You’ve seen the kind of stunning, kind of not stunning news that President Donald Trump has endorsed Ken Paxton for the GOP Senate primary runoff in Texas. Two months ago, Trump was on the cusp of endorsing Sen. John Cornyn, apparently already had the statement written out. Paxton rolled Trump and rolled him hard. The most obvious explanation for this is that the polling is showing that Cornyn is going to lose and Trump absolutely never wants to back a loser. It may be that. But I see something a little different. Trump has been taking out a lot of not-100% MAGA members of Congress. Louisiana Sen. Bill Cassidy is the latest example of that. There were those state senate holdouts in Indiana. It’s happened again and again. On that front, he feels like he’s on a roll. But it’s not just that either.
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The more I speak with people both in the political world and in what I’ve called the legal academic-judicial nexus, the more I see just what a sea change is underway about Court reform. It’s come in successive waves: Dobbs, the immunity decision, Callais. There are various models of reform. But I don’t know anyone who has seriously considered the matter who thinks that you can have serious reform without expanding the Court. In these conversations, a few people have raised the question: what if the Court rules that a Court expansion law is itself unconstitutional? To put it slightly differently, what if the Court decides that the limits on its authority the Constitution creates, the paths for accountability it creates, are themselves unconstitutional.
This is question that is once absurd but also in a certain specific way important to prepare for.
Sen. Bill Cassidy (R-LA) was defeated in a three-way primary against two Trump-aligned challengers tonight. Emine Yücel has our story.
Rep. Julie Letlow (R-LA), endorsed by Trump, and Louisiana’s state treasurer, former congressman John Fleming, will proceed to a runoff next month. Cassidy, with about 25 percent of the vote, will not.
A couple days ago I found myself in a brief online (social media) argument with a Court-reformer member of the legal academy insisting that, contrary to my claims, it’s totally false that there are no reformers in the academy. Of course I never said there were no reformers in the academy. What I said, what I think is undeniable, is that the legal academy as a group or a community, and especially its most powerful voices, have been deep in the SCOTUS-reverencing camp. And for more clarity here we’re talking really about the liberal + mainstream academic legal community. It goes without saying that this applies, on a contingent basis certainly, to the conservative legal movement which not only participates in the corruption of the Roberts Court but is in effect its deep root structure, from which the Roberts Court is simply the degenerate, swaggering oak dominating the canopy and blocking out the sun which civic democracy needs to flourish.
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In 2020, Georgia stood out: a red state in which top officials bucked President Trump’s demand to overturn his election loss. Tuesday’s GOP primaries suggested Georgia’s relative independence from Trump’s reactionary movement may be coming to an end.