Showing posts with label U.S. Supreme Court. Show all posts
Showing posts with label U.S. Supreme Court. Show all posts

Monday, June 20, 2022

MARCH TO THEOCRACY - Anti-Abortion Terrorists Laid the Groundwork

"theocracy (noun)" government or political rule by priests or clergy as representatives of God - Merriam-Webster Unabridged

"How anti-abortion activists laid the groundwork for rollback of Roe v WadePBS NewsHour 6/16/2022

Excerpt

SUMMARY:  Last month, a leaked draft opinion showed that the Supreme Court may soon overturn Roe v Wade, the landmark 1973 case that provided a right to abortion across the country.  That decision is not yet final, but as special correspondent Cat Wise reports, the work by abortion-rights opponents to arrive at this moment has been decades in the making.



Monday, May 16, 2022

U.S. SUPREME COURT - In Support of Theocracy aka Anti-Abortion


"Lawyer in a landmark abortion rights case discusses a potential Roe reversalPBS NewsHour 5/9/2022

Excerpt

SUMMARY:  A leaked early draft of a coming Supreme Court decision suggests Roe v. Wade could be struck down.  The landmark decision established the constitutional right to abortion and the last major challenge to it came in a 1992 case called Planned Parenthood of Southeastern Pennsylvania v. CaseyKathryn Kolbert, an attorney who argued that case for Planned Parenthood, joins John Yang to discuss.

 

 

"Former Pennsylvania attorney general who argued against Roe reflects on Supreme Court leakPBS NewsHour 5/10/2022

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SUMMARY:  The leaked Supreme Court draft opinion shows justices appear poised to overturn Roe v. Wade, which would result in the biggest change to abortion rights since the 1992 case Planned Parenthood v. Casey, which reaffirmed the right to an abortion with restrictions.  Former Pennsylvania Attorney General Ernest Preate, who argued that case and asked the court to overturn Roe, joins John Yang to discuss.



Monday, April 04, 2022

U.S. SUPREME COURT - Will Hear Reservist's Case on Exposure in Iraq

"Supreme Court hears an Army reservist’s case involving exposure to burn pits in IraqPBS NewsHour 3/29/2022

Excerpt

SUMMARY:  The Supreme Court heard arguments Tuesday in a case that questions whether sweeping legal immunity for states trumps guarantees for America’s veterans.  John Yang introduces us to a Texan who served his country, and now finds himself in a legal battle for his old job.



Monday, February 28, 2022

OPINION - Brooks and Capehart 2/25/2022

"Brooks and Capehart on Russia’s invasion of Ukraine, Biden’s Supreme Court nominationPBS NewsHour 2/25/2022

Excerpt

SUMMARY:  New York Times columnist David Brooks and Washington Post columnist Jonathan Capehart join Judy Woodruff to discuss the week in politics, including Russia's invasion of Ukraine and President Biden’s selection for the U.S. Supreme Court.

Judy Woodruff (NewsHour):  With the world's eyes on Ukraine, and President Biden moving forward on his pick for the U.S. Supreme Court, we turn to the analysis of Brooks and Capehart.

That's New York Times columnist David Brooks and Jonathan Capehart, columnist for The Washington Post.

Very good to see both of you.  Thank you for being here on this Friday night.

We're going to talk about Ukraine in just a minute.

But, David, I want to start with President Biden's choice of Judge Ketanji Brown Jackson for the court.  What did you make of his choice of her?

David Brooks, New York Times:  She seems great.

What you want on the court is someone with a lot of intellectual firepower, but without intellectual arrogance.  And she seems to have that.  As Marcia and others mentioned before, she has the defender.  She was a regular old judge on — with real trials, not just a fancy appellate judge.

So, she has been in the trenches.  She seems like just a wonderful person.

I read a very good story in The 19th about four friends — or three friends she had starting at freshman year in Harvard.  These were four Black women who entered Harvard together.  They roomed together.  They were sisters together.  All four of them went to Harvard Law together.  And, since then, they have been in each other's weddings, they have been at each other's childbirths.

And what they describe, her three friends describe about her, is someone who's the social organizer, someone who early on said, I'm going to take up a lot of space.  I'm going to make my point of view known.

And I think one of them early in college said, you know, you're going to be on the Supreme Court one day.

So, if she could see it that early, maybe she's fit to be there.

Judy Woodruff:  Jonathan, what's your take on her?

Jonathan Capehart, Washington Post:  Well, she's definitely fit to be there.

I didn't read the story you read David, in The 19th.  I read this big profile of her online in The Washington Post.  And what came — the four women were also featured in that profile.  But what I got from that was a woman and a lawyer and now a judge who is and has been pragmatic on the bench.  Sure, she follows the law and she's grounded in her belief in the law and belief that the law should be meted out equally.

And throughout her career at Harvard, both undergrad and law school, when she — there were moments when other Black students were looking to protest X, Y, or Z, sometimes, she participated.  Other times, she didn't.  And the reason why she didn't was because she thought it was more important that she be in class and prove folks wrong.

And I'm thinking about a situation where, at Harvard, someone in her dorm unfurled a Confederate Battle Flag out the window.  And, initially, she did protest, but she told her friends, look, one of the things they want us to do is to not focus on our classes.  And if we don't focus on our classes, we flunk out, thereby proving to them, at least, that we don't belong here.

So, I think what President Biden has done was nominate someone who is coming to the bench, as David said, with intellectual firepower, but also someone who's going to be somebody who tries to bring the liberal and the overwhelming conservative majority together on some of the key issues that are coming up before the court even after she's confirmed.

Judy Woodruff:  And, David, how do you see her potential effect on the court?

We're starting to hear some Republicans raise objections, questions about her.  Mitch McConnell is one of them.  But what do you think lies ahead, if she's confirmed?

David Brooks:  Well, she's — there are nine personalities on the court.  And so each personality adds something to the little family drama there, they have there.

My impression of the court has always been, they find ways to get along.  And — but bringing in a new personality will widen the perspective of the court, will bring a new set of perspectives, a new lived set of experiences.  It can't help but have a humanizing aspect.

Ideologically, there are all these rating systems that rate judges on how liberal or how conservative they are.  She's pretty much in the mainstream of Democratic nominees.  One of the rating systems I saw put her slightly to the right of Elena Kagan.  Another put her a bit to the left.  But she's very much in the mainstream of a Democratic nominee.

