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Gorsuch Supreme Court Fight Puts Heat on Trump-State Democrats – Bloomberg

The battle over Neil Gorsuchs nomination to the Supreme Court will likely hinge on the votes of 10 Democratic senators who face re-election next year in states President Donald Trump won in November.

That is setting off a furious battle between liberal and conservative groups for the votes of senators, including Heidi Heitkamp of North Dakota and Joe Donnelly of Indiana. Liberals plan an all-out campaign to argue that working-class voters will lose with Gorsuch on the court, while the conservative Judicial Action Network is running a $10 million ad campaign geared toward persuading those Democrats to back him, or at least allow a final Senate vote.

Theyre going to have to pick a side, said Carrie Severino, the Judicial Action Networks chief counsel and policy director. If they dont appeal to their states as a whole, theyre not going to be able to win re-election.

Senate Democratic leaders face intense pressure from their energized party base to oppose Trumps nominees, particularly for the high court. They also want to protect the 10 members in Republican-leaning states, even though they have little chance of taking Senate control in 2018. Republicans hold a slim 52-48 majority but have only two incumbents -- Jeff Flake of Arizona and Dean Heller of Nevada -- in competitive races next year.

Senate rules require 60 votes to advance a Supreme Court nomination. While Trump publicly urged Majority Leader Mitch McConnell to go nuclear and end filibusters if Democrats try to block Gorsuch, the administrations strategy has shifted to seeking the 60 votes needed to end a filibuster, said Leonard Leo, executive vice president of the conservative Federalist Society. Hes on leave to advise the White House on the confirmation.

There are senators who have generally been open to hearing what Republicans have to say and offer, said Leo. And theyll be weighing carefully their options in relation to the 2018 cycle.

Gorsuch, 49, nominated to replace the late Justice Antonin Scalia, is meeting individually with senators this week to seek their support. Two of the Trump-state Democrats, Joe Manchin of West Virginia and Jon Tester of Montana, have already met with Gorsuch and say theyre swayable.

I have not made a decision yet on that, but I am open, Tester said. He said he and Gorsuch discussed issues related to the Clean Water Act, abortion and campaign finance.

Senate Minority leader Chuck Schumer met with Gorsuch Tuesday and told reporters he was a "very smart" and capable man who likes being a judge.

"But his nomination comes at a perilous time in the relationship between the executive and judicial branches," said the New York Democrat, who said it was "more imperative than ever" that the Supreme Court will serve as a check to the Trump administration.

Leo said theres an all-out push to convince Trump-state Democrats to provide 60 votes to advance Gorsuch to a confirmation requiring a simple majority, even if they ultimately dont back him.

Curtis Levey, a constitutional law attorney for FreedomWorks, a Tea Party group backing Gorsuch, called such a split of votes a halfhearted filibuster, and that may be the likely path for Gorsuch to reach the high court.

Thats how Justice Samuel Alito was confirmed in 2006, Levey said. Then, 19 Democrats voted with Republicans to end a last-minute filibuster of Alito on a 72-25 vote. Minutes later in the final vote, just four Democrats joined Republicans and Alito was confirmed, 58-42.

Trying to fend that off, liberal groups, including the Leadership Council for Civil and Human Rights and NARAL Pro-Choice America, are holding rallies and visiting local offices of the Trump-state Democrats.

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Of the 10 senators, Sherrod Brown of Ohio and Tammy Baldwin of Wisconsin have said theyll oppose Gorsuch, at least in a final vote. Brown said his decision centered on his view that Gorsuch would only add to a high court that under Chief Justice John Roberts has issued decisions tilted too much toward corporations.

In interviews this week, two others said they are apprehensive about Gorsuch but havent made a decision. Bob Casey of Pennsylvania said he has real concerns about some of Gorsuchs rulings, but said hes still in the early stages of review.

Bill Nelson of Florida said hell meet with Gorsuch soon, but also noted that hes hearing from constituents who are concerned that the addition of another judge to the courts conservative wing will harm minority voting rights.

People in Florida are petrified that theyre going to make it harder for them to vote, he said.

Debbie Stabenow of Michigan said last week she was also undecided but was deeply angered that Senate Republicans refused to consider former President Barack Obamas nomination of Merrick Garland to fill Scalias seat for the last 10 months of Obamas presidency.

Heitkamp of North Dakota and Claire McCaskill of Missouri will meet with Gorsuch Wednesday. McCaskill says shes taking a time-out in talking about the confirmation, after being accused of folding to Trump for saying on Twitter that she believes Gorsuch deserves a hearing and a vote.

