Donald Trump is not thinking about you. Don’t take my word for it, take his.
“I don’t think about Americans’ financial situation. I don’t think about anybody. I think about one thing: We cannot let Iran have a nuclear weapon. That’s all.” Trump told us last June that he obliterated Iran’s capability to build a nuclear weapon. Of course, this wouldn’t be a problem if he hadn’t torn up the nuclear agreement that Iran had with the United States and five other nations, which the Obama administration had crafted.
Trump said this to reporters as he was boarding a plane to China. And on that plane were billionaires like Tim Cook, Elon Musk, Jensen Huang, Stephen Schwarzman, Larry Culp, and Larry Fink. Other executives on the trip included Meta’s Dina Powell McCormick, Cargill’s Brian Sikes, Micron’s Sanjay Mehrotra, Qualcomm’s Cristiano Amon, Visa’s Ryan McInerney, Mastercard’s Michael Miebach, Illumina’s Jacob Thaysen, and Coherent’s Jim Anderson.
Trump said on Truth Social that he would ask Xi to “‘open up’ China so that these brilliant people can work their magic.” Their financial situations, he thinks about. Your financial situation, not so much. (snip-MORE)
It’s easy to only be focused on Trump’s ever increasing unhinged behavior but his Republican enablers in Congress haven’t changed their tune. And they are the main reason he’s still in office.
We spoke to experts about Kennedy’s claims about sperm and fertility — including the author of the study he cited.
This story was originally reported by Mariel Padilla and Jennifer Gerson of The 19th. Meet Mariel and Jennifer and read more of their reporting on gender, politics and policy.
Secretary of Health and Human Services Robert F. Kennedy Jr. has, historically, been very public about his concerns about what is plaguing the nation’s well-being. His long, complicated history with vaccines is well-documented. So is his long-standing spat with fluoride. Unlike President Donald Trump, he is not a fan of fast food, but he is a big believer in animal protein and raw milk.
And this week, he spoke about another issue vexing him: men’s sperm count.
“The fertility crisis for women began in 2007; for men in 1970. Men had twice the sperm count as our teenagers do today. This is an existential crisis for our country. We had a series of presidents who were trying to discourage childbirth and motherhood in this country. We now have a president who is trying to encourage it,” Kennedy said at a White House event on maternal health Monday.
While many experts agree that sperm counts are likely lower than they were decades ago, it is less clear how much influence a declining sperm count has on the country’s falling birth rate.
What the science says
Dr. Hagai Levine, the lead author the study Kennedy referenced and chairman of Israel’s association of public health physicians, said he agrees with Kennedy’s characterization that there is a “crisis.”
“I truly believe based on the data that there is a male fertility crisis globally and in the U.S.,” said Levine, who is also an environmental epidemiologist and public health physician at Hebrew University of Jerusalem. “It’s manifested in a biological measurement, which is remarkable. It’s not a soft measurement; it’s something that you can count very accurately.”
Levine said his 2022 study, a systematic review of 223 studies, found a 50 percent decline in both sperm concentration and total sperm count between 1973 and 2018 across North America, Europe and Australia.
“We expected to find a subtle decrease over time, not a drastic decrease,” Dr. Scott Lundy, the study’s lead author and Urology Program Director at Cleveland Clinic, said in a blog post. “I think finding nothing at all was a little bit surprising, and it certainly does not mean that we can ignore this issue or not study this further. But in this case, I think there’s at least some evidence to suggest that we can be somewhat reassured.”
Without speaking to any specific studies, Levine said that different methodologies could yield contradictory results. In a meta-analysis, he emphasized the importance of comparing only studies with similar laboratory methods.
“It’s good that in science there are others who make other claims and try to look at other things,” Levine said. “But when I looked at the literature, I was not convinced that there is no decline. I plan to update our study; maybe there is new data. And I hope that I will find that the decline stopped or even reversed.”
Levine said recent studies show that a lower sperm count is associated with higher morbidity — meaning a low sperm count can be a marker of poor health in general. He said more research needs to be done to identify the cause of declining sperm counts, but research on animals has shown that certain chemicals disrupt the endocrine system. Obesity, lack of physical activity, smoking, binge drinking, certain drugs, occupational exposures and climate change, specifically rising temperatures, also likely impact sperm health. Levine said his research findings are a clear sign that something is wrong with men’s health on a global level.