And she's obviously replacing a Democratic nominee, so, as Marcia Clark said earlier today, that it's probably not going to alter the ideological balance, but it'll widen the human aperture.

Judy Woodruff:  And, Jonathan, how do you see her fitting in?  And how do you read the coming Republican opposition?

Jonathan Capehart:  Well, I think she will fit in just fine, considering she's been on the bench for a few years now, and folks love her.

When it comes to the Republican opposition, the idea — I can't remember which Republican member of Congress said this — that she's some left-wing radical, it's just sort of — that would have been branded on to any — whoever the President named.  It just now happens to be Judge Jackson.

I think that, if Republicans stick to substantive criticisms of Judge Jackson, either her record or rulings or cases, they will be fine.

But the moment they stray into the territory that Senator Kennedy of Louisiana did by saying he hoped the President would choose someone who could tell the difference between a J. Crew Catalog and a law book; or another member of Congress who said before even a person was named that, no matter what, that the President was making an affirmative action hire, if they go down that route, they should be prepared for withering criticism.

And, also, Republican leaders, those who say that they're Republican leaders, should be prepared to condemn those folks, because there is no question that Judge Ketanji Brown Jackson is qualified to be on the court, should be on the court, and is not some radical, but, as David said, is in the mainstream of American political thought and life.

Judy Woodruff:  So, now we turn to the thing that we have all been, I guess, fixated on for the last several days.

The last time I talked to the two of you, last Friday, the Russians hadn't begun their attack, their assault on Ukraine.

But, David, now they have.  This, I think, is the first time in modern memory that we have been able to watch a war unfold, one country attacking another in real time on television and social media and the rest of it.

But what do you make of what Russia has done and is doing so far?

David Brooks:  Well, I'm just impressed by the Ukrainian people.  I'm impressed by the Russian people who are on the streets protesting.

But the Ukrainian people are facing very long odds.  And they seem to be facing them with resolve and sometimes heroic self-sacrifice.  And I'm just — my hat is off, and my eyes of admiration are for them.

I think we're entering another era.  We were blessed to live for many years, probably all of our lives so far, in this era of rules.  We may be ending that era and reentering an era of great power rivalries, such as we saw in the 17th century and the 18th century and the 16th century and the 15th century.

And it's just not pleasant to live in those eras, because nobody is secure.  Vladimir Putin only thrives in areas where nobody is secure.  And so we may be, with Russia, with China, defending Taiwan, we may be one great power forever after, or least for a long time after, engaged in constant struggles to head off authoritarian tyranny.

And that will involve different defense budgets.  It will involve electing different sorts of people to be our leaders.  It will involve a much more bloody and much less pleasant way to live in a set of mutual democracies.

Judy Woodruff:  It's hard to watch, isn't it, Jonathan?

Jonathan Capehart:  It is, again, the first major land war on the European continent in more than 70 years.

As David said, this is now — this is a battle of ideas.  But, as Hillary Clinton and Dan Schwerin write in "The Atlantic" today, this is — what's happening now in Ukraine is much bigger than that.  They write:  "Ukraine is one flash point in a larger global struggle between democracy and autocracy."

And they point out that the day that Chinese President Xi Jinping and Russian President Vladimir Putin met in Beijing, which was February 4, on Friday, was the same day that the Republicans said that the January 6 insurrection was — quote — "legitimate political discourse."

The battle between autocracy and democracy is — has — was a factor in President Biden's presidential campaign, but there on the streets in Ukraine, in the air, where — in terms of the war that Russia is waging on Ukraine, we are seeing right there the battle between democracy and autocracy.

And the fact that the United States and President Biden is leading the alliance to, at a minimum, defend the NATO alliance, but also help the Ukrainian people, shows that everyone takes this seriously.

There was a lot of talk about whether the NATO alliance was going to wither on the vine, whether it could be — could hold together.  And in the face of this war, before the impending war with Vladimir Putin, they have rallied, and they're stronger.  But that battle between democracy and autocracy and having democracy win is not assured, especially because democracy here in the United States is the weakest it's been in memory.

Judy Woodruff:  David, a lot of people watching President Biden very closely because of what happened in Afghanistan.

But what's your assessment of how he has managed this, handled this so far?

David Brooks:  I think quite well.

He's organized the alliance.  For once, we won the information war.  He really leaked all the intelligence.  And it was all vindicated.  Our intelligence community was excellent in predicting what the Russians were going to do.  And they went ahead and did it.  So he did that part well.

He is playing with an extremely weak hand.  Putin is willing to commit troops.  We, wisely, are not — unwilling to commit troops.  That's one disadvantage.

Second, we're unwilling and our European allies are unwilling to impose sanctions that would impose any costs on Putin.  To do this right, we have to go after the Russian economy, which is essentially going after the energy sector.  We're not going to do that because European and American economies don't want to impose any costs on themselves.

So, I think the sanctions are weak.  I think the alliance between Russia and China, which seems to be reasonably strong, is extremely troubling.

The hope I have, and I think the place to focus our efforts and our attention, is on the Ukrainian resistance.  If the Ukrainian resistance, with the help of the west, can make the occupation of Ukraine very costly, then this whole thing does backfire on Putin.

But I would focus on that, rather than, say, the sanctions, which have been symbolic and not nothing, but clearly not strong enough to impose any real costs on the Russians.

Judy Woodruff:  Jonathan, how do you size up the reaction here and in Europe?

Jonathan Capehart:  Well, I would say that, late this afternoon, the United States, United Kingdom and the European Union announced sanctions on Putin and his foreign minister, Lavrov, personally.  So that is a ratcheting up of the pressure on Putin, on Russia.

This is the — I think the third — second round of sanctions.  And there are plenty more things that the United States can do.

I think one thing that everyone should do is to sort of remind — we should remind ourselves that, in a culture that we have, where everything is instantaneous, you order something online, it can be — depending on which service you use, could be at your house in a few hours, but definitely by the next day.

We are talking about war.  And we're talking about responding to war.  And some of the things that have to be done and should be done, the impacts that they have don't — the impacts don't reveal themselves in an hour, in 10 hours, in a day.  They take time.

And I think the more people sort of reorient themselves and realize that some of the things that the United States and the West are doing to put pressure on Putin, to bring this war to a close whenever that can happen, that this takes time, the better off we will be.