Im not talking about the Supreme Court nominee at all, in any way, McCaskill said. I just dont think its a good idea at this point. I just want to wait and learn and I dont want to get out ahead of it. There is way too much interest in trying to gin up opposition.

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Gorsuch Supreme Court Fight Puts Heat on Trump-State Democrats - Bloomberg

Democrats promise to fight threats to kill net neutrality – CNET – CNET

Senate Democrats say they'll fight to keep net neutrality rules in place.

Six Democrats in the Senate say the Trump administration will have a major fight on its hands if Republicans try to dismantle net neutrality protections.

At a press conference Tuesday, Ed Markey of Massachusetts led a group of senators that included Charles Schumer of New York, Ron Wyden of Oregon, Richard Blumenthal of Connecticut, Al Franken of Minnesota and Patrick Leahy of Vermont in supporting "strong net neutrality rules." The group said it will not allow action by the Federal Communications Commission or Congress that "undermines those rules."

"Despite what the cable companies and Republicans say about net neutrality, there is nothing broken that needs fixing," said Sen. Markey, a member of the Commerce, Science and Transportation Committee.

Markey added that he'd oppose any regulatory efforts to repeal, or any refusal to enforce, existing rules, as well as any legislative efforts to roll back the rules. Schumer, who leads the Senate Democrats, promised "fierce resistance" if Republicans try to roll back protections.

The press conference comes as new FCC Chairman Ajit Pai, a Republican appointed by President Donald Trump, has promised to dismantle the current net neutrality regulation. Pai and Republicans in Congress have opposed the rules since they were adopted in 2015. Pai hasn't yet said how he'll weaken net neutrality regulations, but last week he closed an FCC net neutrality investigation into so-called zero rating plans, in which some services aren't counted as part of a monthly data cap.

Though Pai says he supports "a free and open internet," he says the current rules are too rigid, because they impose the same type of regulations applied to public utilities like the old telephone network.

"The Internet was free and open before the 2015 party-line vote imposing these Depression-Era regulations," the chairman's office said in a statement following the press conference Tuesday.

But Senate Democrats say the existing rules should be left alone.

"Our message is clear: the FCC's Net Neutrality rule is working," Schumer said in a statement. "It's protecting consumers and protecting the freedom of the open internet, and any attempt to roll back this rule and its protections would be foolish."

Net neutrality is the principle that all traffic on the Internet should be treated equally. This means your internet service provider can't block or slow down your access to any content. And it means these companies shouldn't favor their own content and services over their competitors' offerings.

Supporters of net neutrality say these rules protect consumers and ensure smaller companies can access the internet to develop cool new services and applications. Republicans along with internet service providers, like AT&T and Comcast, argue that the FCC's rules discourage investment in network infrastructure.

Markey said at the press conference that this argument is bogus. He noted that broadband service providers spent $76 billion to upgrade their networks in 2015, the second-highest total since 2001.

Senate Democrats said it will be a tough fight, with Republicans in control of the FCC and Congress. Wyden said it may feel like "we're pushing a rock uphill." But he said previous grassroots efforts, like the one in 2012 that defeated the controversial Stop Online Piracy Act (SOPA), have shown that the internet community can "beat the odds."

Markey added that judging by the more than 4 million people who weighed in with comments to the FCC in 2015 when the current net neutrality rules were being drafted, repealing these protections will unleash a "political firestorm" and make those figures look "minuscule" by comparison.

Life, disrupted: In Europe, millions of refugees are still searching for a safe place to settle. Tech should be part of the solution. But is it? CNET investigates.

Batteries Not Included: The CNET team shares experiences that remind us why tech stuff is cool.

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Can Trump Break the Democrats’ Grip on the Union Movement? – Politico

Late last month, when President Donald Trump talked with union leaders in the White House, it was something of an unexpected picture: On his first full workday in office, a billionaire Republican president meeting with the heads of major building-trades unions, smiles all around.

For the labor leaders at the table, the news from the White House was encouraging. Trump talked up his proposed infrastructure plan and his executive orders to restart the Keystone XL and Dakota Access pipeline projects. Now, those measures, long trumpeted by the unions present as job-creating steps, were finally nearing fruition. Today was a great day for America and for American workers, concluded the statement released by the Building Trades Unions coalition after the meeting.

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Many a Republican president has tried to split unions away from their home in the Democratic Party, with mixed and episodic results. Donald Trump might be the first to actually do it more permanently.

The Democratic Party should take this threat seriously. If Trump pulls it off, it will be not only because of his free-trade skepticism or appeal to unions reliant on construction projects, but also because he is exploiting longstanding divides within the labor movement. His incursion will indict Democrats for failing to protect their most important institutional connection to working-class voters, and it will make it that much harder for them to forge the multiracial coalition they need to win elections outside of their strongholds on the East and West coasts.

