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What got me steamed up this week

How the Hell Can People Be Nostalgic for Donald Trump? Yet—They Are

Joe Biden’s real opponent isn’t inflation or Gaza or even Trump himself. It’s nostalgia bias vs. negativity bias.

Trump at a campaign rally in the South Bronx in New York City
JIM WATSON/AFP/Getty Images
Trump at a campaign rally in the South Bronx in New York City on Thursday

By now, we’ve seen poll after poll showing that voters look back fondly on Donald Trump’s presidency. The polls suggest that millions of people forget completely, for example, Trump’s shambolic panic when the pandemic was coming, his total failure to order up ventilators and masks, his serial lies that the 15 Covid cases would soon be down to zero, and so on—behavior so obviously disqualifying that failing to see it is, to my mind, akin to seeing a man holding a smoking gun over a dead body and denying that the man was the shooter.

Lately, these polls have been joined by other polls that say something just as false and just as dangerous. These polls show people giving Trump credit for things that Biden has accomplished and people being miffed at Biden for all manner of bad stuff that just isn’t real. In the latter category, we find a Harris Poll (yes, Mark Penn, but even so) showing the following hall-of-mirrors results, as Harold Meyerson wrote in The American Prospect: 56 percent of Americans think the country is in a recession, 49 percent believe the stock market is down, and 49 percent also believe unemployment is at an all-time high.

We are not close to a recession, which is a decline in gross domestic product in two consecutive quarters. That did happen in early 2022, but the second-quarter dip was very shallow, and most economists didn’t call it a recession. The Dow is up 8,000 points since Biden took office. Unemployment is at its lowest level in half a century.

Meyerson fingers—correctly, I think—the fact that so many people get their “news” from social media, which is usually just a collection of video and photo images that can pack an emotional punch but that explain and contextualize nothing. Social media, as Meyerson wrote, “has a built-in bias for the negative, the apocalyptic, the unedited, and uncurated.” A steady stream of clips showing high gas prices or rubble in Gaza or students being arrested is bound to lead the consumer of said clips to some dark conclusions about the country teetering on the knife’s edge of chaos and collapse, which, once formed, facts are powerless to dislodge.

There’s another recent survey, one of the most depressing and telling I’ve seen this year, that seems to confirm this too. This was an NBC News poll that divided respondents based on where they got their news. Pay attention here. Among people who don’t follow political news at all, Trump led Biden 53–27. Among social media users, Trump led 46–42. But among people who actually read newspapers, Biden led—ready?—by 70–21.

Pretty grim. But it’s even worse. This week on his Substack, New America fellow Lee Drutman wrote a really interesting piece about how our brains process thoughts about the past and the present. When we think about the past, he writes, we always remember it as better than it was. It’s called nostalgia bias.

But when we think about the present? We tend to think of it as worse than it actually is. This is called negativity bias. As Drutman put it: “Our brains are deeply attuned to possible threats, and so we have a strong negativity bias in how we process the present. In an environment of nonstop national media and hyper-partisan confrontational politics, we are constantly getting triggered. This makes us especially likely to see the present moment as a crisis.”

Social media of course plays a key role here too. A 10-second video of undocumented people crossing the Rio Grande tells the brain: “Chaos!” And Biden is doing nothing. The people may have been apprehended or turned back, who knows. But those 10 seconds have done their job.

Our brains have always worked liked this, as Drutman readily acknowledges. But Trump has made it all worse by constantly carrying on about how awful things are today—the sweeping and totally false generalizations about how no one is safe anywhere anymore; the unprovable (but, crucially for his purposes, un-dis-provable) assertions that Ukraine and Gaza and so on would never have happened if the election hadn’t been stolen from him.

And what Trump is doing, by the way, isn’t simple nostalgia. Nostalgia is an innocent pining for our younger days, when we looked better and our backs didn’t hurt and we had more sex. What Trump is doing is much darker. What Trump is doing is fascism, which throughout its history, as Drutman notes, is obsessed with tropes of social decline.

This is where we are, and this is really what Biden is up against—what perhaps any president would be up against in this jittery and overcaffeinated age. Even Trump fell victim to it in 2020 to some extent. But on balance, Trump benefits, and I’d say tremendously, because a media environment that encourages people not to think but only to react is a perfect mate for a political candidate who does the same.

