Saturday, September 5, 2026

Oligarchy and Redistribution: A Reply to Paul Krugman/ Global Free Market: A Perspective and Admonition by Glen Brown

 


The Nobel Prize-winning economist Paul Krugman continues his “series on the rise of American oligarchy” this week by discussing “the decades-long dismantling of the system of progressive taxation.” Krugman defines oligarchy “as the extreme concentration of wealth and political power in the hands of a small number of people—not the 1 percent, but the .01 percent or even the .0001 percent, the 300 billionaires who made 19 percent of all reported federal political donations in the 2024 election.” He argues that widespread tax avoidance, and accordingly the plummeting of effective tax rates, is largely responsible for giving us a system of oligarchy.

Krugman admits that where he once saw the absurd inequalities of the present day as primarily the consequences of technological change and the market economy, “looking into the math” changed his mind, and it became clear to him that “much of the rise of the modern American oligarchy has been driven by deliberate policy.” 

The math Krugman is focused on is the tax gap and thus the effective tax rate. The problem for Krugman’s hypothesis is that the United States was already firmly an oligarchy when the tax gap was much smaller and the effective tax rate much higher. Oligarchy is not first and foremost a product of the system of taxation, and it never has been. It is rather a product of the pre-distribution of wealth through state-created special economic privileges.

Though the American “free market” is riddled with these political privileges, they are not well understood or formally quantified. Indeed, they are all but ignored by the economics profession and popular commentary. If we’re trying to address inequalities of both wealth and power—inseparable in practice—through more progressive taxation, then we have already conceded the game, leaving the pervasive legal privileges that create the problem untouched. 

The mainstream conversation on politics and economics (which some of us prefer to discuss as political economy, precisely because the two are historically and materially inseparable) should work to reestablish careful distinctions between redistribution and pre-distribution.

What economists must begin is the project of formalizing the study of state-granted privilege and quantifying these special giveaways to corporations and the ultra-rich—not only tax credits and other favorable tax treatment, but intellectual property rights, land transfers and eminent domain, professional licensure and barriers to market, arbitrary limitations on civil and criminal liability, and the countless other features of corporate capitalism that have nothing to do with “market forces” or economic freedom in itself. 

If we began to quantify these in a serious and rigorous way, we would quickly see that capitalism is a system rife with welfare for the infinitesimal billionaire ruling class. It is a system that shifts enormous quantities of wealth upward by systematically restricting opportunities for the popular masses as it creates special prerogatives for our corporate overlords.

Today’s U.S. government is a system of arbitrary administrative rule under the permanent control of interlocking elites in the major corporations and government agencies; this system of discretion under “expert” rulemaking is much easier for oligarchs to manipulate than the one contemplated by the Constitution’s three-part structure, under which the people’s representatives are charged with making law. 

If elected officials don’t actually make the rules or shape public policy toward a level playing field, the common good, and equality of rights under the law, then it matters little or at all who wins any given election. Oligarchy is much easier to create and maintain when it is thus insulated from popular political pressure.

Capitalism is not a free market economy with some minor noise and deviations; regarding the math—the massive gaps of wealth and income and the actual, observable relations of domination and exploitation—capitalism is a continuation of feudalism and mercantilism in a different form, one under which there is intense competition between workers, but strong anti-competitive protections for capital. 

There is a reason that no liberal of the nineteenth century saw their philosophy as a defense of the capitalist or the capitalist system. Free trade and equal rights were once understood explicitly as a blow against elite, organized, government-aligned economic interests.

Properly understanding and quantifying the pre-distribution of wealth would require that we shift our analytical paradigm: rather than looking only at after-the-fact inequalities of income and wealth, we should also examine the structural rents built into our political and economic system before any taxes are taken. 

Pre-distribution in this context could be measured by the difference between inequality (and the various inputs, for example, wages, prices, profit margins, revenues, and capital accumulation processes more generally) under current conditions as opposed to a counter-factual situation of actually competitive markets without special privilege and with widely distributed property.

In the final analysis, Krugman is correct about at least one thing, that what we are witnessing today is the consequence of public policy choices, not any supposedly neutral market forces or technological changes. Even the notion of a natural or pre-political economic system is a profound misunderstanding of historical and social realities. 

Instead of focusing on the system of taxes and redistribution, what happens after the benefits to capital have already done their job, we desperately need to start seriously examining the structure of the political and legal system that aggrandizes and protects capital at the expense of society at large.

-CounterPunch: David S. D’Amato is an attorney, businessman, and independent researcher. He is a Policy Advisor to the Future of Freedom Foundation and a regular opinion contributor to The Hill. His writing has appeared in Forbes, Newsweek, Investor’s Business Daily, RealClearPolitics, The Washington Examiner, and many other publications, both popular and scholarly. His work has been cited by the ACLU and Human Rights Watch, among others.