***

To outside observers, an alliance between Trump and building-trades unions could seem an unnatural fit: Since the New Deal, organized labor and most of its membership have aligned with the Democratic Party and donated heavily to Democratic candidates. But the inchoate coalition between Trump and the building trades speaks to long-standing divides within labor by occupation, race and genderdivides that Trump has the opportunity to cleave wide open, to his political benefit.

In the world of organized labor, the building-trades unions have, historically, been the most conservative. For decades, many were legacy operations, in which white workers informally passed on their memberships to family and friends, keeping women and minorities out. Black and Latino activists and the federal courts have compelled changes in the past 25 years, but the logic of construction unionismto tie contractors and unions together in cartelized operation and pass on the costs to the companies that hire the contractorsis largely unchanged. Over the past few decades, big corporations have responded by refusing to hire unionized contractors. The building-trades unions, whose membership after World War II represented 80 percent of construction workers, now also face determined opposition from these pressured contractors and are, as Harold Meyerson has noted in The American Prospect, increasingly reliant on government-funded projects.

For Trump, courting these unions is an obvious move, one hes been preparing for his entire adult life. Before he became a ubiquitous brand, the real estate developer needed to cut deals to build buildings in New York City, and you couldnt do that without the building trades. More recently, Trump agreed to end a fight with the powerful UNITE HERE coalition, signing contracts with the Culinary Union for his Las Vegas hotel and choosing not to oppose the ability of workers at his Washington, D.C., hotel to join a UNITE HERE local.

This is not to say that Trump supports unions generally or workers rights, specifically. In December, after Chuck Jones, the head of a small steelworkers local in Indiana, told the Washington Post that Trumps deal with air-conditioning manufacturer Carrier saved far fewer jobs than the president-elect claimed, Trump torched the local leader via Twitter: Chuck Jones has done a terrible job representing workers. No wonder companies flee country! More substantially, Trumps nominee for secretary of labor, Andrew Puzder, has chronically violated labor laws as the head of the Hardees and Carls Jr. fast-food chains. Trump has not said whether he would support or oppose a national right-to-work law. He is noncommittal on upholding the Davis-Bacon Act, a Depression-era law that guarantees a high prevailing wage to construction workers on government-funded projectsa top priority of building-trades workers.

But Trump is, as he tells us all the time, transactional, and its no surprise that he has sought out the support of the unions with whom he is most familiar and whose membership most closely parallels the demographics of his base.

If Trump can split conservative unions off from the rest of organized labor, he can potentially weaken Democrats electoral chances by depriving them of the union money and organizational muscle they count on at election time. And although the building trades unions, particularly the Laborers, have more nonwhite members than ever before, Trump would further his ethno-nationalist project, dividing the predominantly white native and male portion of labor from the public and service-sector unions, which have far more female, immigrant and nonwhite members.

Trump is not the first Republican president to attempt this featits been tried time and again over the course of generations. And if the building-trades leaders looked at this history, they might notice that the weaker and more supplicating unions have become, the less substantive concessions Republican presidents need even bother offering them.

***

In 1953, Dwight Eisenhower saw a powerful labor movement that he hoped to entice by offering tangible policy gains. As Eisenhower began his presidency, the power of organized labor was near its postwar peak. Roughly 35 percent of the nations non-farm workers were union members. Labor leaders like John L. Lewis, the Mineworkers imperious and eloquent president, and Walter Reuther, the fiery liberal head of the United Automobile Workers, were household names. And stories about worker strikes and organizing drives filled newspaper column inches and radio airwaves.

At the time, American labor was largely grouped into one of two camps: the Congress of Industrial Organizations , and the American Federation of Labor. Of the two, the CIO was more militant and liberal, supporting equality for African-Americans and holding fast to the left wing of the Democrats New Deal coalition. The CIO was dominated by the steelworkers and autoworkers, the giant manufacturing unions at the heart of the American economy that had emerged during FDRs presidency. The more conservative AFL was centered on racially exclusionary craft unions, and was more nationalist and less reliably Democraticand in that, Eisenhower saw opportunity.

Ike assumed that Big Labor, as it could be called then without irony, was here to stay and, that, therefore, if the GOP wished to be seen as more than a party of the wealthy, it would have to woo some of the organized working class. In September 1952, in the midst of the presidential campaign, Eisenhower spoke to the AFLs national convention in words impossible to imagine any Republican (and many Democrats) saying today: I have no use for thoseregardless of their political partywho hold some foolish dream of spinning the clock back to days when unorganized labor was a huddled, almost helpless mass.

