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FOCUS: Sidney Powell's 'Just Kidding' Defense Is Seriously, Literally Nuts Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=52344"><span class="small">Matt Lewis, The Daily Beast</span></a>   
Sunday, 28 March 2021 10:27

Lewis writes: "During the 2016 presidential campaign, journalist and author Salena Zito observed that when it came to Donald Trump, 'the press takes him literally, but not seriously; his supporters take him seriously, but not literally.'"

Sidney Powell. (photo: AP)
Sidney Powell. (photo: AP)


Sidney Powell's 'Just Kidding' Defense Is Seriously, Literally Nuts

By Matt Lewis, The Daily Beast

28 March 21


When people enter into the political arena, invent crazy conspiracy theories, and stoke violence and sedition, millions of Americans do take them seriously.

uring the 2016 presidential campaign, journalist and author Salena Zito observed that when it came to Donald Trump, “the press takes him literally, but not seriously; his supporters take him seriously, but not literally.” Zito deserves credit for coining a memorable phrase that certainly sounded plausible back when we were all trying to fathom how Trump won. By 2020, however, it was clear that Trump’s fans were, in fact, taking him literally. The Capitol insurgency that occurred after months of Trump claiming that 1) the election had been rigged and 2) we were losing our country was proof enough.

I’ve been thinking about Zito’s formulation a lot lately, in part because Trump is back in the news. He repeated false claims that the election was stolen, while also portraying insurrectionists as harmless fuzzballs to Laura Ingraham on Fox News. Dominion Voting Systems also just filed a $1.6 billion defamation suit against Fox News for advancing the canard that the election was stolen.

But it’s mainly been on my mind because of an assertion made by pro-Trump lawyer Sidney Powell’s own lawyers in her $1.3 billion Dominion defamation suit. They claimed that “no reasonable person” would believe the conspiracy theories spun by Powell. This puts to lie the whole “seriously/ literally” shell game that has been going on for the last five years. When people enter into the political arena, invent crazy conspiracy theories, and stoke violence and sedition, millions of Americans do take them seriously and literally.

Let’s begin with the suggestion that “no reasonable person” would believe Powell’s assertions. This is (sadly) false. For example, a February poll from the University of Houston found that 83 percent of Texas Republicans believed there was widespread election fraud. Many average Americans (reasonable or not) seriously believed the kinds of lies Powell was intent on spreading. Could it be that the “no reasonable person” standard no longer achieves its intended goal in modern 21st century America, where surreal is the new normal and where shows like Saturday Night Live sometimes can’t compete with reality? I mean, excluding the “reasonable people” still leaves you with, what, 74 million Americans? Sarcasm aside, we are literally talking about a good third of the country. I am reminded of the woman who told Adlai Stevenson, “Governor, every thinking person would be voting for you.” Stevenson, the story goes, retorted, “Madam, that is not enough. I need a majority.”

It is true that Powell was merely one of the voices pushing bogus claims and conspiracy theories, but her voice was one of the most prominent. A quick refresher is in order. Prior to taking on this cause, Powell represented former Trump National Security Adviser Michael Flynn. Prominent conservatives like past FEC chairman Trey Trainor personally vouched for her honesty. She was also considered to be part of an “elite strike force” of Trump lawyers (as Trump tweeted, a “truly great team”). Newsmax also identified her as such.

Powell joined Trump attorney Rudy Giuliani at a press conference held at the Republican National Committee. Among her many outrageous assertions, Powell alleged that Georgia’s Republican governor and secretary of state were paid off; she also claimed that a plot involving deceased Venezuelan strongman Hugo Chavez helped rig the election for Joe Biden via Dominion Voting Machines. Powell then appeared on various conservative outlets and shows, including Fox News, Fox Business (where she said “dead people” had voted), and even the Rush Limbaugh show (where she was interviewed by guest host Mark Steyn).

This is all to say that, although you and I might have always seen Powell as a crank, she had (on paper) solid professional and mainstream conservative credentials—not to mention the imprimatur of the Republican National Committee, America’s Mayor, and the President of the United States of America.

