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Supreme Court paves the way for “Make America Great Again” gear in the voting booth.

The justices on Thursday struck down Minnesota’s ban on wearing political apparel when casting a ballot, ruling that the state’s law violated the First Amendment. The 7-2 decision in Minnesota Voters Alliance v. Mansky will likely affect similar laws in at least a half-dozen other states.

Past Supreme Court rulings have upheld restrictions on distributing campaign materials in and around polling places and placing signs that pressure voters to act a certain way. But Chief Justice John Roberts said that Minnesota’s ban on “political badges, political buttons, or other political insignia” gave state election officials too much discretion when barring political speech. “That discretion must be guided by objective, workable standards,” he wrote in his majority opinion.

The court suggested that not every law barring political apparel in voting places will run afoul of the First Amendment: Roberts noted that similar statutes in California and Texas describe what is and isn’t allowed “in more lucid terms.” Justices Sonia Sotomayor and Stephen Breyer dissented, arguing that the majority should have first given the Minnesota Supreme Court an opportunity to interpret the state’s law before weighing in.

Thursday’s decision in Mansky is the second election-related case decided by the court this week. The justices began on Monday by making it easier for states to strike eligible voters from the voter rolls for inactivity, a move that will likely spur aggressive voter purges in Republican-led states. Voters who are still permitted to cast a ballot get an added bonus: They may be able to wear whatever they want along the way.

June 27, 2019

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This is Democratic speed dating.

The opening debate is always a “get to know you” debate. That’s especially true of the first of two opening Democratic debates, given that it’s frontloaded with candidates no one knows (Tim Ryan, John Delaney), candidates almost no one knows (Tulsi Gabbard, Jay Inslee, Bill de Blasio, Julián Castro), and candidates already in need of a campaign reset (Amy Klobuchar, Cory Booker, Beto O’Rourke).

But it’s hard to make an impression when there are nine other people, many of them desperate, on the stage. The general strategy in the opening thirty minutes of the debate is for candidates to talk as fast as they possibly can, guaranteeing that they can maximize their short minute of allotted time. This is, of course, familiar to anyone who’s been in high school debate—a combination of nerves and peacocking, showing the audience just how much they know. This has been exacerbated by the manic opening of the debate, which has touched on issues from climate change to health care to antitrust, without much effort to try to get the candidates to actually talk to each other. (De Blasio, arguably the most desperate on the stage, is the only guy really trying to pick a fight.)

If there’s a byproduct of the pace of the debate so far, it’s that it does showcase just how many ideas the Democratic candidates have on the table. But mostly, it just showcases just how many candidates there are on the stage, and how many of them seem not that different from one another. (I’m looking at you, John Delaney and Tim Ryan.)

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Is cruelty a winner?

As the Democrats take the stage for the first debate, I am expecting—hoping, even—that there will be ample outrage over the warehousing of migrant children at the southern border.

The last week or so has seen an uptick in attention—because of the brutality at the Clint facility, because of the drowning deaths in the Rio Grande—on what has been the shame of a nation for most of the Trump administration. Several presidential candidates in Miami will be making the short trip to Homestead, a for-profit shelter for unaccompanied minors. The facility was, it must be said, first opened under Obama, but it was re-opened and doubled in size by Trump to cage hundreds of migrants in their teens.

Today, Elizabeth Warren and Amy Klobuchar made separate visits there. Neither were allowed inside, but Warren stood on a step ladder and peered over the fence at what she said were kids being marched in lines. She turned to the assemblage of media and supporters and called it “a moral stain inflicted by Donald Trump.”

“Following a policy that can be boiled down to one basic idea—and that is maximizing the pain inflicted on families who flee to the United States to try to build some security and safety in their lives—is fundamentally and morally wrong.”

Warren’s right, of course, and it is refreshing to hear strong condemnations from one of the Dem frontrunners. But then I thought, is that going to matter?

Adam Serwer famously wrote last October that “the cruelty is the point,” that the through line that connects what seems like a chaotic carnival of policy misfires is the joy at inflicting pain on people Trump and his fans see as “other.” That premise has become almost universally accepted by those opposed to this administration and the Republican Party that embraces it—and so, it is likely that many in Miami will try to score points by voicing righteous and rightful outrage at the serial meanness of Team Trump. But is that outrage a winner for the campaign trail?

This question applies to both the primaries—where every Democrat will hopefully be vocally opposed to the Zero Tolerance “policy”—and the general, where the issue energizes the GOP while seeming to enervate Democrats. The last thing you want to do is exhaust your base, after all.

But beyond that: Does Trump’s cruelty engender a real feeling of powerlessness? Is opposing cruelty basically negative campaigning—campaigning without hope, when your best advisers will tell you to close with hope?

June 26, 2019

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Welcome to TNR’s coverage of the Democratic debates.

Yes, the debates are upon us, a mere 16 months before voters will cast their ballots to decide whether President Trump should get a second term. In that time, babies will be conceived and born, the earth will orbit the sun and then some, and Democrats will, with any luck, choose a champion from the two dozen candidates running for the nomination. It all begins tonight, with the first of two debates in Miami this week featuring the 20 candidates—ten each round—who qualified to participate by either polling at 1 percent in three surveys or receiving 65,000 individual donations.

The staff of The New Republic will be watching the proceedings, offering running commentary and post-debate analysis, and hopefully answering any questions readers might have. Who’s up, who’s down? Who, if anyone, seems qualified to stall America’s spiraling descent into a fiery wasteland overseen by Trumpian kleptocrats? And who is Eric Swalwell, anyway? Pop by TNR’s Minutes blog at 9 o’clock EST tonight and tomorrow night to find out!