Ikes effort at union outreach was to be more than rhetorical. Central to it was an attempt to placate the building-trade unionssome of which had actually endorsed him over the milquetoast, mildly pro-union Democratic candidate, Illinois Governor Adlai Stevenson. After defeating Stevenson, Eisenhower shocked his intraparty political rival, Senate Majority Leader Robert Taft (the conservative stalwart who sponsored the Taft-Hartley law of 1947, which limited union rights) by selecting Martin Durkin, the president of the Plumbers Union, as his secretary of labor. Durkin was a moderate Democrat with a close relationship to another plumber, George Meany, the president of the AFL. Ikes idea was to work with Durkin to make revisions of Taft-Hartley that particularly appealed to the building trades, helping it in its rivalry with the CIO and making it easier for it to boycott construction sites. This might have driven a wedge between the building trades and the CIOs powerful manufacturing unions, which were insisting on total political opposition to Eisenhower and had no expectations that he would deal with them.

Eisenhowers plan almost worked. Ike tasked Durkin and his counterpart in the Department of Commerce, Sinclair Weeks, with forging a compromise between labor and management interests that would repeal parts of Taft-Hartley. But Weeks was a businessman and mainstream Republican; his team at commerce distrusted Durkin and was leery of making policy concessions to any part of labor. Still, Ike knocked heads and brought Durkin and Weeks to the verge of an agreement, which would have granted significant concessions to the AFL. Eisenhower was to present the proposal to Congress on August 7, 1953.

Then fate and malice intervened. First, Taft, who, at times, seemed open to revision of his controversial legislation, rapidly declined from a metastasizing cancer and died on July 31, before he could put his imprimatur on any deal. Then, just a few days after Tafts death, on August 3, somebody leaked the pro-union draft of the proposal to the Wall Street Journal, triggering a vehement response from business and its political allies, including a freshman senator from Arizona named Barry Goldwater, who fretted that the proposal would go a long way toward granting monopolistic power to labor leaders. Without Tafts blessing and in the face of massive business opposition, the plan died. After only seven months as labor secretary, Durkin resigned, ending both his tenure and Ikes attempt at labor outreach. Eisenhowers appointments to the National Labor Relations Board proceeded to be conventionally pro-business and restricted unionism. And in 1955, the AFL and CIO merged into the AFL-CIO.

***

Richard Nixon, Ikes vice president and the next Republican president, came to office in 1969 in the midst of the greatest social turmoil in the U.S. since the 1930s. Months earlier, George Wallace, the racist governor of Alabama, ran for president, winning 13 percent of the national popular vote and five Southern states on a platform that condemned urban and campus violence. Wallace appealed to many white unionized workers in the North. Nixon wanted to soften Wallaces abrasive edge and assemble what he called a new majority, a nationalist project that would include many millions of white men who were worried about rising black empowerment, changing cultural mores, and increasingly aggressive student opposition against the war in Vietnam. Since many of these would-be supporters were still unionized within manufacturing, mining, transportation and construction, Nixon would need to win over parts of the hostile now-merged AFL-CIO, which had supported one of the greatest labor liberals of the era, Hubert Humphrey, over Nixon in the 1968 election.

Nixon tried honey, not vinegar. Though he did support one key policy wish of labor in 1970the creation of the Occupational Safety and Health AdministrationNixon mostly schmoozed and flattered. He did not respond aggressively to a massive wave of strikes in the early 1970s, and he sought to engage labor leadersfor example, bringing 60 union presidents to the White House for dinner on Labor Day in 1970. And he courted Meany, the crusty former AFL head who now led the AFL-CIO. Though Meany and Nixon disagreed on economic issuesNixon, like most Republicans, was trying to figure out ways to lower union wages, while Meany was an old-fashioned Keynesianthey did share many of the same resentments toward the New Left and the black and womens activists who flocked to the 1972 campaign of George McGovern, which they famously groused about together over occasional rounds of golf. When Nixon was first elected in 1968, Meany feared he would be as dangerous to labor as Senator Taft had been a generation earlier. But over the course of Nixons first term, Meanys rage at the young protesters, African-Americans and feminists whom he feared were taking control of the Democratic Party got the better of him. Rather than connect the great movement of the '30s to the new movements of the '60s, Meany lashed out.

In the 1972 election, the AFL-CIO announced its neutrality in the McGovern-Nixon racethe only time in its history it did not endorse the Democratic candidate. Nixon received a majority of the union vote that year, the only time in modern history that a Republican has done so.