The reality is, you can’t have it both ways. You can’t claim to be a serious person engaging in the serious world of politics and ideas, spread toxic poison with a megaphone that reaches millions, and then cry “just kidding” when your attempts to actually overthrow an election fail.

Ideas have consequences, and the ideas we are dealing with now are deadly serious—including the notion that the election was stolen in a coup and that American democracy is in jeopardy. Allowing these serious allegations to be hand-waved away retroactively—just because they didn’t work—under the guise of harmless trolling, political theater, lulz, or satire would not only mean half the country would continue to believe that Biden is an illegitimate president, it would also encourage more irresponsible rhetoric and behavior.

I’m just sad that this is our last line of defense and our only real deterrent. It will likely take a lawsuit from a private company to discourage future demagogues and their accomplices from pursuing perverse incentives. Lawsuits may be the only effective mechanism left to hold irresponsible and dangerous actors accountable for their actions. I guess it’s better than nothing.

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Mark Zuckerberg Must Be Held Accountable for His Complicity in the Surge of Far-Right Extremism Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=36361"><span class="small">Robert Reich, Robert Reich's Facebook Page</span></a>   
Sunday, 28 March 2021 08:50

Reich writes: "As Mark Zuckerberg testifies in front of Congress on the proliferation of extremism on his platform, hundreds of far-right militias are still using Facebook to organize and recruit new members."

Former Clinton labor secretary Robert Reich. (photo: Steve Russell/Toronto Star)
Former Clinton labor secretary Robert Reich. (photo: Steve Russell/Toronto Star)


Mark Zuckerberg Must Be Held Accountable for His Complicity in the Surge of Far-Right Extremism

By Robert Reich, Robert Reich's Facebook Page

28 March 21

 

s Mark Zuckerberg testifies in front of Congress today on the proliferation of extremism on his platform, hundreds of far-right militias are still using Facebook to organize and recruit new members. A new report finds that more than 200 militia pages and groups were active on the platform as of March 8 — despite promises from Facebook leadership to crack down on such activity after militias played a key role in leading the violence at the Capitol on January 6th. The report also found the platform directs people who “like” certain militia pages to look at other pages, essentially helping the groups recruit new members. The groups have posted content supporting the Capitol attack, cheering on the Proud Boys, and promoting broader anti-government violence.

Time and time again, Facebook leadership has failed to properly address the radicalization and extremism rampant on the platform. They’ll release a carefully worded statement purported to show their commitment to tackling the problem, and then not follow through. And as we’ve seen multiple times now, this refusal to truly crack down results in real-world violence and even death. Mark Zuckerberg must be held accountable for his complicity in the surge of far-right extremism.

That’s my view. What do you think?

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The US Military Is Poisoning Communities Across the US With Toxic Chemicals Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=58855"><span class="small">David Bond, Guardian UK </span></a>   
Sunday, 28 March 2021 08:17

Bond writes: "The Department of Defense has ordered the burning of 20m pounds of AFFF - despite risks to human health."

Marines extinguish a blaze using Aqueous Film Forming Foam (AFFF), during a training exercise in 2013. (photo: Lance Cpl. Shawn Valosin/U.S. Marines)
Marines extinguish a blaze using Aqueous Film Forming Foam (AFFF), during a training exercise in 2013. (photo: Lance Cpl. Shawn Valosin/U.S. Marines)


The US Military Is Poisoning Communities Across the US With Toxic Chemicals

By David Bond, Guardian UK

28 March 21


The Department of Defense has ordered the burning of 20m pounds of AFFF – despite risks to human health

ne of the most enduring, indestructible toxic chemicals known to man – Aqueous Film Forming Foam (AFFF), which is a PFAS “forever chemical” – is being secretly incinerated next to disadvantaged communities in the United States. The people behind this crackpot operation? It’s none other than the US military.