Judy Woodruff:  Well, one thing is for sure.  We're going to have a lot of — we're going to be watching a lot of painful scenes in Ukraine, as we watch the Ukrainian people deal with this in the hours and the days to come.

Jonathan Capehart, David Brooks, thank you both.

Jonathan Capehart:  Thanks, Judy.

David Brooks:  Thank you, Judy.



U.S. SUPREME COURT - First Black Woman Justice Nomination

"Biden selects Ketanji Brown Jackson for the U.S. Supreme CourtPBS NewsHour 2/25/2022

Excerpt

SUMMARY:  President Biden on Friday delivered on his promise to nominate the first Black woman to serve on the United States Supreme Court.  After a month-long search to fill the seat of retiring Justice Stephen Breyer, Biden selected a former Breyer clerk and sitting federal judge, Ketanji Brown Jackson.  Geoff Bennett reports on how she was chosen to receive a nomination that was decades in the making.

 

 

"How Judge Ketanji Brown Jackson could reshape the nation’s highest courtPBS NewsHour 2/25/2022

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SUMMARY:  President Biden's nomination of Judge Ketanji Brown Jackson to the U.S. Supreme Court is a landmark moment for Black women across the legal field, who throughout American history have made up less than 2 percent of the federal bench.  Margaret Russell of the Santa Clara University Law School, and Marcia Coyle of the National Law Journal, join Lisa Desjardins to discuss Jackson's nomination.



Monday, February 07, 2022

U.S. SUPREME COURT - Biden's Choice

Reminder, the GOP is on a campaign to stop ALL of Biden's agendas so they can use failures against him.

"Examining President Biden’s pledge to diversify the federal judiciaryPBS NewsHour 2/2/2022

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SUMMARY:  It is another big week in the U.S. Senate with a major push by President Biden to reshape American courts.  As a candidate he pledged to diversify the federal bench and his decision to appoint a Black woman to the Supreme Court has dominated recent headlines.  NewsHour's Lisa Desjardins joins Judy Woodruff to discuss.



Monday, January 17, 2022

COVID - Week Starting 1/10/2020 Roundup

"How the latest CDC guidance on COVID-19 is creating unnecessary confusionPBS NewsHour 1/10/2022

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SUMMARY:  The latest guidance from the Centers for Disease Control and Prevention on isolation and testing for COVID-19 has received intense pushback.  Many health experts are now criticizing what the CDC has said and how its officials have said it.  This includes the American Medical Association, which issued a strong rebuke.  Dr. Gerald Harmon, president of the AMA, joins Williams Brangham to discuss.

 

 

"COVID hospitalizations reach record high as the White House rushes to ramp up testingPBS NewsHour 1/11/2022

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SUMMARY:  During Tuesday's congressional hearing about the pandemic, there were tough criticisms of the Biden administration and the lack of available testing.  Biden has announced plans to ramp up the response, from requiring insurers to pay for rapid at-home testing to making 500 million tests available.  Thomas Inglesby, senior advisor to the White House COVID team, joins Judy Woodruff to discuss.

 

 

"Examining the human toll of China’s stringent COVID policyPBS NewsHour 1/11/2022

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SUMMARY:  Chinese authorities locked down after discovering two cases of omicron in Anyang, a city of 5.5 million people about 300 miles outside Beijing.  It’s the third Chinese city now in lockdown and comes less than a month before the Beijing Olympics.  These lockdowns are tests of China’s zero-COVID policy, which authorities have called a success.  But critics ask: at what cost?  Nick Schifrin reports.

 

 

"Chicago teachers agree to return to school after a protracted standoffPBS NewsHour 1/11/2022

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SUMMARY:  With the spread of omicron exacerbating staffing shortages, returning to school after winter break has been a significant struggle in many parts of the country.  The overwhelming number of districts are back in person, but some have gone virtual for a few weeks.  And, as Stephanie Sy reports, the biggest battle over whether to return to in-person learning has been playing out in Chicago.

 

 

"Hospitals near a breaking point with latest influx of COVID patientsPBS NewsHour 1/12/2022

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SUMMARY:  The Biden administration is pressing to ship more COVID test kits to schools amid growing criticism of shortages as infections pile up nationwide.  But for hospitals dealing with the surge the worst is far from over.  In the city of Rochester in New York state, hospitals are so over capacity and under-staffed that many are asking ambulances to take patients elsewhere.  William Brangham reports.

 

 

"U.S. Supreme Court blocks Biden’s vaccine mandate for large companiesPBS NewsHour 1/13/2022

IMO they are willing to allow more U.S. citizens to get COVID for an over-conservative interpretation of law.  Totally wrong!

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SUMMARY:  The U.S. Supreme Court on Thursday ruled that the Biden administration must stop enforcing a rule that employees at big companies take the COVID vaccine, but permitted vaccine requirements for most health care workers.  William Brangham reports.

 

 

"What a Supreme Court decision on vaccine mandates means for workersPBS NewsHour 1/13/2022

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SUMMARY:  The conservative majority of justices on the U.S. Supreme Court on Thursday blocked President Biden's COVID vaccination policy, stating that the administration had overstepped its authority with the rule, which would’ve applied to more than 80 million workers.  Marcia Coyle, of The National Law Journal, and Labor Secretary Marty Walsh, join John Yang to discuss.

 

 

"Health systems buckle under latest surge of COVID hospitalizationsPBS NewsHour 1/14/2022

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SUMMARY:  President Biden on Friday announced free tests to help combat the rapidly spreading omicron variant.  But the surge is battering hospitals and stretching some to capacity, with COVID hospitalizations jumping 179 percent in the past two weeks.  William Brangham reports, and speaks with Dr. Rajan Garg, ICU medical director at Methodist Hospital of Southern California, to learn more.

 

 

"Boston schools face staff shortages amid sky-high COVID casesPBS NewsHour 1/14/2022

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SUMMARY:  Most of the nation’s nearly 100,000 public schools are open.  But as the omicron surge continues, some districts are struggling to keep in-person learning going.  Boston Public Schools have been operating in person since last spring, though a high number of cases are raising concerns about whether there will be enough teachers and staff.  Stephanie Sy reports on how the district is faring.

 

 

"Omicron spreads as free home tests are set to roll outPBS NewsHour 1/15/2022

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SUMMARY:  Starting Saturday, private insurers are required to cover the cost of up to eight at-home testing kits, while those without insurance can get a free kit from the federal government.  Meanwhile, COVID-19 cases rose by another 800,000 across the U.S. Hospitals are filling up even as deaths have risen at a slower pace.  Dr. Jeremy Faust, an emergency room physician at Brigham and Women’s Hospital joins from Boston.