Yet I’m not saying all is lost. I don’t think it is. There are millions of Americans who reject Trumpism outright. There are millions of people who seek facts, remember the awful things Trump did, read newspapers. Trump has lost a lot more elections (if you count the ones since 2016 when he was “on the ballot,” as it were) than he’s won. Still, it’s different now that Trump is out of office and can spin myths about his tenure and himself that too many people are willing to believe.

The best counter to Trump’s mythmaking about the past? Insistently telling people about the ugly future Trump promises. Read Jamelle Bouie today on Trump’s deportation plans. I have to believe most Americans do not want their country to do that. The Democrats’ answer to Trump’s obsession with the past is to warn people about a Trump-led future.

This article first appeared in Fighting Words, a weekly TNR newsletter authored by editor Michael Tomasky. Sign up here.


Biden Might Not Win the Debates—but Trump Will Definitely Lose Them

Trump was terrible in the 2020 debates, by every measure. And he’ll be terrible again. If he even participates.

Trump closes his eyes during the first presidential debate in 2020
Win McNamee/Getty Images
Trump during the first presidential debate in 2020

Donald Trump came out shooting blanks with his usual baggy, insecure rhetoric after agreeing to two debates with Joe Biden. “Crooked Joe Biden is the WORST debater I have ever faced,” “He can’t put two sentences together!” et cetera. He does it because he knows the media reports it and there are still people who fall for it.

The truth, of course, is that Trump is a terrible debater. In this as in everything else, he wants people to forget the past and ignore the truth. So let’s remind him, and everyone, of what happened when Trump and Biden met in 2020.

The first debate, hosted by Fox, took place in Cleveland on September 29. Ruth Bader Ginsburg had died; Trump had nominated Amy Coney Barrett to the Supreme Court three days before, so the court was on everyone’s mind, and of course the pandemic.

Trump did two main things. First, he lied a lot. He’d reduced prescription drug prices by “80 to 90 percent”; insulin was getting “so cheap, it’s like water”; he’d “brought back [college] football.” Second, he interrupted and interrupted. He turned the whole thing into a shitshow, because he knows that shit benefits from shitshows.

But the main thing he did was send that little message to the Proud Boys: “Stand back and stand by.” Those words seemed self-contradictory to me, but not to the Proud Boys themselves, who took it as a clear order to await his further instructions, which came in the build-up to January 6, 2021.

Result? Biden mopped the floor with him. A CNN poll found that viewers favored Biden’s performance by—get this—60 to 28 percent. Think about that 28. It means that even a good chunk of MAGA-heads couldn’t bring themselves to say he won. Some polls were closer, but Biden won them all.

For the second debate, October 22, 2020, in Nashville, NBC decided to cut the microphones when Biden and Trump weren’t speaking, which limited the interruptions. Well, wait! Actually, Nashville was supposed to be the third debate. The second debate, scheduled for October 15 in Miami, never happened; it was canceled because Trump had tested positive for Covid. The debate commission suggested holding it virtually. Biden said yes. Trump backed out and held a rally instead. This is worth remembering.

OK, back to Nashville, which did happen: Trump said he’d done more for Black Americans than any president with the “possible exception” of Abraham Lincoln. He made a lot of comments ducking responsibility on the pandemic. It was less of a madhouse. And Biden won that debate, CNN found, by 53 to 39 percent.

Flash-forward. Biden is four years older and definitely a step slower. No use denying it. It’s hard to imagine him delivering a dominating performance. For my money, the best thing he can do on a stage with Trump has nothing to do with policy. He should needle Trump and get under his skin: about Trump constantly confusing Biden with Barack Obama; about confusing Jimmy Carter with Jimmy Connors; about praising Hannibal Lecter as a “wonderful man.” And about more consequential things too, like his stated plans for his second term that would turn the country into a fascist state (on this, read our new issue, it is excellent and chilling). But no, Biden probably does not have it in him to crush Trump in a debate.

In sum: Biden may not win these debates, but Trump will definitely lose them. He’ll lose them the same way he lost them last time, by lying and interrupting and sneering and being an off-putting bully. It’s true that Biden has a record to defend this time, and Trump will attack attack attack. He’ll probably score some points. But he’ll overdo it. He always does.

That is, if he shows up. This week, he started yelping instantly about the debate format—the absence of an audience, the cutting off of the mics. Amanda Marcotte in Salon noticed that Republicans “are already spinning Trump’s faceplant even before it happens.” Lara Trump whined on Fox that the debates are “rigged so heavily in Joe Biden’s favor, but everything always is.”

