Attention to the Unseen

The New York Times reports: On Oct. 15, 1991, Clarence Thomas secured his seat on the Supreme Court, a narrow victory after a bruising confirmation fight that left him isolated and disillusioned. Within months, the new justice enjoyed a far-warmer acceptance to a second exclusive club: the Horatio Alger Association of Distinguished Americans, named for the Gilded Age author whose rags-to-riches novels represented an aspirational version of Justice Thomas’s own bootstraps origin story. If Justice Thomas’s life had unfolded as…

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Politico reports: Over the past year and a half, eight Republican-led states quit a nonpartisan program designed to keep voter rolls accurate and up to date. Top Republican election officials in those states publicly argued the program was mismanaged. The conspiracy theorists who cheered them on falsely insisted it was a front for liberals to take control of elections. But experts say the program, known as the Electronic Registration Information Center, was among the best nationwide tool states had to…

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The Washington Post reports: Individual prosecutors involved in the classified documents case against former president Donald Trump are facing substantial harassment and threats online and elsewhere, according to extremism experts and a government official familiar with the matter. At the same time, two officials said, federal agencies have not observed a general increase in threats against law enforcement in the weeks since Trump was indicted in South Florida — a sharp contrast from the surge of violent rhetoric in the…

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Politico reports: A federal judge on Monday blocked a new Florida election law pushed by Republicans that puts restrictions on voter registration groups, calling it “Florida’s latest assault on the right to vote.” U.S. Chief District Judge Mark Walker granted a preliminary injunction against the law just days after it went into effect. Walker is an appointee of former President Barack Obama who has repeatedly ruled against the state in past legal challenges to election measures put in place by…

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Jonathan Chait writes: The Republican Party has been in desperate need of a pragmatic leader who can gauge public opinion, shrewdly husband political capital, and advance the party’s agenda in sustainable ways. That leader has materialized in the form of John Roberts. The chief justice of the United States is attempting to navigate the disjuncture between voters, who on the whole are sharply divided but have slightly favored Democrats, and the power Republicans have accumulated through the Supreme Court, which is quasi-permanent…

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Kimberlé Williams Crenshaw writes: In October 1991, I was part of the legal team that supported Anita Hill in her testimony before the Senate Judiciary Committee in which she bravely alleged sexual harassment at the hands of now-Supreme Court Justice Clarence Thomas. His confirmation by that committee, chaired by then-Democratic Sen. Joe Biden, was one of the most consequential moments in setting the future trajectory of the ideals that matter most to me — civil rights, gender equity and our…

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The Washington Post reports: In a rare public speech this spring, Supreme Court Justice Ketanji Brown Jackson talked to law school graduates about the challenges of starting a new job and about her love of musical theater. One of her favorites, she said, is the smash hit “Hamilton.” A particular song resonates: “History Has Its Eyes on You.” “Given my own experience over the past year, I think it’s pretty obvious why,” she told the crowd at Boston University School of…

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Radley Balko writes: In a staggering report last month, the Department of Justice documented pervasive abuse, illegal use of force, racial bias and systemic dysfunction in the Minneapolis Police Department. City police officers engaged in brutality or made racist comments, even as a department investigator rode along in a patrol car. Complaints about police abuse were often slow-walked or dismissed without investigation. And after George Floyd’s death, instead of ending the policy of racial profiling, the police just buried the…

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The Washington Post reports: In a phone call in late 2020, President Donald Trump tried to pressure Arizona Gov. Doug Ducey (R) to overturn the state’s presidential election results, saying that if enough fraudulent votes could be found it would overcome Trump’s narrow loss in Arizona, according to three people familiar with the call. Trump also repeatedly asked Vice President Mike Pence to call Ducey and prod him to find the evidence to substantiate Trump’s claims of fraud, according to…

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Moira Donegan writes: On Friday the US supreme court expanded the right to free speech into a right of businesses to discriminate. In a 6-3 decision, with the majority opinion by Neil Gorsuch, the justices declared that a Colorado civil rights statute prohibiting discrimination on the basis of sexual orientation in public businesses violates the first amendment’s freedom of speech. The ruling appears to formalize the right of homophobic business owners to not serve gay people in some situations. 303…

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Richard L. Hasen writes: It is indeed a cause for celebration that the United States Supreme Court, on a 6-3 vote in Moore v. Harper, rejected an extreme version of the “independent state legislature” theory that could have upended the conduct of elections around the country and paved the way for state legislatures to engage in election subversion. But after the celebration comes the inevitable hangover, and with all the hoopla it is easy to miss that the Supreme Court…

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