In 1973, at the start of his second term, Nixon, just as Eisenhower had done, named a building-trades leader, Peter Brennan, as his secretary of labor. Brennan, the head of the New Yorks Building Trades Council, was a nominal Democrat, but he had organized a massive pro-Nixon/pro-Vietnam War protest in May 1970one of the so-called hardhat demonstrations, a series of sometimes-violent construction union events in New York that spring. Brennan told Nixon aide Chuck Colson that the construction workers admired [Nixons] masculinity. The hard hats, who are a tough breed, have come to respect you as a tough, courageous mans man.

Why did Nixon succeed? Unlike Eisenhower, who was trying to find a way to provide some policy concessions to construction unions, Nixon did come through with OSHA. But Nixons pitchas described in Stayin Alive, Jefferson Cowies essential analysis of the white working class in the 1970swas mostly and deliberately cultural and symbolic. It was awash in images of hypermasculinity and jingoisman appearance of action, as Cowie put it.

Ultimately, Meany and other union leaders broke with Nixon over wage policies and the monumental constitutional outrages of Watergate. And, despite the demonstrations that pitted workers against anti-war demonstrators, millions of working-class people came to oppose American involvement in Vietnam. But Nixons gendered appearance of action, for a time, captured a large segment of organized labor.

Ronald Reagan also tried a variation of Nixons appearance of action, but his actual actions belied his sunny affect. Reagan often reassured white ethnic workers in the Midwest and East that he would be the first American president to also have served as a union president (the Screen Actors Guild in 1947). Reagan too sought to galvanize working-class white men around an image of patriotic optimism. During his 1984 reelection campaign, he famously declared that it was morning again in America, and transformed Born in the U.S.A., Bruce Springsteens dark vision of alienated, unemployed Vietnam war veterans, into a message of hope. But Reagans fealty to managements prerogatives could not be gauzed over. In 1981, he fired 12,000 striking air-traffic controllers (members of a union that had endorsed Reagan in the previous years election). This triggered a wave of aggressive bargaining by corporations seeking contract concessions from unions already reeling from membership losses caused by automation and globalization. Yet, in the midst of a growing post recessionary economy, Reagan did well with the union household vote in 1984, capturing 46 percent of it in his landslide victory that year.

***

The GOPs outreach to unions has changed dramatically since Eisenhowers presidency. Ike sought to recognize and undergird the role of organized labor in the political economy. He saw more conservative unions as, potentially, political partners. By contrast, Nixon and Reagan did not provide institutional support for unions; they appealed to an optimistic nationalism that was, paradoxically, undercut by its crude racial and gendered boundaries.

Trump, too, is promising a circumscribed kind of American dream for white men who build roads and buildings. (He is also promising a manufacturing initiative and has invited Richard Trumka, the president of the AFL-CIO, to a meeting on the topic.) But in the decades between the Reagan and Trump elections, much has changed in Americawhich gives us a sense of the upward limits of Trumps possible success in wooing unions. Simply put, Trump cant do as well as Nixon and Reagan did with white male unionized workers because there are a lot fewer white male unionized workers.

While Ike, Nixon and even Reagan tried to peel away some union members from Democrats, todays GOP has found it easier to simply crush labor and ignore its declining membership. Yet the Republican Party Trump inheritedand its corporate allies, such as the Koch brotherscorrectly see even an emaciated labor movement as a bulwark of the Democratic Party, still a critical source of funding, lobbying andin selected states in the Midwest, East and Westvotes.

Much of this anti-union work is happening on the state level. Twenty-eight states now have right-to-work laws, which permit workers not to pay union dues or their equivalent while still receiving the benefits of union representation. When right-to-work laws were first passed following Taft-Hartleys legalization of them in the late 1940s, conservatives sought to prevent a then-powerful labor movement from increasing wage rates and thwarting company prerogatives. Now, with unions weakened, GOP-controlled states are enacting right to work to empty union treasuries, and thus defund Democratic and progressive campaigns.

While such laws have taken a toll on union membership, a larger economic shift has exacted a heavier burden. Millions of jobs from the core unionized sectors of mid-20th-century Americacoal, railways, steel, auto manufacturing, dock workinghave been lost to either automation, globalization or a combination of both. Recent figures released from the Bureau of Labor Statistics peg union membership at just 10.7 percent of the non-farm workforce, the level it was in 1930, before the great militant labor upsurge of the New Deal era and the rise of public-sector unionism in the 1960s.

Trumps approach to unions is mired in an earlier era. Its no coincidence that the unions he met with at the White House are overwhelmingly white and malethis is his idea of what a real worker in the proverbial abandoned coal mines and steel mills and the big construction sites must look like. Like Nixon, Trump has made a lot of cultural noise about beleaguered white men without actually wanting to support policies that would protect unions and aid their growth.