But how much does a declining sperm count impact the falling birth rate in the United States? Levine said it’s not clear, but he suspects that social factors play a bigger role.
“We know that, for example, women’s education is very related to the number of children in a family,” Levine said. “So I would assume that social demographic changes are the main reason for the shifting trends in fertility, meaning the number of children per woman of childbearing age in the United States and in many other countries.”
Dr. Michael Eisenberg, a professor of urology at Stanford University, said reports of declining sperm counts have been circulated in urologist circles for decades. While more controversial in the 1990s and 2000s, Eisenberg said there’s been increasing evidence from larger and more comprehensive papers published in recent years.
“There is still some controversy in the field, but I think generally the consensus is — and I certainly believe — that sperm counts are declining,” Eisenberg said.
Most of the studies on sperm count are meta-analyses, which are studies of studies. There is no systematic tracking of sperm count or national effort to monitor semen health in the United States.
“When people think about fertility, I think that unfortunately the male role in that is somewhat undervalued and underappreciated,” Eisenberg said. “I think bringing a lot more attention to it is important. Women have regular cycles, so they have some sense of their fertility potential, whereas men don’t have that feedback.”
Administration messaging
It’s not the first time that Kennedy has talked about sperm count. In December, he mentioned it during a HHS announcement about coverage for in vitro fertilization (IVF). In April 2025 he made similar remarks to Fox News’ Jesse Watters, asserting that “an American teenager today has less testosterone than a 68-year old American man.”
Kennedy’s language echoes messaging from Trump himself; Trump has called himself the “fertilization president” and the “father of IVF.” At the maternal health care event Monday, he referred to himself as the “father of fertility.” Other members of the administration have also expressed concerns about fertility.
“Let me speak a little bit about the reality that 1 in 3 Americans are under-babied,” Dr. Mehmet Oz, head of the Centers for Medicare and Medicaid Services, said at the Monday White House event “What does under-babied mean? That means that you either don’t have any children or you have less children than you would normally want to have.”
The administration has long courted adherents to pronatalism, or the belief that a declining birth rate is the primary problem of our times — and that everyone should do their part to reverse course by having as many children as possible. (Sometime Trump ally and former head of the so-called Department of Government Efficiency, or DOGE, Elon Musk, is an avowed pronatalist and is believed to have fathered at least 13 children by at least four different women.)
And baked into pronatalism are traditional gender roles and an insistence that women’s ultimate work is having babies.
Kennedy’s comments draw a direct connection between paying attention to the sexual function of men with the need of women to birth babies.
What women want
Karen Guzzo, PhD, is a professor of sociology and the director of the Carolina Population Center at the University of North Carolina; she’s an expert on fertility preferences and fertility behaviors.
Guzzo said that Kennedy’s comments reflect an insistence on finding a physiological reason for population decline, despite there being no evidence for that.
The reality is that most Americans who want to have children want to have two or three children.
“The reason that people aren’t having kids or are delaying having kids isn’t because they’re physically unable. It’s because they don’t feel like they’re able to have kids at that point in their life, given their social and economic circumstances,” she said.
Any increase in infertility is largely due to more people delaying having children.
“People aren’t just deciding at 18, ‘Oh I don’t even want to have kids until I’m 38.’ It’s usually because they want to get to a point in their life where they’re like, ‘All right — now I have enough money. Now I have a stable partnership. Now I feel that I can provide a good life for children,’” she said.
What research has shown, in other words, is that what really delays someone from having children are economic and social conditions. Guzzo said some of the key factors that allow people to feel the necessary security are affordable childcare, strong unions and union jobs, affordable higher education, and accessible healthcare — including maternal and reproductive healthcare.
The focus on sperm count? A “clear misdirection,” she said.
“Young women are like, ‘Yeah I’m not asking for the most sensitive guy in the world. I just want a guy that thinks that I should not die in childbirth and that I can also have a job,’” Guzzo said. “Real men are secure enough in their masculinity that they can, in fact, change diapers and stay home with their children and be active parents.”