Monday, December 06, 2021

RULE BY THEOCRACY - Imposition of a Religious Belief on When Life Begins

An assault on Freedom of Religion by making a religious belief law of the land.

"How pregnant Americans may be affected by Supreme Court ruling on Mississippi abortion lawPBS NewsHour 11/30/2021

Excerpt

SUMMARY:  In one of the most aggressive challenges to Roe v. Wade, the landmark Supreme Court decision that legalized abortion in America, justices will decide the constitutionality of Mississippi's 2018 law banning most abortions after 15 weeks.  If the court overturns Roe, abortion bans passed in a dozen states since the 1973 ruling would immediately go into effect.  Amna Nawaz reports.



Monday, November 08, 2021

U.S. SUPREME COURT - Week of 11/1/2021

"Supreme Court considers ‘chilling effect,’ enforcement of Texas abortion lawPBS NewsHour 11/1/2021

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SUMMARY:  It has been two months since the nation’s toughest restrictions on abortion took effect in Texas, effectively ending access to abortion in the state.  A case against the law has once again reached the highest court in the land.  John Yang reports on how the case got to the Supreme Court again and what could lie ahead.

 

 

"Supreme Court mulls limits of Second Amendment in New York gun law casePBS NewsHour 11/3/2021

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SUMMARY:  Gun rights and the Second Amendment were front-and-center at the Supreme Court Wednesday, in the first major test of gun regulations since the court said gun ownership was a right protected by the Constitution.  John Yang reports.



Monday, October 11, 2021

OPINION - Brooks and Tumulty 10/8/2021

"Brooks and Tumulty on debt, social spending, Jan. 6 investigation, Supreme CourtPBS NewsHour 10/8/2021

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SUMMARY:  New York Times columnist David Brooks and Washington Post columnist Karen Tumulty join Judy Woodruff to discuss the week in politics, including debt ceiling negotiations in Congress, debate over President Joe Biden’s social spending bills, new revelations about former President Donald Trump's efforts to overturn the 2020 election, and what's expected from the Supreme Court this term.

Judy Woodruff (NewsHour):  It has been a whirlwind of a week here in Washington, with the U.S. Supreme Court kicking off its October session, a new report on election interference being issued by the Senate, and a temporary deal reached on the federal debt ceiling.

To help us make sense of it all, we are joined by Brooks and Tumulty.  That is New York Times columnist David Brooks and Karen Tumulty, columnist for The Washington Post.

Very good to have you both with us.  Jonathan Capehart is away tonight.  Happy to see you both on this Friday night.

But let's talk first, David, about what they have done in the Congress, in the Senate.  They have kicked the can down the road.  Enough Republicans gave the Democrats the votes they needed to go ahead and move the debt ceiling decision to December.  Is it going to be any easier then?

David Brooks, New York Times:  No.

And this is what happens when politicians play hand grenade with the nation's solvency.  But it's as if the political campaign is running all year around now or all lifelong, because it's all about positioning for the next election.

So, the Republicans would love to see the Democrats on a straight party-line basis expand the debt ceiling, and then they could blame them for all the spending.  And Mitch McConnell was sort of backing them up to do it.  And then he sort of blinked.

And I think there are two main reasons he blinked.  One, there was some threat that the Democrats were so panicked by this they were going to change the filibuster, which the Republicans desperately do not want them to do.  [Two] There was some possibility they were just trying to ease some pressure on Joe Manchin, look after their buddy Joe Manchin, who is taking a lot of heat from more progressive Democrats, and then some possibility that Schumer didn't have 50 votes to raise the debt ceiling, in which case we would have gone into insolvency.

So we're going to go through all this again in December.

Judy Woodruff:  It — is December going to be different?

Karen Tumulty, Washington Post:  December is going to be different because they will also, in that same little window, have to vote on the continuing resolution.  This is the bill that keeps the government operating.

So we may have within a few days of each other these two difficult votes, one to keep spending and the other to keep borrowing.

Judy Woodruff:  And, Karen, what about — I mean, David mentioned this, that some people are saying, including former President Trump, saying Mitch McConnell folded.

What happened here?

Karen Tumulty:  I all along was a little skeptical that Mitch McConnell was going to be willing to take the fall for making the — essentially the entire world economy collapse.

He had some leverage.  As too often happens in Washington [DC], there's a deal right before the deadline.  But I do think we ought to think about whether we ought to even have this whole exercise of raising the debt ceiling.  It is something that is meaningless in the context of controlling spending, because you're basically paying bills for spending you have already done.

There's a budget process.  There's an appropriations process.  If you want to have fiscal discipline, that's where to do it.  I think they ought to just suspend the debt ceiling indefinitely.

Judy Woodruff:  And which is, I guess, an argument that the Treasury secretary, Janet Yellen, has been making.

But, David, I mean, are there clear winners and losers coming out of this?  Or has it just muddied — is the picture just muddied even more?

David Brooks:  I'd say muddied.

I think each party got a little of what they wanted.  The Democrats got the Republicans to actually have a vote and produce some votes.  And the Republicans got the idea that we're just going to go through this again.

Everyone's a hypocrite on matters of procedure.  So whether you're for the filibuster or the debt limit, it all depends on whether you're in the majority or the minority.  The Democrats, I think, in 2006, it wasn't quite the same circumstance, a very similar circumstance.  They were very happy to let the Republicans take the fall and be the ones to pass the debt limit, including Joe Biden.

And now that shoe is on the other foot, so they have all 180-degree changed their positions.  And this is the way it always is on these procedural game-playing things, that you do what's in your best interests at this moment.  There are no actually principled players in any of this.

Judy Woodruff:  Does one side come out stronger or not in this?

Karen Tumulty:  No.

It is really a situation of — people seem to think this debt ceiling vote is some kind of political liability.  I have never heard any campaign where it becomes an issue or the subject of an ad.  The size of the social spending package that the Democrats are talking about, that is likely to be — figure in the 2022 campaign.

But I — this is just this Kabuki theater that they do over and over and over again.

Judy Woodruff:  All right, moving on to something.

We just heard Fiona Hill, the — who has written a book about her experiences, David.  And that is a number of developments this week about election interference in 2020.  You had this disturbing report come out from the Senate Judiciary Committee about the lengths former President Trump went to try to get the Justice Department to overturn the election result.