My guess is that the first one will happen. Trump is delusional enough to believe that he’s going to wipe the floor with Biden. Then he’ll see that Biden isn’t the blithering idiot he believes him to be and can actually hold his own on a debate stage, and the debate won’t have any clear winner or loser, but because Biden simply isn’t an aggressive asshole and raging egomaniac and will come across as more empathetic, he’ll win the insta-polls by 10 to 15 points, and Trump will eventually find an excuse to skip the second one and identify some little Nuremberg where he can hold a rally and whimper about being the most persecuted man in the history of the planet.

The last few days remind me more broadly that we must always bear in mind all the constituent elements of authoritarian fascism. There are the obvious ones we think of immediately, like contempt for democracy and reliance on a narrative of resentment against the “vermin” who are destroying the country. But the less obvious ones are important too. Staggering corruption is always, always, always a characteristic of fascist regimes, and Trump already proved this in term one, with the flagrant and constant violations of the emoluments clause.

And another constant feature is the whining. The system is so unfair to us. Mussolini used this trope, as did Hitler, as have they all. Everything is everybody else’s fault. And these people try to say that liberals are snowflakes?

This article first appeared in Fighting Words, a weekly TNR newsletter authored by editor Michael Tomasky. Sign up here.


Tim Scott’s Stated Willingness to Crush Democracy Is an Ominous Moment

We crossed another Rubicon this week with these veep wannabees parroting Donald Trump’s line about not accepting election results.

Tim Scott speaks at a podium, with Donald Trump beside him and others in the background.
Victor J. Blue/Bloomberg via Getty Images
Senator Tim Scott, a Republican from South Carolina, speaks during an primary election night watch party in South Carolina with former U.S. President Donald Trump on February 24, 2024.

As many have observed, democracies don’t die overnight. There’s no One Big Event that does it. It happens bit by bit. Noticing it requires paying very close attention and connecting the dots as you go along, and most people don’t have the time or dedication to do that.

So I draw your attention to a new and ominous development this week: It’s now basically settled that Donald Trump’s running mate will be with him 1000 percent on denying unfavorable election results. Doing so became a litmus test this week. South Carolina GOP Senator Tim Scott is chiefly to blame, but of course it’s also Trump, and the entire cast of craven jellyfish who are today’s Republican Party.

As you’ve probably read, Scott was on Meet the Press Sunday and, under questioning from host Kristen Welker, refused six times to say he’d accept the election results. The things he did say were ludicrous: “This is an issue that is not an issue so I’m not going to make it an issue.” “I’m not going to answer your hypothetical question when, in fact, I believe the American people are speaking today on the results of the election.” “This is why so many Americans believe that NBC is an extension of the Democrat Party.”

The same day, North Dakota Governor Doug Burgum ran for the hills when CNN’s Jake Tapper asked him about potential political violence after the election. He spat out some evasive nonsense about how the important thing about the election is that “both sides feel good about how it was counted.” We all know what that means: If one party (gee, which one?) doesn’t “feel good” about the vote count, then violence might be justified.

These are, in one way, dismissible men. But these are not dismissible comments. This is new. And it’s worth thinking about.

In 2016, Trump went around saying things like, “I will totally accept” the election results “if I win.” But it wasn’t yet holy scripture. In fact, that fall, Trump’s running mate avowed that the GOP would play by the rules. “We will absolutely accept the results of the election,” Mike Pence told Chuck Todd on Meet the Press on October 16.

This was very important at the time. It allowed people to think Trump was just blustering, wasn’t to be taken seriously. And his position was seen as a clear liability. Three days after Pence’s Meet the Press appearance, Trump debated Hillary Clinton. Trump refused to affirm to moderator Chris Wallace that he’d accept the election results. Even Republicans asked by Politico agreed that it was Trump’s worst moment of the debate. Said an Ohio Republican: “His answer on not accepting the results of the election [is] disqualifying—and that’s not an ‘elite’ position.” Added a New Hampshire GOPer: “Refusing to accept the outcome of a legitimate American election and refusing to commit to the peaceful transition of power is disqualifying. Stunning.”

Those Republicans reflected a consensus then among the Republicans Politico asked, and to some extent among rank-and-file Republicans too—53 percent of Republicans even told Politico that Clinton won that debate. The idea that a major party candidate would reject election results was disqualifying, or seemed to be.