Lately, it seems that Democrats cannot win, even when they win.
The Supreme Court has struck down the Voting Rights Act, ruling that race cannot be a factor in drawing congressional districts, which has now set off southern red states to redraw all their districts to guarantee that their entire congressional delegation will be lily white.
And Republicans, who hate fair elections anyway, have redrawn their congressional districts mid-decade in Texas, Missouri, North Carolina, and now in Florida, without putting it to a vote by the people, and can gain as many as 14 seats. But in Virginia, where the people did vote on it, four conservative justices have ruled it unconstitutional and thrown out the entire election. (snip-MORE)
Last week, The Wall Street Journal reported about the possibility that Iran could be using “mine-carrying dolphins” to attack U.S. warships. Seriously.
Defense Secretary Pete Hegseth, who does not want to acknowledge any strength of the Iranian military, said at one of his He-Man press briefings last week after being asked about kamikaze dolphins, “I cannot confirm or deny whether we have kamikaze dolphins, but I can confirm they don’t.”
We cannot confirm or deny whether Hegseth was joking or if he was serious because Republicans do not have a sense of humor. An example to prove this would be Greg Gutfeld. (snip-MORE)
Donald Trump declassified 162 files and identified flying objects last week. And it landed with a thud.
The files, hosted on a defense department website, include dozens of testimonials from civilians, federal agents, diplomats, and astronauts who reported seeing UFOs. There are also new videos, but they are like the ones that we’ve seen over the past few decades, grainy, squiggly, and usually creating more questions than answers.
It’s almost like it doesn’t matter what they release, as skeptics will see it as proof that there’s nothing out there, while true believers will claim it’s proof that we are being visited, while also claiming that the government is still withholding information.
Personally, I do believe there is life out there, but I don’t believe we are being visited. I also believe that the government is withholding information. For example, they’re withholding information on the Epstein files. And regarding these UFO files, I think the government may be embarrassed by how little it knows. (snip-MORE)
BREAKING: Monroe County funds designated to attract tourists to the Florida Keys will no longer be available for several LGBTQ events in Key West that bring thousands of people to the Southernmost City every year. https://t.co/kS1Qep96n4
To be clear: This is a TX Republican running for attorney general who is telling you that, if elected, he will weaponize the power of the state against people whose beliefs arent aligned with Christian nationalism. Don't be numb to it. This is extremism, completely off the rails. https://t.co/Q0SuD73Jgb
Hassett preemptively blames blue states for sluggish national GDP growth: "If we disappoint at all, it'll be because of, like, what happens to New York and California because of these misguided policies"
The illegal use of voter information by rightwing separatists in the province of Alberta has raised fresh fears over Canada’s electoral integrity by making valuable and “incredibly confidential” personal data easily accessible to malicious actors.https://t.co/Ds39LZGSLM
— Ⓜ️Ⓜ️ Lauren Ashley Davis -OG Meidas Mighty 🦅 (@Meidas_LaurenA) May 11, 2026
Trump: "I look at these beautiful little babies and they get a vat, like a big glass, of stuff pumped into their bodies. I think it's a very negative thing to do. I would love to see much smaller shots, like four visits to the doctor. And I think you would have a much better… pic.twitter.com/M142koLS8z
In related news, RFK Jr. announced that tanning bed regulations will be rolled back to permit children to get fake tans, which, when combined with hydroxychloroquine or bleach, are proven to cure childhood illnesses. RFK Jr. noted that working out in blue jeans is fun for kids. pic.twitter.com/pmF1lYlbE5
People are already peddling ivermectin for Hantavirus. The same people had never heard of Hantavirus 3 days ago. We live in the dumbest possible timeline.
Everybody stay calm, the top virologists, medical research scientists, clinical researchers and clinical pharmacologists on Twitter have been working around the clock for two minutes and already discovered that Ivermectin cures the hantavirus.