As new data published by Bennington College this week documents, the US military ordered the clandestine burning of over 20m pounds of AFFF and AFFF waste between 2016-2020. That’s despite the fact that there is no evidence that incineration actually destroys these synthetic chemicals. In fact, there is good reason to believe that burning AFFF simply emits these toxins into the air and onto nearby communities, farms, and waterways. The Pentagon is effectively conducting a toxic experiment and has enrolled the health of millions of Americans as unwitting test subjects.

AFFF was invented and popularized by the US Armed Forces. Introduced during the Vietnam War to combat petroleum fires on naval ships and air strips, AFFF was the whizz kid of chemical engineering that forged a synthetic molecular bond stronger than anything known in nature. Once manufactured, this carbon-fluorine bond is virtually indestructible. Refusing to become fuel, this herculean bond overpowers and tames even the most incendiary infernos.

Almost from the moment they started using AFFF, the military amassed worrisome evidence about the environmental persistence of synthetic carbon-fluorine compounds, their affinity for living things, and their impact on human health. As the US Armed Forces became the largest consumer of AFFF in the world, troubling questions about what happens after the fire were brushed aside. US military bases at home and abroad encouraged the promiscuous spraying of AFFF in routine drills while firefighters were told it was as safe as soap.

Synthetic carbon-fluorine chemistry, now classified as per- and poly- fluorinated compounds (PFAS), are coming into focus today as fuelling an unprecedented environmental crisis. After the briefest moment of practical utility, PFAS compounds come to haunt life with roving mobility, torpid toxicity, and a monstrous immortality. As we now know, exposure to trace amounts of these “forever chemicals” is strongly linked to a host of cancers, developmental disorders, immune dysfunction, and infertility. Exposure has also been linked to aggravated Covid-19 infections and weakened vaccine efficacy.

From Portsmouth, New Hampshire to Colorado Springs, Colorado, the last decade has witnessed communities near military bases waking up to a nightmare of PFAS contamination in their water, their soil and their blood. “Mapping the sites of PFAS contamination in the United States, the Department of Defense stands out as a significant contributor to this dismal list,” Dave Andrews of Environmental Working Group (EWG) told me.

In its initial survey of military bases in December 2016, the Armed Forces identified 393 sites of AFFF contamination in the United States, including 126 sites where PFAS compounds infiltrated public drinking water. (The Department of Defense has active remediation plans at a small fraction of those sites.) In 2019, DOD admitted those numbers were “under-counted.” The Environmental Working Group’s popular map of PFAS contamination puts the current number of polluted military sites at 704, a number that continues to rise.

As does potential liability. While some states file suit against the manufactures of AFFF, the fingerprints of the US Armed Forces are all over the scene of the crime. When federal scientists moved to publish a comprehensive review of the toxic chemistry of AFFF in 2018, DOD officials called that science “a public relations nightmare” and tried to suppress the findings.

Beyond damning internal emails, the military is still in possession of a tremendous amount of AFFF. As the EPA and states around the US begin to designate AFFF a hazardous substance, the military’s stockpiles of AFFF are starting to add up to an astronomical liability on the military’s balance sheet. Perhaps thinking the Trump Administration presented an opportune moment, the Pentagon decided to torch their AFFF problem in 2016.

Despite AFFF’s extraordinary resistance to fire, incineration quietly became the military’s preferred method to handle AFFF. “We knew that this would be a costly endeavor, since it meant we’d be burning something that was engineered to put out fires,” Steve Schneider, chief of Hazardous Disposal for the logistics wing of DOD, said in 2017 as the operation got underway.

Only one detail stood in the way of this grand plan: there is no evidence that incineration destroys the toxic chemistry of AFFF.

Noting the “strong flame inhibition effects” of the carbon-fluorine bond, a 2020 EPA report concluded, “It is not well understood how effective high-temperature combustion is in completely destroying PFAS.”