Of course, Trump won, so the proposition wasn’t tested then. In 2020, he did the same thing, casting doubt on the veracity of the pandemic-era results throughout the campaign. And we know what came of that: January 6. On that day, remember, 139 House members voted against certifying the election results, while 72 voted to certify (or were absent). Eight GOP senators voted not to certify, while 43 voted to certify Joe Biden’s victory.

Those voting results were depressing enough, but it must be asked: Would we get similar results today? Or will we next January 6, if Trump is declared the loser and contests the results, as he all but inevitably will?

I think this time it would be worse, maybe far worse. As Scott’s and Burgum’s dodges testify, conventional wisdom has changed. Now, it is assured that Trump’s vice presidential choice will, instead of offering Pence’s 2016 reassurances, be right there with Trump in threatening not to accept the results. The new Trump-installed chair of the party, Michael Whatley, is a 2020 election denier whose chief appeal to Trump was that he’s “a Stop the Steal guy.” And the new co-chair, of course, is Lara Trump. Around 60 RNC employees were handed their papers in March. The new application process includes asking job-seekers whether they think the 2020 election was stolen.

The upshot here should be clear enough. This November, the entire party will be armed to fight an adverse election result. This is new—worse, even, than 2020 and 2021. Scott and Burgum helped cement this posture as the new conventional wisdom this week. But really, they were shaping conventional wisdom far less than they were allowing themselves to be shaped by it. If they hadn’t said what they said, they’d be instantly tossed from Trump’s short list.

And the rest of the party? Please. They’ll fall into one of two camps. They’ll enthusiastically parrot the accepted line. Or they’ll use the “It’s not an issue, because Donald Trump will be elected our next president” dodge. And those in the latter camp know very well that the road is littered with the political carcasses of Republicans who defied Trump.

So, again: If January 6, 2025 comes around, and Congress is confronted with a situation similar to that other January 6, how many Republicans will stand up for democracy this time? Jellyfish may not have backbones, but they can still sting.

A Dem’s Principled Opposition to a Grandstanding GOP Antisemitism Bill

Why Jerry Nadler and four other Jewish Democrats voted “no”

Rep. Jerry Nadler
David Dee Delgado/Getty Images
Representative Jerry Nadler in 2022

It’s always worth taking note when a legislator casts an unexpected vote. So it caught my eye Wednesday morning as I was scanning the House roll-call vote on H.R. 6090, the Antisemitism Awareness Act.

It passed by a wide margin, 320–91; 187 Republicans and 133 Democrats voted for it, and 21 Republicans and 70 Democrats against. I scrolled down to look at the “no”s, because votes like this one—which right and left approach, let us say, from different moral universes—always offer an amusing coalition of the unwilling. GOP “no”s included hard-rightists like Lauren Boebert, Paul Gosar, Matt Gaetz, and Marjorie Taylor Greene. Democratic “no”s mostly all came from the Progressive Caucus, even the progressive wing of the Progressive Caucus—Alexandria Ocasio-Cortez, Cori Bush, Rashida Tlaib, and more.

Then a surprising name caught my eye: Jerry Nadler of Manhattan. And another: Jan Schakowsky of Evanston, Illinois. These are both liberal Democrats, of course. But they’re also both Jewish, and they represent heavily Jewish districts. This was interesting.

Thursday, I spoke with Nadler about his vote. I should say that I’ve known and respected Jerry for many years. We met (can it be?) in 1987, when I was a young reporter covering New York politics. Before I get to the matter at hand, a quick story from those days that made me realize that Nadler was willing to take unpopular positions.

There were neighborhood political clubs in those days in Manhattan (they still exist, but their heyday was long ago). In Greenwich Village, there were two clubs: an older and more established one that opposed Mayor Ed Koch, very unpopular by the late 1980s among progressives, and a newer, pro-Koch club. An issue arose at some county Democratic meeting I was covering, I don’t even remember what it was exactly, but I do recall that Nadler, then a state assemblyman, rose to speak in defense of the pro-Koch club’s First Amendment rights. He was booed. I was no Koch fan then, but I thought it was kind of a gutsy thing to do.

Flash-forward. Why did a Jewish congressman from the most famous Jewish district in America (the Upper West Side) oppose an antisemitism resolution? “It’s violative of free speech,” Nadler told me, “and it’s totally unnecessary.”

H.R. 6090 would require the Department of Education’s Office of Civil Rights to use the definition of antisemitism adopted by the International Holocaust Remembrance Association in 2016 when investigating complaints of bias at institutions that receive federal funds. That means college campuses (even private universities like Columbia receive federal grants and so on).

