Amy Coney Barrett, whom President Trump has nominated to replace Ruth Bader Ginsburg on the Supreme Court, was born in 1972, so she can expect to spend several decades shaping both American law and American life. As it happens, a year before Barrett’s birth, Lewis F. Powell, Jr., then a prominent lawyer in Richmond, Virginia, and later a Supreme Court Justice himself, wrote a now famous memorandum to the United States Chamber of Commerce, arguing that businesses needed to take a more aggressive hand in shaping public policy. “The American economic system is under broad attack,” he wrote, from, specifically, the consumer, environmental, and labor movements. He added that “the campus is the single most dynamic source” of that attack. To counter it, Powell suggested that business interests should make a major financial commitment to shaping universities, so that the “bright young men” of tomorrow would hear messages of support for the free-enterprise system. A little less than a decade later, a pair of law professors named Robert Bork and Antonin Scalia signed on as the first faculty advisers to a fledgling organization for conservative law students called the Federalist Society for Law and Public Policy Studies. The efforts of the Federalist Society were lavishly funded by the business interests invoked by Powell, and it has trained a generation or two of future leaders. Not all of them have been “bright young men.” Some are women, including Barrett, and her confirmation would vindicate Powell’s plan and transform the Supreme Court.
Barrett made an appealing first impression in 2017, during her confirmation hearings to the federal bench. She and her husband are the parents of seven children. For many years, she was a popular professor at Notre Dame Law School, which she also attended and from which she graduated summa cum laude. She clerked on the Supreme Court for Justice Scalia. As a judge on the Seventh Circuit, she has been a reliable conservative voice. Even liberal peers in the academy find her personable. She will probably do well in providing the artful non-answers that are the currency of Supreme Court confirmation hearings before the Senate Judiciary Committee, just as she did in 2017.
But there should be no doubt about why Barrett has been chosen. Much of the commentary about her selection will focus on the issue of abortion, and her likely role in overturning Roe v. Wade. During the 2016 campaign, Trump repeatedly promised to appoint Justices who would vote to overrule that landmark, and with his three selections, including Neil Gorsuch and Brett Kavanaugh, he appears to have delivered. Barrett is not only a member of a conservative organization within the Catholic Church; her legal writings, and the views of some who know her, suggest that she would overturn Roe.
Still, it’s worth remembering the real priorities of Trump and Mitch McConnell, the Senate Majority Leader, in this nomination. They’re happy to accommodate the anti-abortion base of the Republican Party, but an animating passion of McConnell’s career has been the deregulation of political campaigns. The Supreme Court’s Citizens United decision brought the issue to wide public attention, but McConnell has been crusading about it for decades. He wants the money spigot kept open, so that he can protect his Senate majority and the causes for which it stands. This, too, is why the Federalist Society has been so lavishly funded over the years, and why it has expanded from a mere campus organization into a national behemoth for lawyers and students. Under Republican Presidents, Federalist Society events have come to operate as auditions for judicial appointments. The corporate interests funding the growth of the Federalist Society probably weren’t especially interested in abortion, but they were almost certainly committed to crippling the regulatory state.
Barrett is a product of this movement, and not just because she clerked for Scalia. Her writings and early rulings reflect it. Her financial-disclosure form shows that, in recent years, she has received about seven thousand dollars in honoraria from the Federalist Society and went on ten trips funded by it. But it’s not as if Barrett was bought; she was already sold. The judge has described herself as a “textualist” and an “originalist”—the same words of legal jargon that were associated with Scalia. (She believes in relying on the specific meaning of the words in statutes, not on legislators’ intent. She interprets the Constitution according to her belief in what the words meant when the document was ratified, not what the words mean now.) But these words are abstractions. In the real world, they operate as an agenda to crush labor unions, curtail environmental regulation, constrain the voting rights of minorities, limit government support for health care, and free the wealthy to buy political influence.