In a 2019 technical guide for incinerators, the EPA wrote that our grasp of the “thermal destructibility” of PFAS is sparse, thinly extrapolated, and currently inoperable. An influential interstate environmental council refused to endorse burning AFFF last year, noting incineration is still “an active area of research.”

Nor was such hesitation restricted to environmental agencies. Even as it was sending tanker trucks of AFFF to incinerators in 2017, the military itself noted “the high-temperature chemistry of PFOS […] has not been characterized” (PFOS is the major PFAS ingredient in AFFF), and “many likely byproducts will also be environmentally unsatisfactory.”

But that hasn’t stopped the Pentagon from going ahead and quietly burning the chemical anyway. As the military was sending AFFF to incinerators around the country, the EPA, state regulators, and university scientists all warned that subjecting AFFF to extremely high temperatures would likely conjure up a witches brew of fluorinated toxins, that existing smokestack technologies would be insufficient to monitor poisonous emissions let alone capture them, and that dangerous chemicals might rain down on surrounding neighborhoods. Weighing out its own liability against the health of these communities, the Pentagon struck the match.

Like so much else in the Trump Administration, the reckless rush to burn AFFF unfolded almost completely out of public view. The intrepid reporting of Sharon Lerner at the Intercept and an Earth Justice lawsuit against DOD opened a window into this debacle in 2019. As information percolated back into communities near the incinerators, spirited advocacy helped push the crackpot logic of the entire operation further into unflattering visibility in Ohio and New York.

This winter, I partnered with citizens groups and national advocates to compile and publish all available data on the incineration of AFFF. As my students and I gathered together scattered shipping manifests, tracked down details about incineration facilities and nearby communities, and started to get our head around the toxic fallout of the burning AFFF, this militarized operation gained a new definition: gross negligence.

Not only is burning AFFF extremely ill-advised, but the six hazardous waste incinerators contracted to do so are habitual violators of environmental law. Since 2017, two of the contracted incinerators were out of compliance with some environmental laws 100% of the time according to the EPA (Clean Harbors incinerator in Nebraska, Clean Harbors Aragonite in Utah), two were out of compliance 75% of the time (Norlite incinerator in New York, Heritage WTI incinerator in Ohio), and the remaining two were out of compliance 50% of the time (Reynolds Metals incinerator in Arkansas, Clean Harbors incinerator in Arkansas). The EPA has issued a total of 65 enforcement actions against these six incinerators in the past five years alone.

Not that the military was expecting the best. Even as it shelled out millions of dollars to the hazardous waste industry to burn AFFF, the military did not specify burn parameters nor emission controls. The military also withdrew typical documentation requirements of hazardous waste, noting in the contract that incinerators “will not be required to provide Certificates of Disposal/Destruction.” When it came to burning AFFF, the Pentagon didn’t want to know what was really going on at these incinerators.

Mixing shoddy burn operations with fire-resistant toxicity, this multi-million-dollar debacle did not so much eradicate the military’s AFFF problem as redistribute it.

The WTI Heritage Incinerator, which burned at least 5m pounds of AFFF, is located in a working class Black neighborhood in East Liverpool, Ohio. When it was built in 1993, residents were told this mammoth incineration could help stem the exodus of factory jobs. Instead of paychecks East Liverpool got some of the worst pollution in the US. The modest homes and nearby elementary school have become home to appallingly routine emissions of dioxins, furans, heavy metals, and now PFAS. Residents call it what it is: environmental racism.

“We didn’t get any answers,” Alonzo Spencer told me. Residents started asking the WTI Heritage Incinerator about AFFF last year. Describing rising rates of cancer in his community and worried about the “close proximity of the facility to schools,” Spencer doesn’t understand why the military and the incinerator would try to burn AFFF, nor why they are so secretive about it. “They just don’t seem to have any incentive to be truthful about what they’re doing to this community,” he said.