The IHRA definition, debated for years, has been adopted by around 20 countries, including the U.K., Canada, Germany, and more. Its definition is mostly nonproblematic, but to Nadler, one aspect of it threatened to squelch free speech on campuses. “You could read it as saying that criticism of Israel is antisemitic,” he said.

And this is where we get to the question of the Republicans’ motivation in introducing this bill. The IHRA definition is not without controversy, precisely because of some language about criticism of Israel that many consider blurry. Two other definitions of antisemitism have been promulgated—the Jerusalem Declaration on Antisemitism and the Nexus Document. Choosing to rely solely on one of the three definitions struck some critics as concerning. Even the author of the IHRA definition, Kenneth Stern, has become a sharp critic of using it with respect to speech on college campuses, and Nadler told me that Stern opposed this bill.

But: The IHRA definition did have a notable champion in the United States: Donald Trump. As president in 2019, he signed an executive order to protect Jewish students under the Civil Rights Act, using the IHRA definition. Sounds good and uncontroversial, but numerous critics, including progressive Jewish groups, worried about its potential chilling effect on campuses. Stern, writing in The Guardian, argued that his definition “was created primarily so that European data collectors could know what to include and exclude.… It was never intended to be a campus hate speech code, but that’s what Donald Trump’s executive order accomplished this week.”

The Biden administration never rescinded that executive order. However, Biden did launch a different approach. In May 2023, he unveiled the first-ever national strategy to combat antisemitism. The 60-page plan outlined 100 steps that federal agencies committed to complete within a year and was based on input from 1,000 stakeholders.

Biden also proposed increasing the 2024 budget of the Department of Education’s Office of Civil Rights by 25 percent. Republicans proposed cutting it by 25 percent. The ultimate compromise, says Nadler, is that it was flatlined. That battle is being repeated for 2025. House Republicans could shift their position on that, if they want to show that they wish to combat antisemitism in a real way. There’s also a House bill, sponsored by North Carolina Democrat Kathy Manning, that would codify the Biden administration’s approach, and it has an impressive 15 Republican co-sponsors (and 24 Democrats).

Speaker Mike Johnson could put his weight behind that. But as we see on an hourly basis, he (while pretty extreme himself) is dealing with a whole different universe of crazy. Marjorie Taylor Greene explained her opposition to the bill by saying that under it, Christians could be convicted “for believing the Gospel that says Jesus was handed over to Herod to be crucified by the Jews”—an age-old and classic antisemitic fable.

I’m not sure this bill is dangerous. A lot of solid liberals voted for it. I just think it’s worth noting that some Jewish members opposed it (there were three more, in addition to Nadler and Schakowsky: Sarah Jacobs of California, Jake Auchincloss of Massachusetts, and Rebecca Balint of Vermont), in part out of concern that criticism of the policies of Israel could be construed under law as antisemitic.

Antisemitism is certainly all too real, on college campuses and across the country, and obviously, there are times when criticism of Israel can and does include antisemitic tropes. But the laws of the United States should help clarify the difference between antisemitism and criticism of Israel, not obscure it.

This article first appeared in Fighting Words, a weekly TNR newsletter authored by editor Michael Tomasky. Sign up here.

Samuel Alito’s Resentment Goes Full Tilt on a Black Day for the Court

The associate justice’s logic on display at the Trump immunity hearing was beyond belief. He’s at the center of one of the darkest days in Supreme Court history.

Samuel Alito
Alex Wong/Getty Images

On the day Donald Trump took office in January 2017, pondering what he might do to the country’s democratic norms and institutions, I wrote these words: “Trump will destroy them, if keeping Trump on top requires it. Or try to. He might not succeed. And that is where we rest our hope—on conservative judges who will choose our institutions over Trump. Mark my words: It will come to this.”

That hope seemed not misplaced back in 2020 and 2021, when a number of liberal and conservative judges, some of the latter appointed by Trump himself, handed Trump 60 or so legal defeats as he attempted to unlawfully overturn the election results. But after Thursday at the Supreme Court? That hope is dead. The conservative judges, or at least most of them, on the highest court in the land are very clearly choosing Trump over our institutions. And none more belligerently than Samuel Alito.