Organized labor today is not only much smaller than it was in the era of Reagan and Nixon, its compositionand the sectors of the economy it representsis vastly different. Today, the average union member is much more likely to be a female nurses aid or public school teacher or a black government worker or a Latino building service worker than a white male steel or construction worker. The latest BLS figures show that black workers are more unionized than are whites. In construction and manufacturing, union density stands at 13.2 percent and 9.4 percent, respectively. It is law enforcement (a Trump bulwark), firefighters, teachers and public-sector workers who today have the greatest union density, each at around 35 percent. Moreover, the changing composition of the workforce now includes many smaller workplacesthousands of Wal-Marts, for exampleeven when the company behind them is a vast multinational enterprise, making it more difficult to organize an entire industry.

In 1958, the sociologist Daniel Bell wrote that American unions could be seen as existing in two contexts, as a social movement and as an economic force (market-unionism), and accordingly playing a different role in each. Trumps play is to appeal to market unionismto exclaim about large construction projects, and thus, seduce the union leadership whose members are dependent upon such projects.

The limit for Trump is that those unions are fairly homogenousoverwhelmingly white and malewhile todays most creative unions are also the most heterogeneous (e.g., the Service Employees International Union has many women and nonwhite members and a female president and has been the key force behind the increasingly successful Fight for $15 minimum wage campaign). Even without this latest pipeline-fueled overture, Trump probably already had the votes of most white building-trades workers; theres no real opportunity for growing beyond his base of support. So weve seen versions of Trumps move before, but there is far less in it for him in 2017 than there was for his GOP predecessors in 1953, 1972 or 1984.

Indeed, there is probably a larger upside for Democrats than for Trump in fighting for the social unionism that Bell wrote about. It is understandable in calculated political terms why many Democrats today dont support a weakened labor movement with the same fervor that some of their ancestors used to support a strong one. Yet there are still good reasons for them to do so. Democrats should do so because unions, despite their long decline, still provide more human and financial resources for the domestic policy goals of liberals than any other private institution. They should do so because union decline is linked by economists to the rise of inequality, especially among the same white men whom Trump now so powerfully appealsit is hard to see how inequality is mitigated without stronger unions. And they should do so because, despite all of their flaws, unionsincluding some of those increasingly integrated building trades unionsare organizations that bring women and men of all races together in a common project of economic and political empowerment.

In South Carolina, for example, a multiracial group of 3,000 workers is trying to organize a Boeing plant in the state with the lowest union density in the country, and one that was also an extremist bulwark of the Confederacy and Jim Crow. These Boeing workers and their union, the Machinists, have a different vision of labor and America than Donald Trumps. And it is their generous civic nationalism that Democrats should uphold rather than Trumps crabbed and blustery ethno-nationalism. It is also precisely the kind of union fight that Democrats should promote, support and join.

Trumps faux love affair with the construction unions ought to be a warning to Democrats and other labor unions. But it is also a challenge to renew a different building project, one that might redeem the promise of a cosmopolitan and egalitarian America.

Rich Yeselson is a contributing editor at Dissent and worked in the labor movement for 24 years.

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Can Trump Break the Democrats' Grip on the Union Movement? - Politico

How Democrats Can Show Spine at This Critical Moment – RollingStone.com

Elected Democrats could catch up to their base by coalescing around a single, overarching message: Trump's election, and everything he's done since his inauguration, is not normal.

Senate Democrats should call a joint press conference, immediately, and announce that they are going to vote in lockstep against every Trump nominee, and filibuster everything that's subject to the rule, unless and until Trump divests himself of his sprawling business empire and the ongoing probe into FBI Director James Comey's letter regarding Hillary Clinton's emails is complete and an independent investigation of allegations that Russians hacked the DNC is conducted. They should echo Trump's own words when he was pitching his "Muslim ban," and shut everything they can down "until our country's representatives can figure out what the Hell is going on."

At the moment, Congressional Dems are as disconnected from their base as they've ever been. The rank-and-file are terrified. As many as 5.2 million people joined Women's Marches worldwide because they're afraid of losing their health care, among other things. They're furious that the GOP effectively stole a Supreme Court seat that should have shifted the ideological balance of the Court for the first time in 45 years. And most of them at least harbor suspicions that Trump's election was a sort of soft coup, with an assist from Russian intelligence and the FBI. They're talking about fascism and authoritarianism and watching in horror as Steve Bannon tries to engineer a dramatic restructuring of the post-World War II international order.