Right on cue. A new outbreak and immediate misinformation about “miracle cures.”Ivermectin is an antiparasitic drug, not a proven treatment for #hantavirus. Being an RNA virus does not mean ivermectin works against it.Promoting unsupported therapies during an outbreak causes real harm.
New vein of Maga Moron stupid discovered in Texas. Dr Mary Talley Bowden who was reprimanded for treating COVID-19 without permission in Texas,now says the Hantavirus can be treated with ivermectin and that she will be selling it to Texans only without prescriptions.www.rawstory.com/mary-bowden-…
This is not a photo from the civil rights era. This is Tennessee yesterday May 7, 2026.
This is the vision of America the GOP and Republicans want.
Was the Voting Rights Act created because Democrats established racist gerrymanders, as Rep. Byron Donalds said? No. The law targeted a range of discriminatory practices for voting such as literacy tests, poll taxes and violence.
NEWS: According to the New York Times, some Democrats are proposing a plan to overturn the state’s Supreme Court ruling that invalidated the referendum:
1) Invoke the circuit court ruling that invalidated the referendum due to county officials not posting notice of it at…
Tuesday we will head into the belly of the beast for an Oversight hearing in Palm Beach to hear from Epstein Survivors in FL. We won’t stop until there’s justice.
Tuesday we will head into the belly of the beast for an Oversight hearing in Palm Beach to hear from Epstein Survivors in FL. We won’t stop until there’s justice.
We had this conversation in a public hearing a week ago and you said it would take “years” to replenish some of these stockpiles. That’s not classified, it’s a quote from you. This war is coming at a serious cost and you and the president still haven’t explained to the American… https://t.co/q3wX9AjRzOpic.twitter.com/5q7Gg81Xtg
Trump is really crashing out on social media today. Mother’s Day must be tough for him. His latest screed: “I have just read the response from Iran’s so-called ‘Representatives.’ I don’t like it — TOTALLY UNACCEPTABLE! Thank you for your attention to this matter. President DONALD J. TRUMP”
Virtually every gram of highly enriched uranium Iran now has in its possession–enough to make 10 nuclear weapons–was produced after Trump withdrew from the Iran Nuclear Deal in 2017…without any effort to replace it.
Israeli Prime Minister Benjamin Netanyahu tells 60 Minutes he wants Israel to eventually stop relying on U.S. military aid: “It's time that we weaned ourselves from the remaining military support.” 60Minutes.com
BREAKING: antifa thugs erect obscenely suggestive Benjamin Netanyahu statue right next to the 15 foot tall Donald Trump statue, at his golf course at Trump National Doral in Florida.#DonaldTrump #GoldenStatue
Exclusive: Israel built a secret military post in Iraq to support its campaign against Iran and launched strikes on Iraqi troops who almost found it early in the war https://t.co/f9FISMgdNs
Netanyahu hints at upcoming war on social media."I think there's been a concerted effort by several states to basically vilify Israel in the social, primarily in the social media … We've not fought back yet; so we'll have to do that."
Netanyahu Blames Social Media for Israel’s Crumbling Support in USA. As opposed to that slaughter and ethnic cleansing of both Christian and Muslim Palestinians and Lebanese. Netanyahu is making it clear Christian and Muslim lives do NOT matter! http://www.mediaite.com/media/news/n…
Russia Has Lost More Than 350,000 Soldiers, New Estimate FindsNYT gift articleAbout half a million soldiers have died on Russian and Ukrainian sidesDoesn't include those who have died on the front this year and deaths of foreigners who have fought for RussiaWhile Trump sleepsbit.ly/4eVTckj
When we last discussed Alabama, we talked about the fact that it took the state about a nanosecond after Callais to run to the Supreme Court for permission to redraw its maps—to get the “benefit” of Callais—ahead of the midterm elections.
Today, the Supreme Court ruled. There had been speculation that they might delay until after the midterm primary, which is scheduled for Tuesday, May 19, one week from tomorrow. But the Court jumped right into the fray, despite its constant protests that it does not interfere in elections or make political decisions.