Tuesday, August 16, 2011

Global Free Market: A Perspective and Admonition by Glen Brown



Free market principles, supported by neo-conservatism or neo-liberalism and perpetuated by a “corporatists’ crusade,” are aligned with the policies of the “Chicago School” ideologues, the World Trade Organization and the International Monetary Fund. These doctrines perpetrate a blitzkrieg deconstruction of the middle class, privatization of public ownership and industry (downsizing and parceling out public companies and services to private interests), government deregulation and cuts to spending (thus, stimulating deep economic recessions) and cutbacks or the elimination of the public sphere and all social funding – hence, turning the working class into the “disposable poor” – to loosen control of the flow of money and to produce “freer trade” in the global market marked by an intransigent belief that “it should be left to correct itself.” Global free market theory has surfed “the waves of fear and disorientation” while advancing an ideology of “unfettered capitalism,” leaving inequality and degradation in its wake (Naomi Klein, award-winning journalist, fellow at the London School of Economics, author and filmmaker).

The free-market theory caters to self-interested desires and profit to the detriment of other peoples’ lives, all the while promising “freedom and prosperity.” Free market plutocratic advocates believe the rich and poor should be taxed at the same flat rate, despite creating a vast inequity; that, for example, public education, health care, retirement pensions, national parks (and most any function intrinsic to essential governing) become privatized; they believe in the elimination of Social Security, Medicare and Medicaid; they believe environmental protections should be deregulated and climate change denied; they believe any publicly-owned companies, services and their assets should be auctioned off to private investors and systematically dismantled; they believe labor unions should be eliminated and that universities and colleges can easily be held hostage with exorbitant donations in exchange for indoctrination of right-wing ideologies and the firing of any dissenting professors; they believe the U.S. tax code should be reformed advantageously for the wealthy, privileged elite; and besides allocating vast amounts of wealth and resources from public to private ownership, they believe in the transfer of private debts to the public sector.

The free market economic theory was developed by Milton Friedman in the 1950's at the University of Chicago. It has come to underlie the basis for the exploitation of ecological, economic, political, and/or social catastrophes, documented in such places as Chile, Argentina, Brazil, Uruguay, Southern Cone, Poland, Falkland Islands, Bolivia, China, South Africa, Russia, Thailand, Malaysia, South Korea, Philippines, Indonesia, former Yugoslavia, “New Orleans,” Canada, Iraq, Sri Lanka… (Klein) – all attempted transformations through invasion, occupation, and deconstruction, in other words, the ransacking of a country’s natural resources, its culture and industries, and thus forcing austerity on masses of people, while further dispossessing the poor. (Resultant violence, theft, and torture are often “thriving industries” in the world of global free market philosophy).

Whether inadvertently or not, Friedman’s theory results in a concentration of wealth and the creation of a plutocracy through unregulated corporate profits at the expense of eradicating the middle and lower classes’ rights to earn a decent income, public pension and the opportunity to acquire any semblance of dignity or satisfaction of basic human needs. This is also referred to as the “busting of unions, the slashing of payrolls and the shredding of employee benefits, without any attempt by government to constrain or reverse these practices…” (Robert Reich, Professor of Public Policy at the University of California at Berkeley and former secretary of labor in the Clinton administration).

The method employed by “corporatist crusaders” includes unilaterally imposing the free-market ideology and its creed that freedom without government regulation (or unlimited, avaricious profit for a few people) will create the greatest benefits for everyone. Historically, it has been exercised with such corruptive force that it generates “economic genocide” (Klein). Often times, this is accomplished by manufacturing a “pseudo crisis” to be later used as leverage for such opportunism. This “crisis” is then transmitted vigorously through the media and funded by big banks and corporations. Moreover, the method has also been known to employ the “divide and conquer” strategy (to break unions) and hyperinflation to forward the free market crusade.

It is said that the free-market economy is built upon “planned misery” for the masses, where the majority of the population is excluded from reaping any benefits despite promises for “freedom” and “shared wealth.” The notorious effects of global free market principles at work are the elimination of subsidies, layoffs or the loss of millions of jobs, especially in the public sector, and decreased or frozen wages while the corporate elite continue to procure exorbitant financial gains through the demolition of the public sector, the consistent outsourcing of jobs and inundation of cheap imports, tax loopholes, untaxed off-shore bank accounts (a “theft ex post facto”) and from laws, that David Cay Johnston, Pulitzer Prize-winning journalist and Syracuse University law and business schools’ lecturer, says “continue to enrich the wealthy few at the expense of the many through auctions that are called markets but act instead like bid-rigging systems approved by government.”

We have witnessed legislators who pass corporate-sponsored reform bills that support privatization and deregulation (the slow destruction of labor unions, public jobs and pensions) in order to garner money for their re-election bids. We should ask: might there be a conflict of interest when it comes to some policy changes for politicians who have moved from the corporate world into public office and whose motive for service is market-based profit and/or self-interest?

The results of wealth being transferred to “disaster capitalists” while hundreds of thousands of people are subject to human rights’ abuses, mass poverty, repression, and other forms of political, economic, psychological and physical terrorism – “policies of dispossession” – are fully substantiated and documented. As many of us are aware, free market strategies have capitalized on national emergencies to meet objectives by initiating a “manufactured” debt crisis or through price and currency “shocks” crafted by a volatile and deregulated economy.

The global free market economy has proliferated unchecked corruption manifested in lucrative private contracts, tax cuts, and redistribution of public wealth to existing (or now defunct) profit-driven billionaires, corporations and banks such as the Koch Brothers, Halliburton, Blackwater, Lockheed Martin, FEMA, Fluor, Shaw, Bechtel, CH2M Hill, New Bridge Strategies, Ash Britt, Service Corporation International, Entergy, CACI, Booz Allen Hamilton, Koch Industries, Searle Pharmaceuticals, Monsanto, Wal-Mart, Intel, Caterpillar, Microsoft, IBM, Exxon Mobil, Shell, BP, Chevron, Goldman Sachs, Morgan Stanley, JPMorgan Chase, Bank of America, Citigroup, Wells Fargo, Merrill Lynch, Washington Mutual, Arthur Andersen, AIG, Fannie Mae, Freddie Mac, Bear Stearns, Lehman Brothers, Enron, WorldCom, Adelphia, Global Crossing, Tyco, Sunbeam, ImClone, to name just a few.

Behind the entire plutocratic “corporatist crusade” are also wealthy, influential “think tanks” such as the Charles Koch Foundation, Cato Institute (Koch founded), the Heritage Foundation, Americans for Prosperity, American Enterprise Institute, Freedom Works, Hoover Institution, the Carlyle Group, Milken Institute, Mercatus Center (at George Mason University), Club for Growth, the Heartland Institute, the Tax Foundation, the Reason Foundation, Citizens for a Sound Economy, the State Policy Network, the Leadership Institute, the Competitive Enterprise Institute, the Illinois Policy Institute, the Civic Committee of the Commercial Club of Chicago, the Civic Federation, et al.

-Glen Brown

Sources:

Johnston, David Cay. Free Lunch: How the Wealthiest Americans Enrich Themselves at Government Expense (and Stick You with the Bill). New York: Penguin Books, 2007.

Klein, Naomi. The Shock Doctrine: the Rise of Disaster Capitalism. New York: Picador, 2007.

Reich, Robert B. Aftershock: the Next Economy & America’s Future. New York: Vintage Books, 2010.


Can American Democracy Survive?

 

 

We are living through a moment that has forced us to confront an old question with new urgency: Can American democracy survive?

This much is true: Our democracy will not be saved by strongly worded criticisms, viral videos, news clips, frustrated screeds from public figures, or even court decisions alone. It will thrive only when people decide, again and again, that our democracy belongs to us, our leaders are elected by us, and that we are responsible for building and defending it. That conviction runs through every work in this anthology.

In response to the question, “What will it take for democracy not only to survive but to thrive in the future?” the winners of Democracy Defenders Fund’s Future of Democracy Prize offer answers grounded in community, racial justice, imagination, and policy reform. They write with a clear-eyed understanding that democracy is built from the bottom up and that systems failing ordinary people must be challenged and changed. From their vantage point, democracy must be practiced, defended, and renewed everywhere: in neighborhoods and schools, public offices and places of worship, through art and organizing, and in the everyday acts of solidarity that bind communities together.

When we launched this prize, we placed only two requirements on entrants — age and U.S. citizenship. We spread the word through influencers, college newspapers, local libraries, social media, and in small towns and big cities, hoping to hear from people whose experiences and perspectives might not otherwise find their way into a national conversation about democracy. What we received was deeply encouraging. The winning works — nine essays, a short film, and a cross-stitch project — describe democracy as something people experience, shape, and build where they live. That gave me hope. Because their words are hopeful.