Meanwhile, Senate Minority Leader Chuck Schumer is reportedly worried about "five moderate Democrats representing states that President Trump won who are likely to face the most difficult reelection fights next year." He told the Washington Post, "we have to protect these people. And sometimes we're going to have to do things to help them." Some Senate Democrats say they don't want to mimic the knee-jerk obstructionism that Republicans employed under Obama. Some appear to be gung-ho about filibustering Neil Gorsuch, Trump's pick to replace Antonin Scalia on the Supreme Court, but others are reportedly worried that doing so would lead Senate Majority Leader Mitch McConnell to go nuclear and eliminate the filibuster, which would diminish their leverage if one of the liberal justices doesn't make it through Trump's presidency.

To be fair, Dems have shown more spine than many progressives recognize. Politico reports that "Senate Democrats the last line of Democratic defense are slow-walking the installation of Trump's Cabinet to a historic degree, so much so that Republicans haven't even started yet on Trump's legislative agenda." Beginning last night, the Democrats have held the Senate floor for 24 hours in opposition to billionaire Republican donor Betsy DeVos' nomination as Secretary of Education.

The problem is that these efforts have been undertaken within a framework of normal partisan wrangling, and the media have duly reported them as such. Democrats are pointing out that many of Trump's cabinet picks are unqualified and outside the political mainstream, Republicans are calling the Dems out as obstructions, and in turn the Dems say the GOP are a bunch of hypocrites. But all of that rhetoric misses the point. What's really going on here is an existential battle over America's institutions, and the norms that have made them more or less functional. Liberal, pluralistic democracy is at stake, and demanding that Trump stop violating the Constitution's Emoluments Clause which can only be done by divesting because of the nature of his business as the price of being recognized as a legitimate president is the best way to make it clear that this is not normal political wrangling. And it would signal to their constituents that they understand the stakes.

At their press conference, Democrats should quote every prominent Republican who's expressed anxiety about where Trump is taking the country. This would frame Democratic resistance as a matter of patriotism and principle rather than partisan animus. There's no legitimate comparison between Republican obstruction of Obama who won 9.5 million more votes than John McCain, was decidedly within the Democratic mainstream and appointed people who were qualified for their offices with Democrats putting a break on Trump's agenda.

Staying united around a message like this would also help them run out the clock. Democrats don't have the numbers to block everything coming down the pike indefinitely, but every day litigating these questions is a day that the Republican Congress isn't privatizing Medicare or repealing Obamacare or provoking a war with Iran.

The filibuster exists for moments like this. Not only do filibusters protect the minority in this case, one that actually represents a majority of Americans but also, as Gregory Koger from the University of Miami points out, "filibusters help members of the majority party when they are pressured to support proposals that they privately believe are bad policy or risky politics." Hill reporters say there are plenty of Republicans who say privately that they're freaked out by Trump's early moves, but won't risk angering their base to say so publicly.The filibuster lets them tell their base that the Democrats blocked Trump's less orthodox moves despite Republicans enjoying unified control of government.

That's one reason why Democrats should call McConnell's bluff on the Gorsuch nomination. There's no guarantee that he can find 51 votes to invoke the nuclear option, and if he does, let him. Democrats have now won the popular vote in six of the past seven presidential elections, and in the future it's more likely that they'll hold the White House than the Senate, where small red states have the same power as California or New York. Mitch McConnell insisted that the Supreme Court could function with eight justices, and before the election some prominent Republicans said that they wouldn't confirm Hillary Clinton's nominees to the Court if she won. Democrats need to take a page from that playbook and make it clear they won't give up a stolen seat on the Court without a fight.

This is not only the kind of resistance the Democratic base is looking for, but also what much of the world wants to see and what this moment in history demands because nothing that's happened in the first two weeks of Trump's presidency is in any way normal.

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How Democrats Can Show Spine at This Critical Moment - RollingStone.com

The Democratic Party has lost its mind and its soul | New York Post – New York Post

History was made Tuesday when Vice President Mike Pence cast the tie-breaking vote in the Senate to confirm Betsy DeVos as secretary of education.

But the necessity of Pences vote reflected another kind of history, too: The decision by all Senate Democrats to reject DeVos marked a new low for the flailing party.

Democrats claim to stand for the poor, immigrants and nonwhites. Yet given a chance to actually support someone who is dedicated to improving education for all Americas children, especially those trapped in failing urban schools, the Dems said no, hell no.

Joined by two Republicans, they stood in the schoolhouse door to block vital change, casting their lot with teachers unions that fear reform the way a vampire fears garlic.

Throw away all the subtexts and subterfuge, a defense of the rotten status quo is the only explanation for the bid to block DeVos. The teachers unions pulled the strings, and the political puppets danced to their masters tune.

DeVos survived because President Trump is determined to deliver a government that shatters the insiders perks and privilege and opens the door to new ways of doing things. In education, that means giving more parents the power of school choice and taking power away from the union establishment.