Tucked into a scrappy working-class neighborhood in Cohoes, NY, the Norlite Hazardous Waste Incinerator burned at least 2.47m pounds of AFFF and 5.3 million pounds of AFFF wastewater, likely in violation of their operating permits. In the shadow of the smokestack lies the Saratoga Sites Public Housing, a squat brick complex where emissions routinely cloud the playground. Over the past four years, residents told me of paint peeling from their cars and waking some nights to searing pain in their eyes. Norlite, they said, “tear-gassed” them in their own homes. The potential byproducts of subjecting AFFF to extremely high temperatures include the wartime ingredients of tear gas.

Places like East Liverpool and Cohoes are the destinations of AFFF that we can track. Some 5.5m pounds of AFFF, 40% of military’s stockpile, was sent to “fuel-blending” facilities where it was mixed into fuels for industrial use. It is not clear where the AFFF laden fuel went next, although the DOD contract stipulates incineration should be the endpoint. If you live in the United States, it’s possible it might have been burned in your community. And, because AFFF is a “forever chemical” that doesn’t break down, that pollution could likely plague communities for generations.

While much remains out of public view, there is good reason to think the military continues to burn AFFF. It is well past time to enact sensible national restrictions on the incineration of AFFF and to begin robust investigations into the communities where AFFF was burned.

The very name of the Department of Defense speaks to the military’s duty to defend, not harm, its own people. By all accounts, the Pentagon is endangering the lives of countless people through its reckless handling of AFFF. Communities witnessing this environmental catastrophe first-hand demand justice and accountability. When will their government hear them?

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Fast Food Giant Claims Credit for Killing $15 Minimum Wage Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=58846"><span class="small">Walker Bragman, Andrew Perez, and David Sirota, The Daily Poster</span></a>   
Saturday, 27 March 2021 12:34

Excerpt: "The parent company of some of America's largest fast food chains is claiming credit for convincing Congress to exclude a $15 minimum wage from the recent COVID relief bill, according to internal company documents reviewed by The Daily Poster."

A Fight for $15 rally. (photo: Metro Justice)
A Fight for $15 rally. (photo: Metro Justice)


Fast Food Giant Claims Credit for Killing $15 Minimum Wage

By Walker Bragman, Andrew Perez, and David Sirota, The Daily Poster

27 March 21


In internal company documents, a private-equity owned conglomerate is bragging to its employees about successfully blocking a boost in pay for low-wage workers.

he parent company of some of America’s largest fast food chains is claiming credit for convincing Congress to exclude a $15 minimum wage from the recent COVID relief bill, according to internal company documents reviewed by The Daily Poster. The company, which is owned by a private equity firm named after an Ayn Rand character, also says it is now working to thwart new union rights legislation.

The company’s boasts come just a few months after a government report found that some of its chains had among the highest percentage of workers relying on food stamps.

Inspire Brands — which owns Jimmy Johns, Arby’s, Sonic, and Buffalo Wild Wings, plus recently acquired Dunkin’ Donuts for $11.3 billion in November — on Thursday sent employees and franchisees a review of its government lobbying activity that highlighted its success in keeping the $15 minimum wage out of Democrats’ American Rescue Plan, the COVID-19 relief bill President Joe Biden signed earlier this month.

“We were successful in our advocacy efforts to remove the Raise the Wage Act, which would have increased the federal minimum wage to $15 and eliminated the tip credit,” reads the report.

Further down, the report notes the company’s ongoing lobbying campaign in the Senate against the PRO Act, which recently passed the House and contains a laundry list of organized labor’s goals, such as eliminating right-to-work laws and banning mandatory company-sponsored meetings that are designed to discourage union activity.

“Under this proposed rule, franchisors could be considered the direct employer of the franchise owners in their system, as well as the restaurant workers those owners employ, taking away the independence of small business owners,” the document said.

“You get the impression that they’re actively spitting in our eye, saying ‘Yes, we worked to suppress wages of our employees and we’re just going to brazenly tell you,’” one Inspire Brands worker told The Daily Poster. “I really do think that a line was crossed. You’re just going to brazenly tell your employees, ‘not only did we work to kill wages, but going forward we’re also going to make sure that the PRO Act doesn’t pass either.’”