It should go without saying that the nomination and the expected confirmation of Barrett in the final days before a Presidential election represent a paramount act of hypocrisy for McConnell and the other Republicans who denied even a hearing to Merrick Garland, President Barack Obama’s choice for the Supreme Court, in 2016. But the fact that these Republicans are willing to risk that charge shows how important the Supreme Court is to them. Far more than a senator, a Supreme Court Justice can deliver on the agenda. The war on abortion is just the start.
American Prospect Executive Editor David Dayen looks at Rep. Nancy Pelosi’s legislative past and how that influences her response to the pandemic.
We are trapped in an abusive relationship. When we finally have enough, our abuser comes after us with flowers and apologies, promising never to do it again.
Police take the knee. NASCAR and the U.S. Marine Corps ban the display of the Confederate flag. Nancy Pelosi uses a kente scarf as a political prop. Joe Biden, one of the driving forces behind militarized police, the massive expansion of mass incarceration and the doubling and tripling of sentences, speaks at George Floyd’s funeral. The National Football League apologizes for its insensitivity to racism, although no teams appear to be negotiating with Colin Kaepernick.
The mayor of Washington D.C., Muriel Bower, had the words “Black Lives Matter” painted in 35-foot-tall letters on a street near the White House but has also proposed a $45 million increase in the police budget and the construction of a $500 million new jail. The press, which does not confront corporate power and rarely covers the poor, rendering them and their communities invisible, engages in circular firing squads, sacking or admonishing editors and journalists for racially insensitive thoughtcrimes, to advertise its commitment to people of color.
“The public displays of solidarity are, as in the past, smoke and mirrors, a pantomime of faux anguish and empathy by bankrupt ruling elites.”
Once again, we see proposed legislation to mandate police reform—more body cameras, consent decrees, revised use-of-force policies, banning chokeholds, civilian review boards, requiring officers to intervene when they see misconduct, banning no-knock search warrants, more training in de-escalation tactics, a requirement by law enforcement agencies to report use-of-force data, nationally enforced standards for police training and greater diversity—proposals made, and in several cases adopted in the wake of numerous other police murders, including those of Eric Garner, Michael Brown and Philando Castile. The Minneapolis Police Department, for example, established a duty to intervene requirement by police officers after the 2014 killing of Brown in Ferguson. This requirement did not save Floyd.
Police unions, often little more than white hate groups, continue to have the unassailable power to brush aside would-be reformers, including community review boards, mayors and police chiefs. These unions generously bankroll the campaigns of elected officials, including public prosecutors, who do their bidding. Police unions and associations have contributed $7 million to candidates running for office in New York state alone, including $600,000 to Andrew Cuomo during his gubernatorial campaigns.
It is, as Yogi Berra said, “déjà vu all over again.”
The public displays of solidarity are, as in the past, smoke and mirrors, a pantomime of faux anguish and empathy by bankrupt ruling elites, including most Black politicians groomed by the Democratic Party and out of touch with the daily humiliation, stress of economic misery and suffering that defines the lives of many of the protesters.
These elites have no intention of instituting anything more than cosmetic change. They refuse to ask the questions that matter because they do not want to hear the answers. They are systems managers. They use these symbolic gestures to gaslight the public and leave our failed democracy, from which they and their corporate benefactors benefit, untouched. What we are watching in this outpouring of televised solidarity with the victims of police violence is an example of what Bertram Gross calls “friendly fascism,” the “nice-guy mask” used to disguise the despotism of the ultra-rich and our corporate overseers. Whatever you think about Donald Trump, he is at least open about his racism, lust for state violence and commitment to white supremacy.
“The problem is an economic and political system that has by design created a nation of serfs and obscenely rich masters.”
The crisis we face is not, as the ruling elites want us to believe, limited to police violence. It is a class and generational revolt. It will not be solved with new police reforms, which always result, as Princeton professor Naomi Murakawa points out in her book “The First Civil Right: How Liberals Built Prison America,” in less accountable, larger and more lethal police forces.
The problem is an economic and political system that has by design created a nation of serfs and obscenely rich masters. The problem is deindustrialization, offshoring of manufacturing, automation and austerity programs that allow families to be priced out of our for-profit healthcare system and see nearly one in five children 12 and younger without enough to eat.
The problem is an electoral system that is legalized bribery designed to serve a tiny, unaccountable cabal of oligarchs that engage in legalized tax boycotts, deregulation, theft and financial fraud. The problem is that at least half of the working class and working poor, a figure growing exponentially as the pandemic swells the ranks of the unemployed, have been cast aside as human refuse and are being sacrificed on the altar of profit as the country reopens for business and the pandemic crashes in wave after wave on front line workers.
The problem is the diversion of state resources, including over half all federal discretionary spending, to an unaccountable military machine that wages endless and futile wars overseas, the savage face of white supremacy beyond our border. This military machine perfects its brutal tactics and tools for control on people of color in the Middle East, as it did in other eras in Vietnam, Latin America and the Philippines. It passes on this knowledge, along with its surplus equipment, including sophisticated equipment for wholesale surveillance, drones, heavily armed SWAT teams, grenade launchers and armored vehicles, to police at home. Smashing down a door and terrorizing a family in a night police raid in Detroit looks no different from a night raid carried out against an Afghan family by Army Rangers in Kandahar.
Empires eventually consume themselves. Thucydides wrote of the Athenian empire that the tyranny it imposed on others it finally imposed on itself.
The entrenched racism in America has always meant that poor people of color are the first cast aside in society and disproportionately suffer from the most brutal forms of social control meted out by the police and the prison system. But there will not be, as Martin Luther King pointed out, racial justice until there is economic justice. And there will not be economic justice until we wrest power back from the hands of our corporate masters.
Until that happens, we will go through cycle after cycle of brutal police murders and cycle after cycle of the profuse apologies and promises of reform. We are trapped in an abusive relationship. When we finally have enough, when we cry out in pain and walk out, our abuser comes after us with flowers and apologies and promises to change. Back we go for more.
My hope is that this time around the gaslighting will not work. The protestors that have taken to the streets in some 750 cities are young, diverse, angry and savvy. Many were betrayed by the Democratic Party hierarchy who once again ganged up on Bernie Sanders to shove a corporate stooge down our throats, the calculation by the ruling elites being that as awful as Biden is, we will vote for him because he is not Trump. That this tactic failed in 2016 doesn’t seem to faze the oligarchs.
“By defunding or abolishing the police, or by paying prison workers fair wages, the primary bulwark used to keep a subjugated population in check will be removed, or in the case of prisons make the system of neo-slavery financially unsustainable.”
Many of those in the streets can’t find meaningful work, are often burdened by large sums of student debt and have realized that in this world of serfs and masters they don’t have much of a future. They understand that if these protests are to succeed, they must be led by people of color, those who suffer disproportionally from the inequities and violence meted out by the occupying forces of the corporate state. And they also know that social inequality is at the root of the evil we must vanquish.
The ruling elites will never willingly defund or abolish the police, which cost taxpayers $100 billion annually and often eat up half of city budgets, for the same reason they will never pay a minimum wage to the 2.3 million prisoners who work in our ever-expanding gulag. By defunding or abolishing the police, or by paying prison workers fair wages, the primary bulwark used to keep a subjugated population in check will be removed, or in the case of prisons make the system of neo-slavery financially unsustainable.
Rather, the elites, while assuring us that they feel our pain, will insist, as Biden is doing, that by throwing even more money at the police, and increasing police numbers on the streets of our cities, police will be accountable. This is true. But the police will be accountable not to us but the ruling class.
In 1994, then Senator Biden pushed through the Violent Crime and Law Enforcement Act. It was supported by the Congressional Black Caucus, evidence of the growing disconnect between black political elites and those they should protect. The caucus has, in the face of the current crisis, once again called for the tired and toothless reforms that got us into this mess. “Black elected officials have become adept at mobilizing the tropes of Black identity without any of its political content,” notes Keeanga-Yamahtta Taylor in the New York Times.
The bill authorized $30.2 billion over six years for police and prisons. Biden boasted that he “added back into the Federal statutes over 50 death penalties—50 circumstances in which, if a person is convicted of a crime at a Federal level, they are eligible for the death penalty.” The bill, he bragged, authorized “over 70 increased—70, seven zero—70 increased penalties in new offenses covering violent crimes, drug trafficking, and gun crimes.” It also established the Community Oriented Policing Services or COPS Program that has handed more than $14 billion to state and local governments, most of the money used to hire more police. COPS also provided $1 billion to place police in schools, accelerating the criminalization of children.
The 1994 bill more than doubled the prison population. The United States now has 25 percent of the world’s prison population, although we are 4 percent of the world’s population. Half of the 2.3 million people in our prisons have never been charged with physically harming another person and 94 percent never had a jury trial, coerced to plea out in our dysfunctional judicial system.
Biden proudly said in 1994 he represented a new Democratic Party that was tough on law and order. “Let me define the liberal wing of the Democratic Party,” he said at the time. “The liberal wing of the Democratic Party is now for 60 new death penalties. That is what is in this bill. The liberal wing of the Democratic Party has 70 enhanced penalties, and my friend from California, Senator Diane Feinstein, outlined every one of them. I gave her a list today. She asked what is in there to every one of them. The liberal wing of the Democratic Party is for 100,000 cops. The liberal wing of the democratic Party is for 125,000 new State prison cells.”
There is only one way to defeat these forces of occupation and the ruling elites they protect. It is not through voting. It will come from the streets, where tens of thousands of courageous men and women, facing arrest, indiscriminate police violence, economic despair and the threat of Covid-19, are fighting for not only an end to racism, but for freedom.
Left-wing candidates have been shut out in Democratic Senate primaries thus far in 2020.
If Democrats win back the Senate this fall, don’t expect a rush to pass the Green New Deal or Medicare for All.
The left wing has been wiped out in Senate primaries or failed to recruit at all in states across the map this year, leaving a slate of centrist candidates more in the ideological mold of Joe Biden than Bernie Sanders. Liberal insurgents on the ballot over the coming weeks in states like Kentucky and Colorado aren’t favored to fare any better, failing to gain significant traction thus far against more moderate favorites.
A Senate shutout would be an embarrassment for the progressive movement, which a few months ago looked ascendant. If Biden wins the presidency, and Democrats take back the Senate, it would likely result in a more incremental approach to legislating despite Biden’s public overtures to the left since he clinched the Democratic nomination.
The failure of left-wing candidates in their primaries has prompted soul-searching among many progressive leaders who now believe that they neglected the task of organizing and building a downballot bench as they were caught in the thrall of Sanders’ candidacy. It is also a victory for the Democratic Senatorial Campaign Committee and Senate Minority Leader Chuck Schumer, who recruited most of the primary victors, viewing them as more likely to win general elections.
“We have seen that the left doesn’t really have the coordinated infrastructure to compete on a statewide level,” acknowledged Evan Weber, co-founder and political director of the climate group Sunrise Movement, which is backing underdog candidates in Senate primaries this month in Kentucky and Colorado.
“Schumer works really hard to get a candidate and then effectively pushes others to coalesce behind them,” said Sean McElwee, co-founder of the progressive think tank Data for Progress.
Cristina Tzintzún Ramirez, an activist who made her first run for office this year, narrowly lost Texas’ Senate primary in March running on a more liberal platform. She missed the second spot in a runoff by about 27,000 votes after receiving little investment from national organizations.
Tzintzún Ramirez said the left should learn lessons from failing to invest early in the cycle to promote candidates in primaries.
“No progressive is going to be at the top of the ticket in a general if we don’t have a slug-out, all fight in a primary,” she said. “We need to be willing to have those fights in the primary and fight harder than we did, I think, in 2020.”
In addition to Senate races, progressives have also come up short against many of the incumbent House Democrats they’ve targeted — though some prospects remain, including possibly toppling Rep. Eliot Engel (D-N.Y.) later this month.
“Everyone wants the sh–posters. No one wants the legislators,” said McElwee, who believes the left has failed in its recruitment strategy.
Still, some take heart that at least many of the candidates in swing states are more liberal than their counterparts just a decade ago. Every Senate candidate in a major race, from Mark Kelly in Arizona to Cal Cunningham in North Carolina, supports a public option to compete with private health insurance plans. Montana Gov. Steve Bullock supports repealing the Senate filibuster so that legislation can pass with a simple majority.
Even if Democrats win control of the chamber and eliminate the filibuster from Senate rules, their majority would be slim — meaning any big ticket agenda items would need the support of more moderate incumbent senators like West Virginia’s Joe Manchin and Arizona’s Kyrsten Synema and the incoming moderates.
Party strategists argue their recruited candidates have won or are poised to win because of their fundraising power, in-state political networks and voters’ desire to back the candidate seen as most likely to unseat the incumbent Republicans.
Many, like Bullock, John Hickenlooper in Colorado and Sara Gideon in Maine have established brands and name recognition in their home states. Mark Kelly in Arizona and Amy McGrath in Kentucky have also created small-dollar fundraising machines akin to those that powered Sanders’ and Elizabeth Warren’s presidential campaigns. A half-dozen Democrats outraised incumbent GOP senators in the first quarter this year, thanks largely to online donors.
“Democrats are laser-focused on flipping the Senate and ending Mitch McConnell’s majority, which is why we’re seeing tremendous grassroots support for candidates across the country and continuing to expand the map into more battleground states that Republicans can no longer take for granted,” Stewart Boss, a DSCC spokesman, said in a statement.
In the hopes of scoring a primary upset, some left-wing activists have belatedly turned their attention to Colorado and Kentucky with their late June primaries.
The DSCC has thrown its weight behind Hickenlooper, the former two-term governor, and McGrath.
Andrew Romanoff, who is running to Hickenlooper’s left, called the June 30 Colorado primary “one of the last beachheads for progressives in the country.“
“I believe I have the best chance to beat Cory Gardner. I think [Hickenlooper] is going to struggle to explain why voters should hire him for a job he said he didn’t want and would be terrible at,” Romanoff said, referencing Hickenlooper’s dismissal of a possible Senate campaign while he was running for president.
Kentucky state Rep. Charles Booker, a black first-term representative from Louisville, has seen some momentum behind his primary campaign this week amid protests over police brutality in the state. He raised more than $300,000 in five days, according to his campaign, similar to his haul for the entire first quarter of this year.
Betsy Sweet, a liberal candidate in Maine’s Senate race who was endorsed by Justice Democrats but is being dramatically outspent by Gideon, acknowledged the tough odds. But she argued that the crises of the last few months may make voters more open to a different sort of candidate.
“I think it leaves a bigger lane open for us progressives who are left,” said Sweet. “That said, I think progressive organizations are reluctant to take a stand, and it’s really hard.”
Left-leaning groups and the party aren’t always at odds. Democracy For America has endorsed candidates ranging from Sweet in Maine to Theresa Greenfield, the national party’s pick who won the Iowa primary last week. Yvette Simpson, the CEO of DFA, said they view it as a long game, supporting left-leaning candidates while also prioritizing winning back the chamber.
“In a state where a progressive should win, we support, strongly, progressives to win,” she said. “Some of these seats we know are going to be more difficult. So we endorse a candidate who agrees with progressive principles but may not be the quote-unquote traditional, what people think of as progressive, because we need to win these seats.”
Karthik Ganapathy, a Democratic strategist who worked on Sanders’ 2016 campaign, questioned why more groups that spent resources in the presidential primary didn’t line up behind progressive Senate candidates. He said he hoped the left wing of the party took that approach in 2022.
“It’s important not to ignore national politics. But we need to do a better job at fielding and supporting candidates further down the ballot, where there isn’t as much excitement or buzzy media coverage, from Senate primaries down to state House races,” Ganapathy said. “Especially because a dollar from a progressive group or donor in a Senate primary that no one’s paying attention to goes way farther than it does trying to buy space on Des Moines TV two weeks before [Iowa] caucus day.”
The Senate majority leader is prioritizing the Republican Party rather than the American people during this crisis.
American states are abruptly facing their worst fiscal crisis since the Great Depression. The Center on Budget and Policy Priorities estimates that more than 25 percent of state revenues have evaporated because of the pandemic. Demands on state health-care budgets, state unemployment systems, and state social-welfare benefits are surging. By the summer of 2022, the state budget gap could total half a trillion dollars.
States need help. Senate Majority Leader Mitch McConnell does not want to provide it. On The Hugh Hewitt Show on April 23, McConnell proposed another idea. Instead of more federal aid, states should cut their spending by declaring bankruptcy:
I would certainly be in favor of allowing states to use the bankruptcy route. It saves some cities. And there’s no good reason for it not to be available. My guess is their first choice would be for the federal government to borrow money from future generations to send it down to them now so they don’t have to do that. That’s not something I’m going to be in favor of.”
McConnell expanded on the state-bankruptcy concept later that same day in a phone interview with Fox News’s Bill Hemmer:
We’re not interested in solving their pension problems for them. We’re not interested in rescuing them from bad decisions they’ve made in the past, we’re not going to let them take advantage of this pandemic to solve a lot of problems that they created themselves [with] bad decisions in the past.
McConnell’s words instantly attracted attention, criticism, even some derision. New York Governor Andrew Cuomo blasted the idea as “dumb,” “irresponsible,” and “petty”:
How do you think this is going to work? And then to suggest we’re concerned about the economy, states should declare bankruptcy. That’s how you’re going to bring this national economy back? By states declaring bankruptcy? You want to see that market fall through the cellar? … I mean, if there’s ever a time for humanity and decency, now is the time.
Cuomo’s fervent rebuttal grabbed the cameras. It did not settle the issue. State bankruptcy is not some passing fancy. Republicans have been advancing the idea for more than a decade. Back in 2011, Jeb Bush and Newt Gingrich published a jointly bylined op-ed advocating state bankruptcy as a solution for the state of California. The Tea Party Congress elected in 2010 explored the idea of state bankruptcy in House hearings and Senate debates. Newt Gingrich promoted it in his run for the 2012 Republican presidential nomination.
To understand why Republicans want state bankruptcy, it’s necessary to understand what bankruptcy is—and what it is not.
A bankruptcy is not a default. States have defaulted on their debts before; that is not new. Arkansas defaulted in the depression year of 1933. Eight states defaulted on canal and railway debt within a single year, 1841. The Fourteenth Amendment required former Confederate states to repudiate their Civil War debts
A default is a sovereign act. A defaulting sovereign can decide for itself which—if any—debts to pay in full, which to repay in part, which debts to not pay at all.
Bankruptcy, by contrast, is a legal process in which a judge decides which debts will be paid, in what order, and in what amount. Under the Constitution, bankruptcy is a power entirely reserved to the federal government. An American bankruptcy is overseen in federal court, by a federal judge, according to federal law. That’s why federal law can allow U.S. cities to go bankrupt, as many have done over the years. That’s why the financial restructuring of Puerto Rico can be overseen by a federal control board. Cities and territories are not sovereigns. Under the U.S. Constitution, U.S. states are.
Understand that, and you begin to understand the appeal of state bankruptcy to Republican legislators in the post-2010 era.
Since 2010, American fiscal federalism has been defined by three overwhelming facts.
First, the country’s wealthiest and most productive states are overwhelmingly blue. Of the 15 states least reliant on federal transfers, 11 are led by Democratic governors. Of the 15 states most reliant on federal transfers, 11 have Republican governors.
Second, Congress is dominated by Republicans. Republicans controlled the House for eight of the last 10 years; the Senate for six. Because of the Republican hold on the Senate, the federal judiciary has likewise shifted in conservative and Republican directions.
A state bankruptcy process would thus enable a Republican Party based in the poorer states to use its federal ascendancy to impose its priorities upon the budgets of the richer states.
When Cuomo protested McConnell’s bankruptcy idea, the New York governor raised the risk of chaos in financial markets. But McConnell does not advocate state bankruptcy in order to subject state bondholders to hardship. Obviously not! When McConnell spoke to Hewitt about fiscally troubled states, he did not address their bond debt. He addressed their pension debt. State bankruptcy is a project to shift hardship onto pensioners while protecting bondholders—and, even more than bondholders, taxpayers.
Republican plans for state bankruptcy sedulously protect state taxpayers. The Bush-Gingrich op-ed of 2011 was explicit on this point. A federal law of state bankruptcy “must explicitly forbid any federal judge from mandating a tax hike,” they wrote. You might wonder: Why? If a Republican Senate majority leader from Kentucky is willing to squeeze Illinois state pensioners, why would he care about shielding Illinois state taxpayers? The answer is found in the third of the three facts of American fiscal federalism.
United States senators from smaller, poorer red states do not only represent their states. Often, they do not even primarily represent their states. They represent, more often, the richest people in bigger, richer blue States who find it more economical to invest in less expensive small-state races. The biggest contributor to Mitch McConnell’s 2020 campaign and leadership committee is a
- PAC headquartered in Englewood, New Jersey. The second is a
- conduit for funds from real-estate investors. The third is the
- tobacco company Altria. The fourth is the
- parcel delivery service UPS. The fifth is the
- Eli Lilly pharmaceutical corporation. The sixth is
- the home health-care company, LHC Group. The seventh is the
- Blackstone hedge fund. And so on and on.
A federal bankruptcy process for state finances could thus enable wealthy individuals and interest groups in rich states to leverage their clout in the anti-majoritarian federal system to reverse political defeats in the more majoritarian political systems of big, rich states like California, New York, and Illinois.
No question, many states face serious problems with their unfunded liabilities to state retirees. Illinois’s liability nears $140 billion, and its municipalities are liable for additional billions. California’s state and local unfunded liabilities amount to $1.5 trillion.
Those liabilities are often described as “pension” liabilities, but they are driven above all by faster-than-expected increases in retiree health-care costs. They need to be addressed, and addressing them will be a tough policy challenge. It will be a tough legal challenge, too, since those liabilities are often—as in Illinois—inscribed into the state’s constitution.
Difficult and important as these problems are, they are not urgent problems. They existed 24 months ago; they will remain 24 months from now. From a strictly economic point of view, McConnell’s schemes for state bankruptcy are utterly irrelevant to the present crisis. Reducing future pension liabilities will not replenish lost revenues or reduce suddenly crushing social-welfare burdens.
But McConnell seems to be following the rule “Never let a good crisis go to waste.” He’s realistic enough to recognize that the pandemic probably means the end not only of the Trump presidency, but of his own majority leadership. He’s got until January to refashion the federal government in ways that will constrain his successors. That’s what the state-bankruptcy plan is all about.
McConnell gets it. Now you do, too.
Conservatives are winning the battle for America’s courts, a triumph decades in the making. At the center of the movement is Leonard Leo, executive vice president of the Federalist Society, who has helped raise hundreds of millions of dollars for nonprofit groups that work behind the scenes to promote conservative judges and causes. Now a private judicial adviser to President Trump, Leo has extraordinary influence over who sits on the country’s highest courts. “We’re going to have great judges, conservative, all picked by the Federalist Society,” Trump told Breitbart News in June 2016. Neil Gorsuch and Brett Kavanaugh were chosen by Trump from a list provided by Leo. They took their place on the Supreme Court alongside justices Clarence Thomas, John Roberts, and Samuel Alito, all current or former members of the Federalist Society. Most of President Trump’s circuit court nominees (who will handle thousands of cases each year) are also connected to the group. How did Leo’s network become so vast and his influence so far-reaching? This Washington Post documentary follows the story of the ideologues, activists and undisclosed donors who made it happen. Read more: https://wapo.st/2JVIkV4. Subscribe to The Washington Post on YouTube: https://wapo.st/2QOdcqK