Then you have more — watching state after state say they want to reform the way they count votes, the way they run their elections.  How worried should the American people be right now about all of this?

David Brooks:  Pretty worried, on a scale of one to 10, seven-and-a-half or so.  That's pretty worried.

I'm not a worrying kind of guy, but I think worried about two things.  One, we keep learning more and more that Trump really wanted to overturn the election.  He wanted to take away the election.  And we also [two] learned that, throughout the administration, throughout some of the Republican secretaries of state, there were honest people that were not going to let him do it.

And so we have learned from the Senate report that he was threatening to fire the Attorney General.  And there were enough people in the Justice Department who said, we will all quit at once if you do this, and so he didn't really have a chance.

But the more dangerous thing is what's happening in the states now, is that we're setting ourselves up for this all to happen in 2024 if he runs again, and if he's anywhere close.  And, this time, he will have had not a couple of weeks to prepare to take the election away.  He will have had years.

And the party seems to be extremely focused on this process.  And so that's the things we're worried about.

Judy Woodruff:  Where should the concern be focused in all of — that there's so many moving parts to this.

Karen Tumulty:  Well, the pattern of the Trump Presidency is, with these revelations, you will always hear something else happened that is both shocking and unsurprising and even predictable about Donald Trump.

And there were a few people that stood in the way.  Dan Quayle, who talked to Mike Pence about his lack of powers to overturn the election on January 6, was not on my bingo card for the savior of democracy.

(LAUGHTER)

Karen Tumulty:  But, next year, we're going to have the midterms, and these races in the states where governors may be replaced by governors who would be fine with letting partisan hacks control elections, secretaries of state, election officials.

I think the danger in 2024 is going to be a lot higher even than it was in 2020.  And we may once again have Donald Trump back on the scene.

Judy Woodruff:  And I was going to say whether he's on the ballot.

I mean, David, you read that portion of the Senate report where it — for hour after hour, there was an argument inside the White House with then-President Trump, saying, we need to replace the Acting Attorney General in order to overturn the election.  I mean, they had to argue him down from this.

Karen Tumulty:  The most chilling quote — and that was Jeffrey Rosen, the Acting Attorney General.

"One thing we know is you, Rosen, aren't going to do anything to overturn the election."

That is what the President of the United States [Trump] said to his acting Attorney General.

David Brooks:  Right.

And so the good news is there were enough.  I guess what strikes me — and this is the underlying problem — is that any time Rudy Giuliani or anybody could come up with a crackpot rationale to do this, they seized on it without any evidence.  There was never a moment when people in Trump world said, that one, that theory is a little wacky.

They seized on absolutely everything.  And that is what happens when you're in a post-truth world.

Judy Woodruff:  And if President Trump is not on the ballot, Karen, there's still concern that people who espouse his philosophy and who deny the election result in 2020 could be pushing some of the same…

Karen Tumulty:  Exactly.

I mean, these are people running up and down the ballot.  It has become practically an article of faith in the Republican Party that, if you want to have a shot at elective office, that you have to say these things that really undermine the integrity of the electoral system.

David Brooks:  Fifty-nine percent of Republicans in one poll said that believing the election was stolen was an important part about being a Republican.  It's central to the identity.

It's not belief in free markets or being socially conservative.  From philosophical and principled positions has gotten to Trump positions.  And so the identity of the party has fundamentally changed from a conservative party to a Trump party, at least among, say, half of the Republican…

Judy Woodruff:  Last thing I want to make time for, Karen, and that is the Supreme Court reconvening this week, a lot of eyes watching this institution because they are taking up hot-button issues, abortion, gun rights, and others, maybe affirmative action.

What are you looking for from this term?  And people are starting to say, if the court does what we think it could do, this is going to look like a partisan court.

Karen Tumulty:  It certainly — I think this is the term in which the heavily conservative Supreme Court is going to truly show us who they are and what they think.

And I think the biggest issue on the plate is whether or not they overturn Roe vs. Wade, either with this case that is coming their way from Mississippi, or the new Texas abortion law is likely to land in their lap again pretty soon.

Judy Woodruff:  I mean, there's always — we're always watching the Supreme Court, David, but is this time different that way?

David Brooks:  I think it is a little.

There has been a 5-4 conservative majority, but John Roberts, the Chief Justice, really cares about the court and the dignity of the court and the legitimacy of the court.  He could now be in the minority in a lot of these cases, and he could be on the left side, because he is not — he's been hesitant to turn over precedents.

And there seems to be five at least who are much more willing.  And so he [Roberts] might turn out into be the minority player.  And there will be nobody to try to keep precedents just for the legitimacy of the court.

Public opinion polls on the court are not in freefall, but they're in serious decline.  The number of people who think it's a legitimate and trustworthy institution is at a low.  And the Supreme Court justices are all out on the road saying, no, we're not partisan hacks.

They're not.  But they're conservatives and progressives, and they vote like partisan hacks, so that — on the big cases, not on most cases, but on the big ideological cases, their votes are entirely predictable by who nominated them.

Judy Woodruff:  And at a time, Karen, when the country is so divided politically, it — I mean, it matters whether the court is seen as partisan or not.

Karen Tumulty:  Absolutely.  Absolutely.

And, again, I mean, the fact that the — these justices are feeling that need to go out and say publicly that they are not partisans is — that, in and of itself, is extraordinary.  But we will see how these big cases on not just abortion, but some other hot-button issues, like guns.

And again, this is a relatively young court.  And this is the court that we're going to see basically for a generation potentially.

David Brooks:  It used to be people had faith in government and the governing institutions.

And when that faith goes away, everything is up for grabs.  And whether we're talking about the budget, the election or the court, they all grow out of the fact that people have lost faith in the legitimacy of their institutions.

Judy Woodruff:  That's a grim note to…

David Brooks:  Sorry.

(LAUGHTER)

Judy Woodruff:  A really grim note for us…

(CROSSTALK)

David Brooks:  Just facing reality here.

(LAUGHTER)

Judy Woodruff:  On this Friday night.

David Brooks, Karen Tumulty, thank you both.

Karen Tumulty:  Thank you.