The Court has sent the case back to the panel that considered it previously for a decision “consistent with Callais.” Essentially, that’s a direction to permit Alabama to abandon the court-ordered map that created a second Black opportunity district and leave the state free to revert to the older map that the Court had previously ruled discriminated against Black voters in violation of the Voting Rights Act. That’s the map we looked at the other night, that sends long spines out of Alabama’s Black Belt into Birmingham, Montgomery, and north of Mobile to pack Black voters into a single district.
Justices Sotomayor, Kagan, and Jackson dissented. I haven’t seen the dissent yet, but it’s noted on the docket. I’d expect it to be pretty vigorous and to focus on the panel’s finding that the Alabama Legislature engaged in intentional discrimination against Black voters. The Court split along pure party lines. Justices Roberts and Kavanaugh, who three years ago ruled in favor of Black voters, abandoned that principled position.
Oh, and the kicker? Despite Alabama’s win, which meant the Court found that the maps the state legislature had drawn illegally discriminated against Black voters, the state went through an additional election cycle using those maps. Alabama had argued that any changes, sought in February ahead of a June primary, came too close to the election and violated the Purcell principle.
Purcell is the recently created Supreme Court doctrine that says federal courts can’t make changes to state election laws or procedures “too close” to an election, whatever too close means. Meanwhile, the Supreme Court just made the mother of all changes in Alabama one week before the primary.
The rationale for the principle is that it prevents voter confusion and avoids logistical chaos for election officials. Since the Court dropped its decision, I’ve spoken with candidates, election officials, and voters in Alabama. To say Alabama is in disarray is not an overstatement.
It’s not even clear whether the primary will be held on schedule next week at this point. Jerome Dees, at the Southern Poverty Law Center, told me that, “HB1 didn’t give a clear cutoff date for when it would be ‘too close’ to the election, which means whether Alabama will hold a primary on schedule next week is up in the air.” There has been some suggestion that Governor Kay Ivey and Secretary of State Wes Allen are canvassing local election officials to see if they can make the turnaround happen within a week, but new districts throw everything from candidate qualifying to physical ballots into question. Alabama could invalidate votes cast next week and hold a special election later this year in the affected districts.
Earlier today, the Court scheduled for conference later this week three cases involving whether individual voters can sue to enforce the Voting Rights Act. One was Milligan.
The other cases involve Native voters in Turtle Mountain Band of Chippewa Indians v. Howe and a case out of Mississippi brought by the NAACP.
The Brennan Center explained the significance last year: “For decades, Congress, the courts, the DOJ, and private litigants have agreed that Section 2 of the VRA can be enforced by individual voters and groups. Historically, a majority of Section 2 cases have been brought by private parties, and DOJ attorneys have explained that the department relies on private lawsuits because it does not have the resources to bring all of these types of cases even if it wanted to.”
If the Court rules that private parties cannot sue to enforce the Voting Rights Act, that leaves only the Justice Department—in other words, this Justice Department—which is not inclined to protect historically disenfranchised voters by filing lawsuits. That would truly eviscerate the last shreds of the Voting Rights Act, while DOJ continues to pursue fantastical theories of voter fraud instead of protecting voting rights. It can still get worse.
It is a sad, difficult day for democracy, with the Court as a willing participant.
The Supreme Court’s decision in Callais continues to make clear all the reasons we needed, and continue to need, a Voting Rights Act. And it isn’t about protecting white voters. Congress had an entirely different intent when it passed the Act, an intent that DOJ has forgotten to remove mention of from its website:
Section 2 “prohibits voting practices or procedures that discriminate on the basis of race, color, or membership in one of the [specified] language minority groups,” according to the website, which hasn’t been updated by this administration, at least not yet. “[T]he Supreme Court explained that the ‘essence of a Section 2 claim is that a certain electoral law, practice, or structure interacts with social and historical conditions to cause an inequality in the opportunities enjoyed by black and white voters to elect their preferred representatives.’” Congress clarified that the courts should look to “the history of official voting-related discrimination in the state or political subdivision,” when determining if the law has been violated. In the states hurriedly enacting new maps that eliminate Black voting power, that history involves denying Black people the right to vote. Instead of using Section 2 to fix that, the Court and Southern state legislatures are turning the law on its head and making a mockery of the rights it was meant to protect.
