically significant court cases from the Trump era and its aftermath, and she’s known for her sharp criticism of his administration. She handles a number of the more than 670 Capitol riot cases, and has repeatedly disavowed attempts to frame rioters as political prisoners and called attention to what she considers dangerous lies about the 2020 election. Jackson also said Peterson should be held accountable, noting that he is an adult and responsible for his own actions on January 6. ‘You did receive a lot of overwhelming inaccurate information on social media,’ Jackson said to Peterson, ‘but you had a choice to reject the lies and not to join the antidemocratic call for martial law.'”
Continue reading Aftermath of the Trump Administration, December 2021: