The Political Scene | The New Yorker

Since the founding of the nation, just 116 people have served as Supreme Court Justices; the 116th is Ketanji Brown Jackson, appointed by President Biden in 2022. Jackson joined a Court with six conservative Justices setting a new era of jurisprudence. She took her seat just days after the Dobbs decision, when Justice Samuel Alito’s majority opinion overturned Roe v. Wade. She wrote a blistering dissent to the Harvard decision, which ended affirmative action in college admissions, in which she accused the majority of a “let-them-eat-cake obliviousness” to the reality of race in America. She also dissented in the landmark Presidential-immunity case. Immunity might “incentivize an office holder to push the envelope, with respect to the exercise of their authority,” she tells David Remnick. “It was certainly a concern, and one that I did not perceive the Constitution to permit.” They also discussed the widely reported ethical questions surrounding the Court, and whether the ethical code it adopted ought to have some method of enforcement. But Jackson stressed that whatever the public perception, the nine Justices maintain old traditions of collegiality (no legal talk at lunch, period), and that she sometimes writes majority opinions as well as vigorous dissents. Jackson’s recent memoir is titled “Lovely One,” about her family, youth, and how she got to the highest position in American law.

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The Washington Roundtable discusses how people in D.C. and across the country are preparing themselves for Donald Trump’s second Presidency, and what tools citizens have to protect their rights and push back on abuses of power. The American Civil Liberties Union has called attention to the strategies of litigation, legislation, and mobilization—strategies that are proven to work. David Cole, a former legal director of the A.C.L.U. and a professor of law and public policy at Georgetown University, joins Susan B. Glasser, Jane Mayer, and Evan Osnos to discuss the checks and balances that exist as guardrails in government and civil society, and how those may be utilized in the coming four years.

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The New Yorker staff writers Dexter Filkins and Clare Malone join Tyler Foggatt to examine Donald Trump’s appointments of former congressman Matt Gaetz and Robert F. Kennedy, Jr., to his Cabinet.Gaetz, who has been nominated for Attorney General, is one of Trump’s most vociferous defenders and the former subject of a sex-trafficking investigation run by the Department of Justice. (Gaetz has denied all allegations.) Trump has chosen Kennedy to lead the Department of Health and Human Services, giving one of the world’s most prominent anti-vaccine activists broad powers over public health. How would these men reshape the legal and medical infrastructures of our federal government? And will they even be confirmed?

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American voters have elected a President with broadly, overtly authoritarian aims. It’s hardly the first time that the democratic process has brought an anti-democratic leader to power. The political scientists Steven Levitsky and Daniel Ziblatt, who both teach at Harvard, assert that we shouldn’t be shocked by the Presidential result. “It’s not up to voters to defend a democracy,” Levitsky says. “That’s asking far, far too much of voters, to cast their ballot on the basis of some set of abstract principles or procedures.” He adds, “With the exception of a handful of cases, voters never, ever—in any society, in any culture—prioritize democracy over all else. Individual voters worry about much more mundane things, as is their right. It is up to élites and institutions to protect democracy—not voters.” Levitsky and Ziblatt published “How Democracies Die” during Donald Trump’s first Administration, but they argue that what’s ailing our democracy runs much deeper—and that it didn’t start with Trump. “We’re the only advanced, old, rich democracy that has faced the level of democratic backsliding that we’ve experienced. . . . So we need to kind of step back and say, ‘What has gone wrong here?’ If we don’t ask those kinds of hard questions, we’re going to continue to be in this roiling crisis,” Ziblatt says.

 The second Trump Administration might dramatically reshape the foundations of the federal government for decades to come. Meanwhile, the Democratic Party is reckoning with what could be interpreted as a generational rebuke of its platform and presentation. But is this the beginning of a mass political realignment in the United States? And how will politicians communicate their platforms in a world where the “attention economy” has so radically shifted? Author, political commentator, and MSNBC host Chris Hayes joins guest host Andrew Marantz for an election postmortem and to discuss where the Democrats go from here.

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The Washington roundtable is joined by David Remnick, the editor of The New Yorker, to discuss how Donald Trump, a convicted felon and sexual abuser, won both the Electoral College and the popular vote—a first for a Republican President since 2004. Democrats lost almost every swing state, even as abortion-rights ballot measures found favor in some conservative states. On this crossover episode with The New Yorker Radio Hour, they discuss Kamala Harris’s campaign, Trump’s overtly authoritarian rhetoric, and the American electorate’s rightward trajectory. 

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Four years after refusing to accept defeat and encouraging a violent insurrection at the U.S. Capitol, Donald J. Trump has once again been elected President of the United States. The former President, who in the past year alone has been convicted of a felony and has survived two assassination attempts, campaigned largely on a platform of mass deportations, trade wars, and retribution for his detractors. On Tuesday, he secured the Presidency thanks to a surge of rural voters, high turnout among young men, and unprecedented gains with Black and Latino populations. What does a second Trump term mean for America? Clare Malone and Jay Caspian Kang, who’ve been covering the election for The New Yorker, join Tyler Foggatt to discuss how we got here, and the uncertain future of the Democratic Party.

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In recent weeks and months, dozens of prominent security and military officials and Republican politicians have come out against Donald Trump, declaring him a security threat, unfit for office, and, in some cases, a fascist. Way out in front of this movement was Liz Cheney. Up until 2021, she was the third-ranking Republican in Congress, but after the January 6th insurrection she voted to impeach Trump. She then served as vice-chair of the House Select Committee on the January 6th attack. She must have expected it would cost her the midterms and her seat in Congress, which ended up being the case when Wyoming voters rejected her in 2022. Since then, Cheney has gone further, campaigning forcefully on behalf of Vice-President Harris. David Remnick spoke with Cheney last week at The New Yorker Festival, shortly after Jeff Bezos, owner of the Washington Post, blocked its planned endorsement of Harris. “It absolutely proves the danger of Donald Trump,” Cheney said. “When you have Jeff Bezos apparently afraid to issue an endorsement for the only candidate in the race who’s a stable, responsible adult, because he fears Donald Trump, that tells you why we have to work so hard to make sure that Donald Trump isn’t elected,” Cheney told Remnick. “And I cancelled my subscription to the Washington Post.”

The Washington Roundtable discusses the 2024 election with the historian Michael Beschloss, before a live audience at The New Yorker Festival, on October 26th. He calls this election a “turning point” as monumental as the election of 1860—on the eve of the Civil War—and that of 1940, when the U.S. was deciding whether to adopt or fight Fascism. “I think Donald Trump meets most of the parts of the definition of the word fascist,” Beschloss says. “You go through all of American history, and you cannot find another major party nominee who has promised to be dictator for a day, which we all know will not be only for a day.” But, if Trump does return to the White House, he adds, there is still hope that the rule of law, public protest, and the presence of state capitals free of federal domination will allow the U.S. to resist autocracy.

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At Donald Trump’s rally at Madison Square Garden this past weekend, the comedian Tony Hinchcliffe called Puerto Rico an “island of garbage.” In the swing state of Pennsylvania, which is home to nearly half a million people of Puerto Rican descent, the fallout from Hinchcliffe’s offensive remarks threatens to shift the balance of the Latino electorate. The New Yorker contributing writer Geraldo Cadava joins Tyler Foggatt to discuss the public response to the rally and why the Republican Party has appealed to Latino voters in recent years. “In all of the interviews of Latino Republicans that I’ve done over the past several years, they will point to real concerns they have about crime, safety, charter schools, immigration, the economy that they feel like the Democrats haven’t had an answer for,” Cadava says. 

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