Inspire Brands did not immediately respond to a request for comment.

Government Report On Low Wages Spotlighted Inspire Brands’ Companies

During the 2020 campaign, Democrats pledged to raise the minimum wage to $15 an hour, which would boost the wages of 32 million workers nationwide, according to a recent report by the Economic Policy Institute (EPI).

However, efforts to include a $15 minimum wage in Biden’s pandemic aid bill failed after the Senate parliamentarian advised Democrats such a hike should not be passed by budget reconciliation and Vice President Kamala Harris declined to use her authority to override the decision.

Inspire Brands’ success in eliminating the minimum wage hike from the bill follows Dunkin’ Brands’ then-CEO Nigel Travis saying in 2015 that a $15 wage would be “absolutely outrageous.” At the time, unions noted that Travis was being paid more than $4,000 every hour.

The minimum wage defeat also follows an October 2020 report from the Government Accountability Office finding that low-wage workers at Dunkin’ Donuts, Arby’s, and Sonic were among those relying most heavily on food stamps in states where those franchises operate. In 2019, some Sonic workers walked off the job in Ohio in protest of low pay.

While paying many of its workers below $15, Inspire Brands’ franchises are generating $26 billion in annual revenue and enriching top executives. The founder of Jimmy John’s — which has been accused of busting worker union drives — recently boasted on his website that he was named one of the planet’s wealthiest men.

In the year before Inspire acquired his company, Dunkin’ Brands’ CEO was paid millions and then made millions more when the deal closed.

In government filings that year, Dunkin’ Brands warned investors about the prospect of low-wage workers being paid better.

“A significant number of our franchisees’ food-service employees are paid at rates related to the U.S. federal minimum wage and applicable minimum wages in foreign jurisdictions and past increases in the U.S. federal minimum wage and foreign jurisdiction minimum wage have increased labor costs, as would future such increases,” the company wrote. “Any increases in labor costs might result in franchisees inadequately staffing restaurants. Understaffed restaurants could reduce sales at such restaurants, decrease royalty payments, and adversely affect our brands.”

The company also bragged that “none of our employees are represented by a labor union, and we believe our relationships with our employees are healthy.”

“Our Name Signifies Our Admiration For The Qualities Embodied By Howard Roark”

Inspire Brands is majority owned by Roark Capital — a $23 billion private equity giant named after the self-centered protagonist of Ayn Rand novel The Fountainhead, which is considered a foundational conservative text for the defense of billionaires and economic inequality.

“Our name signifies our admiration for the qualities embodied by Howard Roark,” the firm says on its website. “We are committed to being a good partner in good times, and an even better partner in bad times.”

Donors from Roark-linked companies delivered more than $800,000 of campaign contributions in the 2020 election cycle, mostly to Republicans, according to data compiled by OpenSecrets.

Several state and local retirement systems have invested public employees’ retirement savings in the Roark funds involved in Inspire Brands’ takeover of Dunkin’ Brands last year, including the Oregon State Treasury, the Maryland State Retirement and Pension System, and the Los Angeles City Employees' Retirement System.

In its filings with the Securities and Exchange Commission, Roark advised investors that “portfolio companies of the type targeted” by the firm can be “adversely affected by changes in governmental policies” including the minimum wage.

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What Can Democrats Do About Georgia's Voting-Rights Restrictions? Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=43327"><span class="small">Ed Kilgore, New York Magazine</span></a>   
Saturday, 27 March 2021 08:19

Kilgore writes: "Democrats in the Georgia legislature had no power to stop the Republicans who control the General Assembly and the governor's office from enacting a sweeping new package of voting rules adopted to reverse the GOP's 2020 election losses in the state."

Voters at a polling precinct. (photo: Jessica McGowan/Getty Images)
Voters at a polling precinct. (photo: Jessica McGowan/Getty Images)


What Can Democrats Do About Georgia's Voting-Rights Restrictions?