His line of questioning to Michael Dreeben, the attorney arguing the special counsel’s case, was from some perverse Lewis Carroll universe:

Now if an incumbent who loses a very close, hotly contested election knows that a real possibility after leaving office is not that the president is going to be able to go off into a peaceful retirement, but that the president may be criminally prosecuted by a bitter political opponent, will that not lead us into a cycle that destabilizes the functioning of our country as a democracy?

Let’s look to something I’d have thought lawyers and judges took seriously: historical evidence. American democracy has existed for nigh on 250 years, and power has been transferred from a president to his successor a grand total of 40 times (not counting deaths in office). On 11 occasions, a challenger has defeated a sitting incumbent—that is, a situation that creates the potential for some particularly bitter and messy post-election shenanigans.

Now, if Alito’s question really spoke to a malign condition that had hobbled American democracy throughout history and that loomed as a real problem that we had to take very seriously, it would stand to reason that our history suggested that these power transfers had had a wobbly history—that maybe, say, 12 of 40, and four or five of the 11, had been characterized by violence and unusual threats of retribution against the exiting executive.

But what does the record show? It shows, of course, that there is only one case out of the overall 40, and one case out of the more narrowly defined 11, in all of U.S. history where anything abnormal and non-peaceful happened. That, of course, was 2020.

And there was a lot of bad blood in previous transfers of power. You think John Adams loved the idea of handing power to Thomas Jefferson? John Quincy Adams was popping champagne to turn things over to Andrew Jackson? Grover Cleveland and Benjamin Harrison, who traded wins, weren’t bitter in defeat? These people couldn’t stand each other. But they did what custom required—a custom never questioned by anyone until Trump came along.

So in other words: Alito throws all that democratic history out the window and treats Trump as the new normal, assuming that the American future is ineluctably strewn with a series of lawless Trumps. Alas, with respect to the Republican Party, there’s a chance time will prove him right about that (but only a chance; my cynicism about the depths to which this GOP will sink is almost limitless, but even I think that Trump is most likely sui generis in this respect, and that your average Republican, even the neofascist ones like Tom Cotton, should we be cursed with a Cotton presidency someday, would probably yield power peacefully if he lost).

But think about what it says about both where Trump has delivered this country, and about Alito’s assumptions about democracy. On the former point: Have we now reached a place where challenges to election results are going to be the norm? Where an opposition party can be counted on to find some legal technicality on which to prosecute a former president, rather than leaving him or her in peace as we have throughout our history?

This is another twisting of reality. Trump, his defenders would protest, is the one former president who has not been left in peace. Well, that is true, I confess. But maybe there’s a reason for it! Actually, there are two. Trump has not been left in peace because a) it was always obvious he was not retired, and b) he’s the only ex-president who tried to foment a coup against the United States of America and who declassified sensitive national security documents with his beautiful brain.

And on the latter point: When George W. Bush named him to the court in 2005, experts told us—of course—that Alito was conservative, yes, but not an extremist (interestingly, Maryanne Trump Barry, Donald’s sister under whom Alito had worked as a prosecutor, was among those recommending Alito’s nomination). As The New Yorker reported in a 2022 profile, Alito was asked in 2014 to name a character trait that hadn’t served him well. His answer? A tendency to hold his tongue. Well, that problem’s been solved, eh? As writer Margaret Talbot noted of the justice, who ignored Chief Justice John Roberts’s importunings to strike a balance in the Dobbs decision, which he wrote: “He’s holding his tongue no longer. Indeed, Alito now seems to be saying whatever he wants in public, often with a snide pugnaciousness that suggests his past decorum was suppressing considerable resentment.”

And this week, he told us, in essence, that in his view democracy depends on allowing presidents to commit federal crimes, because if ex-presidents were to be prosecuted for such things, the United States would become a banana republic. That’s a Supreme Court justice saying that. And while Neil Gorsuch, Brett Kavanaugh, and even Clarence Thomas didn’t go that far Thursday, it was obvious that the court’s conservatives are maneuvering to make sure that the insurrection trial doesn’t see the light of day before the election—in other words, that a sitting president who very clearly wanted Congress to overturn a constitutionally certified election result (about this there is zero dispute) should pay no price for those actions.

When I wrote seven years ago that we rested our hope on conservative judges who will choose our institutions over Trump, trust me, I wasn’t saying I was confident that they would. I was terrified that that day would eventually come. It came yesterday. The conservative jurists chose Trump. It will stand as one of the blackest days in Supreme Court history.

This article first appeared in Fighting Words, a weekly TNR newsletter authored by editor Michael Tomasky. Sign up here.