“Durbin’s Due”, Elie v. U.S.

I enjoy this man’s commentary. He’s always seemed to know whereof he speaks. Every weekend I intend to post this newsletter, and every weekend gets by me without me getting it done. This is a copy-paste of my newsletter; I receive it in email from “The Nation” magazine. All links within are live.

A retirement for the ages  Illinois Senator Dick Durbin, who has been in Congress or the Senate for nearly my entire life, has announced that he will not seek reelection in 2026. The 80-year-old’s retirement will touch off a firestorm of a Democratic primary in Illinois, and I’m already dreading the prospect of a heap of progressives jumping into the race, cannibalizing each other, and clearing the path for the wealthiest available moderate white man to buy the nomination. If progressives could just coalesce around one candidate and stick together, they’d win this thing. Then again, if I had wheels, I’d be a wagon. In any event, Durbin’s long overdue retirement is more important to what I cover than the primary, because Durbin is the ranking member of the Senate Judiciary Committee, which controls the judicial nomination process. He was the head of the committee during Joe Biden’s presidency—a job he got by literally pulling rank over the guy who was best suited for the post (according to me), Senator Sheldon Whitehouse. The last four Democratic leaders on Judiciary have been, pretty much, a disaster. Durbin was preceded by Diane Feinstein, who was preceded by Patrick Leahy, who was preceded by Joe Biden. All four of these people were establishment moderates who were more concerned with formalities and courtesies than fighting for control of the courts. It was during their watch that the Federalist Society was able to overrun the judiciary with Republican judges who have literally taken away constitutional rights and redefined the law as a tool of the Republican political agenda. The Judiciary Committee desperately needs new, energetic leadership, to say nothing of a fighting spirit. I can only hope that Durbin’s retirement marks the end of the era of Democrats’ getting punked on judicial nominations.

The Bad and The Ugly SCOTUSblog, a popular website that reports on the Supreme Court, has been acquired by the right-wing media outlet The Dispatch. The acquisition likely marks the end of one of the few nonpartisan sources of information about the Supreme Court and plunges yet another independent outlet into the dark morass of the white-wing media ecosystem. I have a ton of respect for the website’s senior editor, Amy Howe, and I know she will fight like hell to retain the site’s nonpartisan independence. But this ain’t no fairy tale. When you lie down with dogs, you wake up with fleas.The number of young people who are incarcerated is going down, but the racial disparities among the children we put behind bars are “the highest in decades.” Black and Native American children are getting the worst of it, according to NPR. Pope Francis died. Francis was from Argentina. He was the first pope from Latin America, the first pope from the Southern Hemisphere, the first Jesuit pope, and the first pope born and raised outside of Europe since the 8th century. He was also one of the most progressive popes in the history of that office, though admittedly that’s a bit like saying he was the least fungal fungus. For my lapsed-Catholic part, I liked him. I hope the next pope is the second pope who can claim to be most of these things. Secretary of Defense Pete Hegseth has been caught up in yet more Signal-inspired controversy. I know I’m supposed to care, but I don’t. They put a Fox News host in charge of the American military; what the hell did people think was going to happen? Decency? Competence? A group of bigoted parents went before the Supreme Court this week and asked the justices to allow them to object to books in school that mention gay people. The Republican justices on the court fell all over themselves to agree with the parents. I am once again asking bigoted religious wing nuts to homeschool their children and leave the rest of us who want to live in a society alone.

Inspired Takes In The Nation, my colleague Joan Walsh took on the Trump administration’s ridiculous and sexist obsession with white birth rates. For my part, I am willing to help the administration accomplish its goals: If it really wants white birth rates to go up, all it has to do is make most white people poor again. The lesson from literally all today’s high-income societies is that birth rates go down as economic prosperity goes up, so the solution is actually pretty simple. Maybe that’s the real reason behind Trump’s tariffs? Contraband Camp has put out a “Trump Administration Discrimination Database.” So now, whenever your MAGA uncle says, “Point to one thing Trump has done that is racist,” you have a reference source. I used to feed my dog a “raw food” diet. It made sense to me, in an unthinking way (dog = wolf = murderous carnivore = “Aww… who’s the good girl who wants to feast on the raw viscera of your slain enemies?”). The fru-fru suburban veterinarian I go to didn’t immediately tell me it was a bad idea. But then, I happened to run into my old, hardscrabble city veterinarian and she basically said, “What the fuck? Don’t do that. I thought you were a smart person?” She then gave me some research. Now, we’re back to kibble. For people who don’t have the benefit of knowing a frank-talking vet, Emmet Frazier explains in The Nation why your fully domesticated dog doesn’t need to be eating rabbit liver.

Worst Argument of the Week This isn’t really an argument, but I read a story in Gothamist that almost made me cry. The Trump administration has largely cut off funding for legal aid programs that would provide lawyers to immigrant children sent here without their parents or legal guardians. That has forced thousands of children in New York City to go through the court process—which can lead to their deportation (among other things)—with no legal representation. We’re talking about children as young as 4 being hauled into a courtroom without a lawyer. I do not know what kind of sick fucks think this is OK. I cannot fathom the base, racist, cruelty and inhumanity you have to be comfortable with to think that Trump is right to cut this funding. I cannot conceive of the argument one might make to support this. All I know is that whatever argument one has for making this OK is wrong.

What I Wrote I was not prepared to engage with a Supreme Court decision at 1 o’clock on Saturday morning, but I’m very glad the court was still working. It issued a ruling that prevented Trump from deporting another group of immigrants, and in so doing, probably saved some of their lives. The Harvard lawsuit against the Trump administration over his illegal and unconstitutional freeze of the university’s research funding is very strong. Harvard should win, if winning in court still matters.

In News Unrelated to the Ongoing Chaos You should watch Andor. The first episode of its second season just came out and, trust me, you should just watch it. Forget that it’s part of the Star Wars franchise. Forget that it’s another Disney-owned media property looking to milk that franchise for all its worth. This show is about fighting fascism. It is the most relevant piece of dramatic fiction of this era.