By Ed Kilgore, New York Magazine

27 March 21

 

emocrats in the Georgia legislature had no power to stop the Republicans who control the General Assembly and the governor’s office from enacting a sweeping new package of voting rules adopted to reverse the GOP’s 2020 election losses in the state. Yes, negative publicity about the changes and the underlying determination to reduce voting by troublesome pro-Democratic minority folks led Republicans to drop some of the most pernicious provisions of earlier bills, like abolishing Sunday early, in-person voting and abolition of no-excuse voting by mail. But now that the deed is done, what can the law’s critics do to undo the damage? There are three different avenues:

Go to court

Before the ink was dry on Governor Brian Kemp’s signature on the new law, voting-rights advocates (including the New Georgia Project, Stacey Abrams’s legendary initiative to register and mobilize minority voters) went to federal court to seek an injunction to halt implementation of the law. Renowned Democratic elections lawyer Marc Elias is representing the plaintiffs, who charge that the bill violates the First and Fourteenth Amendments to the U.S. Constitution, and also Section 2 of the Voting Rights Act of 1965, which prohibits state laws that dilute minority participation in voting and governance. Their case is buttressed by the rich record of public comments by Georgia (and national) Republicans justifying the new law as a way to turn back the clock on the political trends that carried the state for Joe Biden last November, and won the Senate for Democrats in two January runoffs.

Aside from aggrieved individuals, the Justice Deparment can join or launch Article 2 lawsuits, and it’s likely that Merrick Garland’s federal law-enforcement agency will do just that. The likelihood that other state legislatures controlled by Republicans will join Georgia in cracking down on voting opportunities could create a powerful basis for litigation in the federal courts, though no one should imagine the U.S. Supreme Court — led by Chief Justice John Roberts, who wrote the 2013 opinion gutting the preclearance provisions of the Voting Rights Act that paved the way for Georgia’s actions — will be sympathetic.

Preempt state election laws in Congress

The Georgia crackdown on ballot access coincided with the beginning of Senate consideration of the For the People Act, a package of legislation solidifying and expanding voting rights in federal elections. If the bill is enacted, which seems unlikely but is still possible, this legislation would preempt much of the new Georgia law by requiring easy access to voting by mail, including the drop boxes and proactive mailing of ballots, which have now been restricted. It would also mean more generous in-person and voting-by-mail opportunities, limits on voter-ID requirements, and a host of other reforms not even on the table in Georgia. In effect, such legislation would set strong national standards for voting rights and election administration that would prevent the sort of race to the bottom Republican-run states are currently engaging in, as part of their effort to reverse the trends that gave Democrats trifecta control of the federal government.

Short of the omnibus reforms in the For the People Act, congressional Democrats could buttress voting-rights prospectively, perhaps by enacting the John Lewis Voting Rights Advancement Act, which would restore the original VRA enforcement scheme. That would put a pause on voting-suppression measures by states with a history of racist election administration (like Georgia) until they are reviewed by the Justice Department.

Take back control of state government in 2022

The most definitive action Georgia Democrats and their allies could take to mitigate the damage wrought by the new law is to use it to mobilize voters to end Republican control of the state in 2022, or at least convince Republicans it’s smarter to expand their coalition than to deny the franchise to the minority voters they continue to alienate.

The odds are high that Georgia’s preeminent voting-rights champion, Stacey Abrams, will seek a rematch with Brian Kemp in 2022. Given the governor’s own extensive history of manipulating the voting rolls and election administration to further his own career, along with his signature on the new law, it’s very likely an Abrams–Kemp race will be, in no small part, a referendum on voting rights and a test of voter mobilization (and it’s possible Kemp himself will be purged by Trump allies who want to do far worse to the voting rights of their “enemies”). If Abrams joins newly elected Senator Raphael Warnock (who faces voters again in 2022 after winning a special election) at the top of the Democratic ticket next year, a broader party message of diversity and equal justice for a state long dominated by reactionary white men will be unmistakable.

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