When the Court gutted Section 5 of the act in Shelby County v. Holder, Justice Ruth Bader Ginsburg accused the majority of shutting the umbrella that was meant to protect voters in the middle of a rainstorm who weren’t getting wet, because the umbrella was working. The case was decided in 2013, but even before the Supreme Court formally gutted Section 5 of the Act, repressive measures were being adopted in states like Alabama, which adopted a stepped-up voter identification requirement that made it more difficult for parts of the population, including Black voters, to exercise their rights, expecting that the Court would do away with Section 5’s preclearance provision.
A study at the Brennan Center explained the impact: “The racial turnout gap — the difference between white and nonwhite turnout rates in elections — has been consistently growing since at least 2008, reaching 18 percentage points in the 2022 midterm elections. If the gap did not exist, nearly 14 million additional ballots would have come from voters of color that year.” The analysis was based on nearly 1 billion vote records and controlled for factors like regional differences, income, and education.
The kind of behavior the Act was meant to prevent is exactly what’s happening, as Black voting power is diluted with new maps that are being adopted. And the Court seems to have abandoned its allegiance to the Purcell principle, which it has used in the past to prevent changes from being made too close to an election. Some of the new measures adopted by the states are being challenged, or will be challenged in court, and we’ll get a chance to see if the rules are different now that the Court is focused on protecting white voters from discrimination, which was the story behind Callais.
For instance, Tennessee’s extraordinary gerrymander was accompanied by a change to state law, so that election officials no longer have to advise voters about changes to their designated polling places as a result of the newly drawn maps. It’s easy to imagine how this plays out: voters with limited time because of family responsibilities go to what they think is the right polling place. They wait in a long line, maybe for hours, before being told they’re in the wrong location. At every step, the process is being redesigned to insert more friction, in hopes that Democratic-leaning voters will be dissuaded from participating. As Marc Elias noted, “Republicans defended the map by claiming that only population and politics were considered when the new map was created, not race.” But of course, the two are inextricably intertwined in Southern elections, despite the pretense the Court adopted.
To put all of this into context, consider the importance of the right to vote. At bottom, it’s the right that unlocks all of the other rights, the essence of democracy. Efforts by the Trump faction to impede that right—whether it’s by making it more difficult to register, more difficult to vote, or more difficult to have your vote count—is an effort to lock up all of our other rights.
The NAACP filed a lawsuit challenging Tennessee’s new gerrymander late last week. The complaint explains that “The timing of drawing Tennessee’s congressional districts is governed by Tennessee law, including Section 2-16-102 of the Tennessee Code, which provides: ‘The general assembly shall establish the composition of districts for the election of members of the house of representatives in congress after each enumeration and apportionment of representation by the congress of the United States. The districts may not be changed between apportionments.’” The NAACP is asking the court to issue a declaratory judgment that the late-decade redistricting violates the law and to enter an injunction that will prevent the new maps from going into effect.
There are reports that South Carolina is getting ready to join in this week, with a proposal that would gerrymander its only Black member of Congress, Jim Clyburn, into a district that, at least in theory, is designed to make it more difficult for the veteran Congressman to win. But it’s not clear that the South Carolina Senate will extend the legislative session to permit action to be taken. Currently, the state has seven seats in the House and only one Black representative, although the state is roughly 25% African American.
Alito’s Mistake in Callais
Late last week, The Guardian reported that Justice Alito relied on flawed data to justify his majority opinion in Callais. That opinion is predicated on the view that it is no longer necessary to apply the Voting Rights Act as a corrective for historic voter suppression because Black voter turnout has caught up. Of course, that doesn’t square up with the Brennan Center data we discussed up above. But Alito wrote that Black voter turnout exceeded white voter turnout in two of the five most recent presidential elections, both nationally and in Louisiana. He relied on data that the Solicitor General of the United States, who was not a party to the case, but who filed an amicus brief, presented to the Court:
The data is flawed because it calculates voter turnout in Louisiana as a proportion of the total population of each racial group, for people over the age of 18. But that isn’t the same as calculating eligible voters, because total population includes non-citizens, people with felony convictions, and others who are ineligible to vote. For instance, Black people are more likely to have felony convictions in South Carolina than white people are, which skews the data.