U.S. SUPREME COURT - The First Monday in October

"Supreme Court resumes in-person arguments with abortion, guns, religious freedom on agendaPBS NewsHour 10/4/2021

Excerpt

SUMMARY:  The Supreme Court returned to the courtroom Monday morning to hear its first oral arguments of the new term in-person.  The cases set for argument this term could make it one of the most contentious in many years.  Marcia Coyle, chief Washington [DC] correspondent for The National Law Journal, was one of the two dozen reporters in the courtroom and joins John Yang with more.



Thursday, July 01, 2021

U.S. SUPREME COURT - Abandons Voting Rights


"The Supreme Court Abandons Voting Rights" by The Editorial Board, The New York Times 7/1/2021

The 1965 Voting Rights Act was one of the most important pieces of legislation in American history.  By outlawing racial discrimination in voting and imposing federal oversight in states with histories of discriminating, it finally enforced the 15th Amendment and marked the first time the nation could call itself a truly representative democracy.  Until the last decade, the law occupied a sacred spot in the American legal system.  In 2006, Congress reauthorized the law nearly unanimously.

Since then, the Supreme Court’s conservative majority has been dismantling it, piece by piece.

The latest blow came Thursday, when all six conservative justices voted to uphold two Arizona voting laws despite lower federal courts finding clear evidence that the laws make voting harder for voters of color — whether Black, Latino or Native American.  One law requires election officials to throw out ballots that were cast in the wrong precinct; the other bars most people and groups from collecting voters’ absentee ballots and dropping them off at polling places.

Under Section 2 of the Voting Rights Act, which bars any law that discriminates on the basis of race, whether intentionally or not, the Arizona laws should have been invalidated.  But the conservative justices dismissed the challenge because, they said, only a small number of people were affected.  “The mere fact that there is some disparity in impact does not necessarily mean that a system is not equally open or that it does not give everyone an equal opportunity to vote,” Justice Samuel Alito wrote in an opinion joined by the other conservatives.

That is a dismissive wave of the hand at precisely the sort of evidence that Congress told voting-rights plaintiffs to present in court.  As Justice Elena Kagan pointed out in a dissent longer than the ruling itself, small numbers can make a big difference.  In 2020, for example, Joe Biden beat Donald Trump in Arizona by a little over 10,000 votes — fewer than the state threw out based on the out-of-precinct policy in two of the past three presidential elections.

Since the court is talking about “mere facts,” the conservative justices might have noted the mere fact that voting fraud, which lawmakers in a number of states claim they are trying to prevent with laws like the ones in Arizona, is essentially nonexistent.  As one federal judge put it several years ago, such laws are akin to using “a sledgehammer to hit either a real or imaginary fly on a glass coffee table.”

That doesn’t appear to bother the conservative justices, who have given a free pass to state legislatures to discriminate, even as they demand more and more from voters trying to show that they are hurt by that discrimination.

This subverts the whole purpose of the Voting Rights Act, which was enacted because of the persistence of discriminatory state voting laws and policies, a point Justice Kagan made throughout her dissent.  “What is tragic here is that the Court has (yet again) rewritten — in order to weaken — a statute that stands as a monument to America’s greatness, and protects against its basest impulses,” she wrote.

Those impulses have been on flagrant display over the past several years, as Republican-controlled legislatures across the country have raced one another to pass laws that make voting harder — whether through stringent voter-identification requirements, limits on early and absentee voting, hurdles to registration, indiscriminate purges of voter rolls and laws like Arizona’s.  Many of these laws disproportionately hurt voters of color.  Already this year, 28 laws restricting voting have passed in 17 states, according to a running tally by the Brennan Center for Justice.

The conservatives on the court choose to be oblivious to the function of these laws, perhaps because they and their colleagues created the conditions for them to thrive in the first place.  In 2013, the court gutted the heart of the Voting Rights Act, Section 5, which had required states and localities with a history of discriminatory voting practices — including Arizona — to obtain approval from the federal government before changing or adopting any voting law.

Section 5 was by far the most effective way to prevent voting discrimination, but according to Chief Justice John Roberts — who has been working to hobble the Voting Rights Act since he was a junior lawyer in the Reagan administration — the list of offenders was out of date.  “Things have changed dramatically,” he wrote in his 2013 majority opinion, pointing to the increase in Black voter registration and turnout in the years since the Voting Rights Act was adopted.  It didn’t seem to occur to him that this increase was precisely because of the law, and not in spite of it.  As if to drive home the point, Republican-led states that had been under federal oversight began imposing strict new voting laws within hours of the ruling.

After 2013, Section 2 was the only meaningful tool left in the Voting Rights Act — indeed, Chief Justice Roberts pointed out this fact as supposed consolation when the court-eliminated Section 5.  But its medicine was never as strong.  Lawsuits alleging violations under Section 2 can only be brought after a new voting law has passed, and may have been discriminating against voters for years.  The suits are expensive and time-consuming, which deters most potential plaintiffs.  Even when plaintiffs show incontestable proof of discrimination, as they did in Thursday’s case, the odds are stacked against them.

This is bad news for upcoming legal challenges to Republican-enacted voter restrictions in other states.  Just how bad will depend in part on the outcome of a lawsuit the Justice Department filed last week against a sweeping new voting law in Georgia.  The suit contends that the Georgia Republicans who passed it, upset at Democratic victories in the state’s presidential and Senate contests, intentionally targeted Black voters, who vote overwhelmingly Democratic.  Proving intentional discrimination is a high bar, but Georgia’s lawmakers worked hard to make the job easier, passing all kinds of restrictions that disproportionately hurt Black voters.

Congress has been debating a bill that would restore the heart of the Voting Rights Act by reimposing federal oversight of voting laws in states that have repeatedly discriminated in the last 25 years.  Thanks to blanket opposition by Republicans and the existence of the filibuster, which allows a minority of senators to block a bill with majority support, the bill is a dead letter — unless Democrats decide to end the filibuster.

Even that step would not turn back the anti-democratic tide, which grew into a wave during the Trump administration.  In Georgia, Arizona and elsewhere, Republican lawmakers driven by demonstrable lies about fraud in the 2020 election are changing the rules around how votes are counted and certified.  They are stripping power from officials, like the Georgia secretary of state, Brad Raffensperger, who did their jobs in 2020 and refused to succumb to pressure from Mr. Trump and his allies to “find” extra votes and overturn the results to help him win.