Before coming to Democracy Defenders Fund, I spent most of my career defending democracy in countries where people had learned not to expect institutions or their (mostly) authoritarian leaders to save them. In Ukraine, Russia, Central Asia, Turkey, Hungary, and Poland, I watched citizens fight back with whatever tools they had: independent newspapers, coalitions, protests, art and music, and community networks. They built power where they stood, with whatever space they had, and they refused to let authoritarianism go unchallenged. At times that came with great personal risk.

What makes the United States different — and what gives me genuine optimism — is our long history of building democracy and the hard-won successes. We have checks and balances in America. Even now, we have institutions capable of withstanding enormous pressure. 

But history teaches us that those institutions do not hold on their own. They hold only when people act to defend them. When people respect the norms and values they represent. Protecting the constitutional right to birthright citizenship, for example, required people to immediately speak out, organize, and challenge the Trump administration in the court of law. The Supreme Court ultimately provided the essential check, but it could do so only because people — supported by attorneys from the ACLU, Democracy Defenders Fund, and other organizations — were willing to bring the fight to the courts. And were willing to share their stories so that people understood what was at stake.

At Democracy Defenders Fund, we approach the business of defending our democracy through the courts, legislatures, other levers of public power, and in the court of public opinion. The young people whose work appears in this anthology, too, approach democracy from the latter vantage point. They define democracy as a sense of whether people feel it belongs to them and whether they believe their own voices can make a difference. That perspective is precisely why we created this project.

Democracy is stronger when people feel that their voices matter between elections, not only on Election Day. People being civically engaged is what makes democracy work and sustains the entire democratic enterprise.

Democracy Defenders Fund will continue to fight in courtrooms to protect voting rights and elections, to counter corruption, and to uphold the rule of law. Our work ensures that now and, in the future, the public can act, organize, dissent, imagine, build, and simply be. Every success for us or the broader pro-democracy movement creates the conditions in which new leaders, new movements, and new visions can take root and ultimately thrive.

We intend to ensure that when these young people take the reins of power — with all the passion and imagination they possess — they can do so in a country where the rules still permit them to build and work toward a democracy that will make their lives better.

That is what makes this project so important to me. The work in this anthology reminds us that defending democracy is not simply about preventing what is worst. It is also about making possible what comes next, what is better. The Civil Rights Movement made us better, but it did not make us perfect. 

Democracy is a journey not a destination. I hope you read these essays with the same humility, urgency, and hope they inspired in us, and with a renewed commitment to the work ahead in the courts, in our communities, in the streets, and everywhere democracy is being made.

Susan Corke is executive director of Democracy Defenders Fund. For more information: Democracy Defenders Fund


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Friday, September 4, 2026

Ukrainian Hospitality Traditions

 


Ukraine has a long tradition of hospitality — one where welcoming a guest is more than simply opening the door. It’s about sharing food, making room at the table, and treating visitors with warmth and respect.

🍞 Bread and salt have long been among Ukraine’s most meaningful symbols of welcome. Guests may be greeted with a round loaf of bread, often placed on an embroidered rushnyk (traditional Ukrainian cloth), together with salt. The gesture represents respect, friendship, and good wishes.

🏠 A guest is meant to feel at home. Ukrainian hospitality traditionally means offering visitors the best you have — whether that’s a home-cooked meal, a comfortable place to sit, or simply a warm cup of tea and conversation. Even an unexpected visitor might be encouraged to stay for a meal.

🍲 Food brings people together. A Ukrainian table might feature dishes such as varenyky, holubtsi, borscht, pampushky, or homemade bread. Sharing a meal isn’t just about eating — it’s a way of connecting, celebrating, and showing care.

🌾 The Ukrainian table carries meaning. Traditional foods and customs are often connected to the seasons, family celebrations, and the agricultural heritage of Ukraine. Many recipes have been passed down through generations, keeping family stories alive along with the food.

🧵 The rushnyk is more than decoration. These embroidered cloths have played an important role in Ukrainian traditions for generations. Their patterns and symbols can represent wishes for happiness, prosperity, protection, and a strong connection to family and homeland.

Hospitality continues today. Whether welcoming relatives, friends, travelers, or strangers, Ukrainians have a reputation for offering warmth and generosity. In difficult times, this spirit of hospitality has remained an important part of Ukrainian culture.

Ukrainian hospitality is ultimately about sharing what you have and making another person feel welcome. It’s found around family tables, in village homes, at celebrations, and in the simple act of offering someone a place to sit.

At Ukrainian Apparel, we celebrate the people, traditions, places, and stories that make Ukrainian heritage so unique. Every design we create is more than something to wear — it’s a way to carry a piece of Ukraine with you and help keep these stories alive.

Thank you for helping us celebrate Ukrainian heritage.


Thursday, September 3, 2026

A Pathological Narcissist ranks himself the greatest US president ever. Historians beg to differ.

 


Trump has declared himself to be the “greatest” US president ever, sharing a post on social media last week which graded him above the likes of Abraham Lincoln, Franklin D Roosevelt and George Washington. 

Experts take a different view. Few presidential historians have previously suggested Trump holds such a place in the history books.  After all, neither Lincoln, nor Roosevelt, nor Washington – the three leaders typically seen as America’s best – orchestrated an insurrection. None were impeached. And none of them were convicted of felonies over hush-money payments to a porn star-turned-ghost hunter.

Trump has made clear how he feels about his performance. Does the president’s self-assessment match reality?

“It’s not consistent with the findings of the surveys we’ve conducted,” said Justin Vaughn, a political science professor at Coastal Carolina University and the co-creator of the Presidential Greatness Project, which polls experts to rank US presidents. “It’s also not consistent with other surveys that have been conducted over the last several years.”

Trump posted his presidential rankings last Thursday. It separated US presidents into six categories, from “greatest” to “failures”: he stands alone in the “greatest” grouping. The image in his post appears to have been adapted from a 1948 article in Life magazine, in which the historian Arthur M Schlesinger Jr muses about “what makes a president great or a failure” – that publication date would explain why certain presidents, including Ronald Reagan, Richard Nixon and both Bushes, are missing.

The original image didn’t have a “greatest” category – someone has retrospectively created that – while Joe Biden, Jimmy Carter and Barack Obama have all been inserted in the “failures” category. Bill Clinton, perhaps surprisingly given the years Trump has spent attacking him, was deemed to be “average”.

Yet the most recent Presidential Greatness Project survey, which asked 154 academics about presidents, had rather different findings. It saw Trump ranked dead last, below even James Buchanan, who is frequently blamed for not averting the civil war. 

The survey asked academics to rank each of the 45 presidents from 0 to 100, with 0 being “failure” and 100 meaning “great”. Lincoln was No 1, with an average rating of 93.87. Trump got a rating of 10.92.

Trump performed slightly better in a Siena University poll of 141 presidential scholars in 2022. In that study, he was ranked only third-to-last, besting Buchanan and Andrew Johnson, who succeeded Lincoln, but opposed federal protections that would guarantee enslaved people’s rights to citizenship.

The Siena study also asked academics to rank presidents in various categories including “background”, “executive ability” and “leadership ability”. Trump was ranked 45th, out of 45, in the “integrity” and “intelligence” categories.

Trump might find some solace, however, in the fact that he has managed to unite academics on both the left and right of the political spectrum. “We break down our results between self-identified Democrats or self-identified conservatives or Republicans,” Vaughn said. “When you look at the statistics of the Republican respondents versus the Democratic respondents, the Republicans also view Trump very poorly.”

Davis Ingle, a White House spokesperson, said: “President Trump is solely focused on fighting every day to deliver the strong, safe, and prosperous country that we all deserve. The only legacy President Trump is concerned with is making America greater than ever before. “But when all is said and done, this President will undoubtedly go down as the most successful and consequential president in modern American history.”

Whether this prediction will come to pass will depend on how history treats Trump. Americans “have a kind of a golden glow about most ex-presidents”, said Barbara Perry, a professor in presidential studies​ at the University of Virginia, who noted that leaders have shifted in rankings over the decades, as their tenures are reassessed.

In any case, Trump’s personal rankings offered an insight into the presidents he admires. The “greatest” category included only Trump; under “great” came Lincoln, Roosevelt and Washington. “Near great” included Theodore Roosevelt and Grover Cleveland, who like Trump, served nonconsecutive terms as president.

Unfortunately, Perry, as with Vaughn, took issue with Trump’s ranking. “In no universe of scholars, I believe, would Donald Trump be in the ‘great’ category, the ‘greatest’ category, ‘near great’ category,” she said. “My view as a scholar and a constitutional historian would be that his promotion of the insurrection of January 6, and his continuation of perpetuating this view that Joe Biden stole the election: that is undermining the American constitutional system, the rule of law,” added Perry.

“Not to mention the racism and the bias against anybody who’s not a white Anglo-Saxon Protestant. So, all those things will work against him, I believe, throughout history.” 

-Adam Gabbatt, NewsBreak

 

"Democrats should press candidates who claim to be serious about bold, structural reform to spell out what they think is necessary to revamp the Supreme Court"


 

On NBC’s Meet the Press, veteran lawmaker Rep. James Clyburn (D-SC) emphatically urged expanding seats on the Supreme Court from 9 to 13 justices. “A baker’s dozen would be a good number to have on the court,” he said. Court expansion, no longer the province of left-leaning academics thanks to the MAGA justices’ radicalism, has become an indisputably mainstream, pro-democracy response.

In truth, increasing the seats on the Supreme Court amounts to rebalancing. Majority Leader Senator Mitch McConnell (R-KY) packed the court when he denied Merrick Garland a hearing during President Obama’s term — yet rushed through Amy Coney Barrett’s confirmation once election voting was already underway in 2020. 

Rebalancing to establish the proper equilibrium among the branches (i.e., reversing the MAGA justices’ investiture of the authoritarian executive power in Trump and their contemptuous disregard for Congress’s constitutional powers) is fundamental to preserving our constitutional system.

Increasing the number of seats on the court begins with a solid base of support. A June Marquette Law School poll showed the public split 50-50 on adding seats, up from just 42 percent support in 2019. Since 2021, support has varied between 48 and 52 percent, even without a nationally focused campaign on the issue. Simply because other proposals have even more support (the same poll shows term limits has approval from 73 percent of Republicans, 71 percent of independents, and 87 percent of Democrats) does not mean court expansion should be disregarded.

Indeed, fearing that court expansion might be catching on, the MAGA House majority Wednesday introduced a constitutional amendment freezing the number of justices at nine, confirmation that — absent such a measure — court expansion by statute is unquestionably constitutional. (It failed to win 2/3 required approval with only a single Democrat voting with Republicans.) 

Ironically, the stunt underscores that nine is an arbitrary number, carrying no historical or constitutional significance. (Unsurprisingly, the GOP, which is beholden to dark money purveyors such as court fixer Leonard Leo, leaves out other overwhelmingly popular reforms, such as a mandatory ethics code.)

In opposing the gambit, the progressive group Demand Justice released a statement explaining: Court expansion is the only court reform option that would promptly redress the 6-3 supermajority, which is itself the result of a partisan power grab. When the American people are counting on congressional Democrats to be the last line of defense against the Administration’s assault on the rule of law, it is more critical than ever to fight MAGA power grabs.

Noting that MAGA justices’ hugely unpopular and constitutionally flawed decisions in the Callais and Dobbs decisions have prompted trust in the court to decline and support for serious reform to spike, Demand Justice urges Congress to keep expansion as a viable option, observing that the “most persuasive argument in favor of expansion is the aggressive approach of the Court itself: the right-wing majority will continue to dramatically remake the law to favor the oligarchy.”

 

In the current environment, many Democrats nevertheless remain skittish about expanding the court, citing FDR’s failed New Deal scheme some 90 years ago. But as the bipartisan court commission assembled by President Biden recalled, “Soon after [FDR’s] plan was announced, the Supreme Court issued a series of decisions upholding state and federal regulation of the economy. . . . [which] left in place Roosevelt’s existing New Deal and ended an era in which the Court frequently invalidated laws designed to protect workers, consumers, and the public.” In short, it worked.

Bottom of Form

Democrats too often shy away from proposals such as court expansion for fear of triggering blowback from Republicans — who championed McConnell’s court-packing. Avoiding a meritorious reform simply because it will upset Republicans or does not already have sky-high approval reveals bizarre timidity and reflects a mindset that ignores the key role that persuasion and debate play in politics. A lengthy list of issues (from data centers to corruption to abolishing ICE) were not “winners” with voters until advocacy groups pushed to educate voters, independent media elevated them, and forward-leaning politicians took the lead.

What is key in the current environment is that dissatisfaction with the MAGA partisan Supreme Court is high (and likely to intensify with each new gift served up to their White House patron). This makes the rationale for serious, substantial restructuring of the court even more compelling.

Taken before the MAGA majority’s latest cringeworthy decision (allowing Donald Trump to build his ghastly ballroom), the Marquette poll found, for example, that 61 percent of Americans understand “the United States Supreme Court is ruling for President Donald Trump ‘almost always’ or ‘most of the time,’” and some 57 percent (including 60 percent of independents) say “the Court is going out of its way to avoid a ruling Trump might refuse to obey.” A captive, quisling court that has distorted the executive branch in direct contravention of the Framers’ vision (shaped by overwhelming fear of creating another monarch) is a court that requires dramatic, immediate repair.

Democrats should emphasize that court redesign is required because the MAGA majority (created by Republican confirmation shenanigans) has arrogantly rejected fundamental judicial norms (e.g., eschewing an enforceable ethics code, abusing the shadow docket to render opinions without judicial reasoning, shredding precedent when it suits them), and taken a sledgehammer to checks and balances (e.g., granting Donald Trump criminal immunity, destroying independent commissions).

Ideally, combining term limits for future justices with court expansion would be the fastest, most comprehensive, and effective way to rescue our democratic structure. Certainly, term limits on justices would help address concerns about diversity, a geriatric court, and hyper-partisanship — with the hope that more frequent appointments with term limits would reduce partisan frenzy surrounding court fights. 

While proponents are confident it could be done statutorily, this Supreme Court majority might not agree. Moreover, changing the composition of the court only by periodic retirements/replacements would be time-consuming, leaving the country at the mercy of MAGA constitutional destruction for years.

Democrats would do well to think more like the Republicans who readily claim a “mandate” after elections. If Democrats win the trifecta in 2028 under the banner of bold pro-democracy reform, their mandate certainly should include court rebalancing as part of their democracy restoration project.

Only a few of the potential 2028 Democratic presidential contenders (e.g., Pete Buttigieg) have embraced court expansion, but most have not ruled it out. However, Democratic voters have a critical role to play in promoting a wide-ranging debate in the next presidential cycle: What will it take to return the Supreme Court to its proper role and recover our constitutional order? Thanks to Clyburn, that issue is squarely before the party.

Democrats should press candidates who claim to be serious about bold, structural reform to spell out what they think is necessary to revamp the Supreme Court. They should not minimize the threat the current MAGA court poses, nor trim their sails to avoid incurring the ire of those who have pummeled our democracy. As long as the MAGA court majority remains hostile to pluralistic democracy and to the restoration of our constitutional structure, it will block progress on virtually all serious issues —dark money, abortion, voting rights. Democrats must decide if they are resigned to that fate.

 -Contrarian 


Wednesday, September 2, 2026

"It will be a disaster for democracy should Trump manage to win this legal battle and limit mail-in voting"

 

In his crusade to undermine American democracy, Donald Trump doesn’t have to win to win. He only needs to create a mess.

Look at this week’s news. There were several court actions regarding Trump’s outrageous attempt to restrict mail-in voting for the midterms. The back-and-forth was confusing, as the Supreme Court undid a lower court’s decision that had blocked key components of Trump’s plan. The US Postal Service then announced it would proceed with Trump’s scheme, but a federal judge subsequently issued a temporary restraining order that prevented the USPS from moving ahead. The legal fight is continuing, with mail-in voting due to begin within several weeks in some states.

So…chaos. Which is what Trump desires. Surely, he wants to succeed in severely limiting mail-in balloting—an obsession of his that seems patently unconstitutional, given that the founders handed the authority to run and oversee national elections only to the states and Congress. But he also triumphs if his shenanigans foster uncertainty.

It will be a disaster for democracy should Trump manage to win this legal battle and limit mail-in voting.

Many voters do not follow the ins and outs of electoral law. As with most issues, they hear and see snatches of news and miss key developments and important details. It can be tough to be fully informed on this front. But if voters receive the impression that mail-in ballots might not count, might not be permitted, or might expose a voter to extra scrutiny, some voters might not bother to vote or might be intimidated from voting.

It will be a disaster for democracy should Trump manage to win this legal battle and limit mail-in voting. Eight states run elections primarily by mail: California, Colorado, Hawaii, Nevada, Oregon, Utah, Vermont, and Washington. So does Washington, DC. And several other states rely heavily on mail-in ballots. But even if the courts ultimately reject his assault on postal voting, the confusion he’s sowing could, to a degree, subvert the election…

-Mother Jones


"There’s a whistleblower addressing the USPS plan to implement Trump’s EO on mail ballots"

 


Most federal workers are covered by the Whistleblower Protection Act. Postal workers aren’t covered by the Act, but they are covered by parallel internal rules that protect them from retaliation if they report violations of law, rules, or regulations; gross mismanagement; gross waste of funds; abuse of authority; or a substantial danger to public health or safety. Those protections turn out to be very important. 

Today, an anonymous federal employee—it’s unclear what agency they work for—came forward with allegations that the Postal Service (USPS) is pushing forward to implement Trump’s executive order on mail voting in a manner that will throw Americans’ ability to cast a mail-in ballot into jeopardy in November. And all of this is happening as North Carolina prepares to begin mailing out ballots on Friday. Other states will follow.

You can read the full whistleblower disclosure here. In a cover letter transmitting it to Postmaster David Steiner, Senator Richard Blumenthal wrote, “The whistleblower’s allegations make clear that USPS lacks the technical or operational capability needed to effectively implement the EO’s provisions in a way that safeguards every citizen’s right to vote in the upcoming midterm elections. Despite this, the Trump Administration appears intent on USPS moving forward with its flawed plans, no matter the chaos they may create.”

The most important revelations in the whistleblower complaint involve USPS’s creation of a Federal Ballot Mail Portal for uptake of state voting lists, including barcoded ballot envelopes.

The “Zero Fail” system is designed to fail: Senator Blumenthal said earlier today that “The Postal Service has designed a system to disenfranchise millions of Americans.” That’s the case because as large batches of ballots are delivered to the Postal Service, if even one doesn’t match, say due to a name or address change, all of the ballots in that group will be returned to local election officials, and nothing moves forward until the mismatch is cleared.

Inadequate testing of the rushed system: The whistleblower says USPS is trying to build a system that should take a year or more of work in just three months, with continuously changing requirements for what the system should look like and some directions not put into writing. (When has the government ever failed to put every last detail into writing? 

If that’s not a red flag…) In some instances, USPS bosses gave the developers as few as four days for user testing. The whistleblower reported that “In just the week prior to September 1, 2026, the Whistleblower learned that IT workers have described the election ballot mail development process as ‘a shit show.’”

Possible violation of court order: It appears from the dates referenced in the complaint that the Postal Service, which initially stopped work on the portal after Judge Talwani entered her injunction, resumed work several days later. 

That comes as no surprise in an administration that has a history of failing to comply with court orders. Here, the administration is sure to brush the failure off as a technical matter and point to the fact that the Supreme Court lifted the stay. How this will turn out depends on the details and bears careful watching.

Senator Blumenthal has demanded that the USPS stop work on the Portal and that it provides an accounting to the Senate Permanent Subcommittee on Investigations. A Postal Service spokesperson said that the agency was “carefully reviewing the concerns" and that it “welcomes oversight and is committed to transparency.”

The bottom line is that like the Justice Department and other executive branch agencies, the Postal Service isn’t supposed to have a dog in the hunt when it comes to who wins (or loses) our elections. Their only job should be facilitating receipt and return of mail ballots. 

Trump’s effort to weaponize the Postal Service to influence the outcome of elections and disenfranchise American voters really says it all.

And we should never focus so much on the details that we forget the context: No one works this hard to keep eligible citizens from voting unless they are truly, deeply frightened of what will happen if Americans are able to exercise their rights. We should never forget that. Our responsibility is to do whatever it takes to vote this year.

What’s Donald Trump’s endgame here? The situation is a win-win for him if we don’t stay on top of it, understand what he’s trying to do, and outsmart him. First off, Trump can try to keep people from voting by eliminating mail voting as a prospect for them. 

In the six states where most voting is done by mail, this could amount to game-changing voter suppression. And even where ballots are successfully mailed and collected, this is still creating chaos around the elections. 

Chaos can keep people from voting, especially if it becomes too difficult to figure out what the right thing to do is, or when misinformation and disinformation about voting is spread.

And finally, this gives Trump a narrative. If the courts rule against him and the Republican Party fares poorly in November, he’ll claim it’s due to fraud because the courts blocked his plan. Even if he wins in court, he’ll claim that the delay in implementing his executive order meant he couldn’t do everything he wanted to and use that to cast doubt on Democratic gains.

There’s no doubt he’ll use this situation every way we can. So, what do we do?

First, if you plan to vote by mail, apply for your ballot as early as you can. And be aware of deadlines for both requesting and returning your mail-in ballot. You can find that for each state, along with information on how to track your ballot and make sure your vote gets counted, here.

Second, what do you do if you request a mail ballot and it never arrives? The rules vary by state. The Brennan Center explained it in the context of the 2020 election, where there were issues with receipt of mail ballots by voters. In states like Georgia, there was no problem. If you didn’t receive your ballot in the mail, you could go to your polling place and vote a regular ballot. But other states force people who applied for a mail ballot and didn’t receive it to vote a provisional ballot. Some states want you to bring your mail ballot with you if you asked for one but change your mind and vote in person.

And then there’s a practical issue: If there’s a huge uptick in voting in person after asking for a mail ballot, will polling places have a sufficient quantity of provisional ballots on hand? This is the kind of chaos Donald Trump is driving. It means we have to be more disciplined about exercising our right to vote. 

But understanding that this is an issue is a big part of getting it right. Make sure you look up your state law and understand how it works. Look into whether county officials plan to have extra amounts of provisional ballots on hand if you’re in a state that will require them and get together with friends now to ensure your local election officials understand the issue (most of them do!) and are getting prepared.

Third, be the civics education our states and counties need right now! Share this information with friends and neighbors and make sure they’re prepared too.

Fourth, and most importantly, do vote! Remember our North Star: no one would try this hard to take your vote away unless they were desperately afraid of the outcome of a free and fair election. Whatever else you do, make sure you vote. Let’s be the result that they’re afraid of. We’re the cavalry.

We’re in this together,

Joyce Vance