Perhaps Justice Alito should have paid more attention to Justice Ginsburg’s explanation about closing the umbrella prematurely. She was right.
Oral Argument in the DC Circuit on Trump Executive Orders
On Thursday, the D.C. Circuit will hear oral argument in the cases regarding Trump’s executive orders that were designed to punish law firms. The terms of the executive orders made it more difficult, if not impossible, for law firms that the president viewed as representing clients or causes he disagreed with to do business. The cases brought by the law firms have been consolidated for the appeal. So far, every court to consider one of the orders has found them to be illegal.
We discussed the executive orders here when they were first issued, and again here, when the administration dismissed the appeals it will argue later this week before abruptly changing course and asking to reinstate them.
Four law firms are involved: Perkins Coie, Jenner and Block, WilmerHale, and Susman Godfrey. There is also an executive order against Mark Zaid, a lawyer known for his work representing whistleblowers. He is represented by Abbe Lowell. Lowell has argued in his briefs that the executive orders turn security clearances, necessary for lawyers in this field to do business, into political weapons.
Perkins Coie’s brief to the Court of Appeals opens like this: “One year ago, the President did something no other president had done before: issue an executive order declaring a law firm whose clients and representations he dislikes ‘dishonest and dangerous’ and deploying the levers of federal power to try to put the firm out of business. That was a perilous moment for appellee Perkins, the legal profession, and the rule of law. Nine law firms, cowed by the threat of firm-ending sanctions, ‘settled’ with the President …Four different district judges recognized the President’s executive orders for what they are: shocking abuses of power that trample the constitutional rights of the law firms and their clients. This Court should recognize the same.” Two of the judges on the panel that will hear the case, Chief Judge Sri Srinivasan and Judge Cornelia Pillard, were appointed by President Obama. The third judge, Neomi Rao, is a Trump appointee.
Kash On The Hill
FBI Director Kash Patel will join the administrator of the DEA, the Director of the ATF, and the head of the U.S. Marshal’s Service for budget hearings in the Senate on Tuesday afternoon. It’s typical for the four DOJ law enforcement agencies to do this jointly.
Despite the intricacies of the federal budget, the question on everyone’s mind will likely be whether Patel will be passing out bottles of his special Ka$h Patel, FBI Director, Bourbon.
Atlantic reporter Sarah Fitzpatrick, who wrote the original expose on Patel’s erratic behavior in office, had a new story last week. Fitzpatrick wrote, “it is not unusual for him [Patel] to travel with a supply of personalized branded bourbon. The bottles bear the imprint of the Kentucky distillery Woodford Reserve, and are engraved with the words ‘Kash Patel FBI Director,’ as well as a rendering of an FBI shield. Surrounding the shield is a band of text featuring Patel’s director title and his favored spelling of his first name: Ka$h. An eagle holds the shield in its talons, along with the number 9, presumably a reference to Patel’s place in the history of FBI directors.”
Finally
The administrative stay in the mifepristone case ends on Monday. That means that unless the Supreme Court issues an order regarding whether the injunction should stay in place while the litigation proceeds, the Fifth Circuit’s ban on obtaining the abortion drug via telehealth goes into effect.
Given that the Court virtually disallowed nationwide injunctions last June in Trump v. Casa, it’s difficult to see the legally consistent path to permitting this one to go into effect. And, in the 2023-2024 term mifepristone case, the Court stayed efforts to restrict the availability of the drug from going into effect during the pendency of the lawsuit (before it dismissed it rather than decided the substantive issues, because it found the plaintiffs lacked standing). The smart money would seem to be on similar treatment here, but this is a Court that has been willing to ignore the past to put abortion out of reach for American women, so we will wait and see.
There’s a busy week ahead of us. But Donald Trump is spending the evening on Truth Social, reposting memes about his popularity.
The latest NPR/PBS News/Marist poll shows Trump with just a 37% approval rating; 59% of those polled disapproved of his performance. That’s the worst score this poll has given Trump in either of his terms in office.