Millions of children, most poor and many black and Latino, are forced to attend failure factories that rob them of Americas promise. While family breakdown is a prime culprit, the social contract requires society to do its best to compensate.

And there is no question that charter schools, vouchers and other experiments offer the best hope for bringing fresh ideas and progress to educational deserts.

DeVos, a passionate crusader for excellence in the classroom, is just one of the Trump nominees Democrats tried to block in their insane attempts to destroy his presidency before it gets started.

No president has ever had so few cabinet members confirmed at this late date, just as no president has been confronted with such open talk of assassination and impeachment.

Speaking of which, have you heard a single Democrat decry the talk of assassination? Have you heard a single Democrat denounce the violence carried out by so-called protesters?

The answers are no and no because Dems see the riots and threats of violence as legitimate expressions of disapproval and convenient for their purposes. Their contribution to the resistance started when 70 Democrats boycotted Trumps inauguration and many senators boycotted confirmation hearings and votes. Maybe theyll soon throw rocks through windows.

The madness was on full display Monday night when Senate Minority Leader Chuck Schumer boasted in a tweet from outside the Capitol that While the GOP is pushing a vote on Betsy DeVos, the people are rallying outside. Were with them.

Think of that: The Democrats leader walks out on his job to play the role of a man of the people in a staged demonstration. This is a party that has lost its mind, as well as its soul.

It is noteworthy that Schumer started the Trump era by talking about a willingness to work with the new president on infrastructure and other areas of common ground. It was too good to last.

For being relatively reasonable, Schumer was denounced by party radicals and anarchists as a collaborator and got noisy, vulgar demonstrations outside his Brooklyn home.

In a flash, he abandoned any talk of cooperation and jumped on the radical bandwagon, no doubt hoping to keep the minority leader job he just got. Schumer probably also sees going along with the rabble as the only way to raise money for the beleaguered partys candidates in the 2018 midterms.

In any case, the responsibility of leadership eludes him. Democrats created their own problems by blindly agreeing to all of Barack Obamas ultra-liberal policies, and the fed-up response of Republican voters was to nominate Trump.

In their response, Hillary Clinton and her team poured acid on Trump and his followers, thinking they could make him so toxic that he would be disqualified. They were wrong.

Yet even now, they apparently have no idea why they failed because they are following the same script again. They continue to denounce Trump in the most hyperbolic terms, declare his nominees unfit and dangerous and expect a different outcome.

They shouldnt hold their breath. Trump has made rookie errors, but his resolve in picking DeVos and sticking with her proves he is deadly serious about fixing whats broken in American education.

What, pray tell, are Democrats serious about?

NYers vetty hypocritical

Reader Harold Theurer says extreme vetting, despite its name, is rather common and cites a familiar example. He writes:

If opponents serve on a co-op board or live in such a building that has a governing body which reviews, accepts or denies applicants to live among them, can they be against extreme vetting without being total hypocrites?

Blas nears a dread end

Another day, another investigation involving Mayor Bill de Blasio. Make that three more investigations.

The most investigated mayor in history is busy racking up a dubious record that will, hopefully, never be broken. Reports say a deal to subsidize a private bus company is under scrutiny, as is his opposition to Airbnb.

Both probes are said to center on large contributions to de Blasios political slush fund, with investigators wanting to know whether the mayor improperly rewarded the donors with government action.

A third newly reported investigation involves the awarding of a contract to provide police body cameras. The winning bidder is Vievu, of Seattle.

The connection between donors and City Hall actions is the focus of state and federal prosecutors on a slew of fronts. They interviewed scores of donors, lobbyists and others, and the mayor himself met with state prosecutors and says he will soon sit with the feds.

City Hall aides and private consultants caught up in the investigations are said to be worried the mayor will put all the blame on them in a bid to save his own neck.

Thats certainly a possible scenario, but not the only one. We already know de Blasio was personally involved in soliciting some of the suspect contributions, and he alone had the ultimate power to decide what government actions would be taken on all the donors pending business at City Hall. Those facts alone mean it wouldnt be so easy for him to lay all the blame on others.

That is why I draw two conclusions from de Blasios meetings with prosecutors: Were getting close to the end, and he has reason to worry.

Left coast wasteland

Nice work if you can get it.

California will pay the law firm of former Attorney General Eric Holder $40,000 a month to help develop legal strategies against the Trump administration, according to a contract obtained by Judicial Watch.

The payment gets taxpayers 40 hours of legal chitchat. Any real work would be extra, the contract says.

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The Democratic Party has lost its mind and its soul | New York Post - New York Post