The strategy is so dangerous because it is so dull.  It’s easy to be outraged by, say, making it a crime to give voters water while they wait in oppressively long lines to cast a ballot, as the new Georgia law does.  It’s harder to get worked up about the arcane machinery of election administration.  But these laws are of a piece with the voting restrictions being passed by the same lawmakers.  Together, they are designed to keep Democratic-leaning voters away from the polls, and to the extent that fails, to deny victory to Democratic candidates, even when they win more votes.

The current conservative majority on the Supreme Court, led by Chief Justice Roberts, shows no interest in thwarting this attack on democracy and protecting Americans’ fundamental constitutional right to vote.  The ball is in Congress’s court, and time is fast running out.



Monday, May 24, 2021

AMERICA AT STAKE - Slow March to theocracy

Theocracy, Noun (countable and uncountable, plural theocracies)
Government under the control of a state-sponsored religion.
Like using State law to force others to follow a religious belief like 'human life begins at conception.'

"Is the Supreme Court looking to overturn Roe v Wade?  Here’s what one expert thinksPBS NewsHour 5/17/2021

Excerpt

SUMMARY:  The Supreme Court on Monday agreed to hear arguments in a major abortion case that could roll back limits on abortion laws cemented by the landmark reproductive rights case Roe v Wade.  In its term beginning October, the court will consider a Mississippi state law banning abortions after 15 weeks.  John Yang discusses the matter with Mary Zieglar from Florida State University College of Law.



Monday, May 10, 2021

U.S. SUPREME COURT - End-Year Oral Argument

"Looking back at a year of Supreme Court cases tried over the phonePBS NewsHour 5/4/2021

Excerpt

SUMMARY:  Few institutions are as tradition-laden as the U.S. Supreme Court, but the pandemic brought changes.  Justices dialed in to hear their final oral argument of the term Tuesday - a case about sentencing reductions for low-level crack-cocaine offenses.  Their final call also falls on the one-year anniversary of the court's very first remote oral argument.  John Yang reports on the big adjustment.



Monday, April 05, 2021

COLLEGE ATHLETICS - Should College Athletes be Paid?

"Are college athletes employees? Supreme Court mulls compensation for student playersPBS NewsHour 3/31/2021

Excerpt

SUMMARY:  College basketball’s “March Madness,” which reaches its crescendo this weekend, reminds us that big-time college athletics can look like big business.  As John Yang reports, it was a fitting backdrop Wednesday for a well-timed Supreme Court argument over compensation for college players.



Monday, February 22, 2021

THEOCRACY IN AMERICA - South Carolina

"theocracy" noun

  1. Government under the control of a state-sponsored religion. (like Iran)
  2. Rule by a God.

They are trying (over and over) to impose their religious belief on everyone else, by use of the law of the land.

"South Carolina places stringent new restrictions on abortionsPBS NewsHour 2/18/2021

Excerpt

SUMMARY:  South Carolina is the latest state to place tough new restrictions on abortions.  It is part of a renewed focus on abortion access with a new conservative majority on the Supreme Court.  Gavin Jackson a public affairs reporter for South Carolina ETV, and Mary Ziegler a Florida State University law professor, join John Yang to discuss.



Monday, December 14, 2020

OPINION - Shields and Brooks 12/11/2020

"Shields and Brooks on Republicans’ latest election challengePBS NewsHour 12/11/2020

Excerpt

SUMMARY:  Syndicated columnist Mark Shields and New York Times columnist David Brooks join Judy Woodruff to discuss the week in politics, including congressional negotiations, President-elect Biden's cabinet picks and the U.S. Supreme Court's decision on Texas's election challenges.

Judy Woodruff:  And now to the analysis of Shields and Brooks.  That's syndicated columnist Mark Shields and New York Times columnist David Brooks.

Hello to both of you.

So, let's begin with the news this evening, the Supreme Court saying that they do not have standing to take this case filed by the state of Texas challenging, David, the election results in four states that voted for Joe Biden over Donald Trump.

This is a case, gotten a lot of attention — or the suit, I should say — because there were 17 states, many states' attorneys general signed on, two-thirds of the Republican members of the House.

But now the Supreme Court has thrown it out, with dissent, we should say, by Justices Alito and Thomas.

But, David, what does this say about the state of our politics right now with regard to this election result?

David Brooks, New York Times:  Well, the court system has hung in there.

And I should pointed out all three Trump-appointed justices sided with the majority on this one.  And it's simply written in the Constitution that state legislatures get to control their own elections.  And the state of Texas doesn't get to tell Michigan and Pennsylvania and other states whether their elections are firm or not.

It was just an outrageous suit from the beginning, one of the desperate ploys Trump has tried.  The shameful thing, of course, is that 126 House Republicans signed onto it and a bunch of attorney generals.  It's a party that has just lost any touch with democracy.

Somebody said on Twitter today, Trumpianity is a very strange religion.  And, fortunately, unlike the legislative branch on the Republican side, the judicial branch has stayed true and faithful to the obvious meaning of the Constitution.

Judy Woodruff:  Mark, as you watch this drama unfold, what do you make of it at this point, now that the Supreme Court has weighed in?

Mark Shields, syndicated columnist:  Well, I think we're in the final chapter, Judy.  At least I hope so.

I don't — I don't ever ask that people on the other side agree with me.  I do ask that you believe in what you say, in the position you take.  And this was an example of, I think, base hypocrisy on the part of House Republicans.

They — there are 153 safe Republican House seats in the House of Representatives, that is, that Republicans control or dominant in.  And what they're — they're terrified, the members there, are a primary, being primaried by a Donald Trump supporter who said, you didn't stand with the President.

And the Republicans are in a terrible position at this point.  They desperately want the Trump voters, the 11 million he brought in over four years ago, for example.  But they don't want Donald Trump.  They desperately want Donald Trump gone.

And so — but the last thing in the world they want to do is in any way incur his wrath, for fear he will do to them what he did to Mark Sanford or Jeff Sessions in Alabama, and that is punish them for not being 110 percent Trumpist.

Judy Woodruff:  But, in the process, David, are they doing damage to our democracy?

David Brooks:  Immense damage.

I mean, they're calling an election for millions and millions of people into question.  As we have talked about before, 77 percent of Trump backers think it was a fraudulent election.  So, where do we go going forward?

They're trying to not alienate Trump voters, but the 126 House members, including people like Kevin McCarthy, leaders, are basically telling his story.  And they're telling his [Trump's] comeback story.

They're giving every pretext for him to run again in 2024 and continue to make this Donald Trump's party.  And so if they wanted to get rid of Donald Trump, this was, in my view, the worst way to do it, because they have signed on to the gospel, and now they're more or less stuck with it.

Judy Woodruff:  Mark, do you see long-lasting damage here?

Mark Shields:  Yes.

Judy Woodruff:  Is this something that the country can get through?

Mark Shields:  Yes, beyond the politics of it, Judy, the position taken is undemocratic.  It's hypocritical.  It's just indefensible, and when you're talking about elections.

I mean, I would assume that all Republican House members from Michigan and Wisconsin and Georgia and Pennsylvania who signed on to this suit would summarily resign from the House, because they're saying that they were elected in a criminal election.

It's certainly this illegality that they allege out of thin air didn't — wasn't limited just to the Presidential vote.  So, I just find it beyond — when I say that want the Trump voters without Donald Trump, they can't wait for Donald Trump to be gone.

I mean, how they quiver in fear about him [Trump].  They just — they're terrified of him.  It's not born of affection or anything of the sort or a high regard.  It's born of rank fear.  And that has to be demeaning for every Republican in the House who signed on.

Liz Cheney, the third member of the House leadership from Wyoming, did not, and good for her.

Judy Woodruff:  David, let me ask you both about something else the Congress is not doing, in this instance, and that's a finding a way to come up with relief, help for people suffering in this pandemic.

It's been months and months.  They have come down to the wire.  They figured out a way to fund the government another few days, but they still don't have COVID relief.  What is the holdup here?  And do you see them getting through this?

David Brooks:  Well, this is a foundational problem, too.

If faith in God collapses, then the church collapses.  If faith in our institutions and each other collapses, then the nation collapses.  And so undermining the election is one piece of that.

But unwilling — the unwillingness to recognize the legitimacy of views on the other side is another piece of it.  And we have had five months of people unwilling to recognize the legitimacy of their views and come to meet them halfway.

We finally last week had a legislature behave like it's supposed to behave, where we had eight senators who created a compromise, along with members of the Problem Solvers Caucus in the House.  And they created a very reasonable and, to me, on the merits, a very good compromise on how to get COVID relief.

To their great credit, Nancy Pelosi and Chuck Schumer said, OK, this is our framework.  Mitch McConnell won't go there.  And so he's not willing to do the work of legislation.  He says that their — that compromise will not work with Republicans.

Well, Mitch McConnell's position won't work with Democrats.  So, that's what politics exists for.  And so it's just another piece of a fundamentally broken political system.

Judy Woodruff:  Mark, do you see a way through this?

Mark Shields:  I do, Judy.

I think — it's unthinkable to me that they will not pass a COVID relief bill.  I mean, we're talking about Americans on the eve of Christmas without the resources to feed their children, to heat their homes, to pay their rent.

We're not talking about some giveaway to anybody.  We're not talking about a major stimulus.  We're talking about human survival and human dignity.  And I just can't believe that the Republicans, Mitch McConnell, who is threatened by this, they're all consumed with the February (sic) 5 election in Georgia.

And if you're Kelly Loeffler and David Perdue running in those special Senate elections, and you have to stand up there and defend that the Republican Senate was the stumbling block to sending relief to American families in desperate need at Christmastime?  I don't think so.

So, I think that, finally, urgency and political survival will intervene.

What threatens Mitch McConnell, the Republican majority leader, is, a leader has to be able to deliver his troops.  Right now, he's got a problem, because he doesn't have a majority of his caucus on this side.

And David's right about the bipartisan group meeting, but they represent a threat to leadership.  And I give Speaker Pelosi credit for accepting the act of the bipartisan negotiation.

But Mitch McConnell — if the leader is going to be held hostage by bipartisan groups negotiating a fair deal, then, oh, my goodness, there goes your power, because, in Washington, the perception power is power.  If I think you have power, you do.  And if enough people think you have power, then you do.

And once there are doubts about your power — and I think that's where McConnell finds himself right now.

Judy Woodruff:  David, in the time we have left, I do want to ask you about President-elect Biden.

He's been introducing more of the top people in his administration, the people he wants to serve.  I guess the one who's getting the most criticism or attention that has been critical is Lloyd Austin, the retired Army general, to be secretary of defense.  But there are others.

It's interesting, a number of familiar faces from the Obama administration.  What do you make of the — some of the senior picks he's made so far?

David Brooks:  Well, Joe Biden has picked people he really knows, people he knows well.  He spent a lot of time with Lloyd Austin in Iraq when he was vice President.  He's picked Denis McDonough for the VA, who, by the way, is one of the most fundamentally decent people I have ever covered in public life.

These are, by and large, almost entirely, very good people, but very familiar, Susan Rice over now at the domestic side.  And so they are people he knows, he trusts who will be ready on day one.  And so it's — it is really Obama three, in that sense.

I also share some of the concerns with Lloyd Austin, not for anything having to do with Lloyd Austin and his performance.  But there's a reason we have this rule, this tradition, and also a rule, that you don't have generals switching right over to the defense secretary.  It's about civilian control.

It's about picking people who have distance from the current military brass.  And that is a very solid and sensible rule.  And in the Jim Mattis case, where we also had to get an exemption, that struck me as an extreme circumstance where getting Jim Mattis in there was so important, it was worth breaking the rule.

Now there must be a lot of very qualified people, like Michele Flournoy, who could be Secretary [of] Defense.  I don't quite see why we run this risk of traversing what is a sensible principle.

Judy Woodruff:  And, Mark, what is your assessment of some of these Biden — some of the main Biden picks so far?

Mark Shields:  Well, Judy, I think, in dramatic contrast to his predecessor, Joe Biden was knocked by his political opponents for having spent 47 years in Washington [DC].

He knows these people.  He's worked with them.  He knows their strengths and their weaknesses.  If they turn out to be lemons, it's because Joe Biden picked them, not because they were imposed upon him.  And so I really think that the strength of the nominees is that Joe Biden certifies them, validates them.  And that's the accountability of a presidential leader.

And on the whole, I remained impressed by them.  I would point out that any money that's left over from the stimulus, the original bailout on COVID, will be in the stewardship of Janet Yellen, as Secretary of Treasury.  And I think there's somebody who will spend it wisely and well and quite humanely.

Judy Woodruff:  And on that note, we thank you both, Mark Shields, David Brooks.

Have a great weekend.

Mark Shields:  Thank you.