Over the last month, it’s become clear that while Mike Pence was basically hailed as a hero on January 6 for refusing to overturn the results of the 2020 election, a more apt description would be “guy who did the absolute bare minimum and in fact tried his hardest to figure out a way to stop Joe Biden from being president in service to Donald Trump.” As we learned from Bob Woodward and Robert Costa’s book, Peril, Pence, in his own words, reportedly told Trump that he did “everything” he could to try and stop the certification of a free and fair election, having pleaded with former vice president Dan Quayle to help him figure out if there was any way to pull it off, and telling Quayle, “You don’t know the position I’m in.”
Meanwhile, as the The New York Times reported last week, Pence and his legal counsel, Greg Jacob, took the time to meet with John Eastman—the lawyer who wrote a memo laying out a plan for Trump to overturn the election—and despite seeming skeptical of his powers, Pence appeared to seriously explore the idea of halting the certification of Biden’s win. As Eastman told the Times, “I think Jacob was looking for a way for he and Pence to be convinced to take the action that we were requesting, and so I think he continued to meet with me and push back on the arguments and hear my counters, what have you, to try and see whether they could reconcile themselves to what the president had asked.” In other words, as The Washington Post’s Greg Sargent put it, despite ultimately deciding he didn’t have the power to overturn the results of the election, Pence seemingly wanted “to be convinced otherwise.”
Anyway, we bring all of this up because it’s important to remember that Pence isn’t a great defender of the Constitution not only for posterity’s sake, but because the former V.P. is apparently intent on riding that schtick all the way to the White House in 2024. Per the Post:
Setting aside the fact that Pence himself apparently worked very hard to figure out a way to give Trump what he wanted on January 6, most sane people would agree that whitewashing the events of a day that left five people dead and democracy on life support should disqualify a person from being president (or part of polite society). But as it turns out, it’s not actually those who are horrified about what transpired at the Capitol that Pence needs to worry about when it comes to 2024 support—it’s those who think the insurrection was justified and that he got in the way.
Ask Pence aides and allies—who will be riding the “Pence saved democracy” story for all eternity—though, and the former V.P. will have loads of support, particularly if he focuses on the policy initiatives that got done under the Trump administration. You know, like family separation and travel bans. But even they say he has no shot in hell if you-know-who decides to make another run for the White House.
“Should Donald Trump not run in 2024, the first candidate in the Republican primary to criticize him in any shape or form, he will squash like a bug,” Nunberg told the Post. “If Mike Pence were to publicly criticize Trump for January 6, then I think Trump would look to sink him.”
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Federal judge delivers blistering rebuke to Texas abortion law, Supreme Court conservatives
Like millions of Americans, U.S. District Court Judge Robert Pitman was thoroughly disgusted with Texas’s barbaric, no-exceptions abortion law. And in his case, he was actually able to do something about it. Per CNN:
Pitman’s order blocks any officers of the state from enforcing the ban and explicitly prohibits said officers from “accepting or docketing, maintaining, hearing, resolving, awarding damages in, enforcing judgments in, enforcing any administrative penalties in, and administering any lawsuit” brought under the state law. CNN notes that “The judge also ordered the state to take proactive steps to inform court officials, as well as private individuals seeking to enforce the ban, that the law is currently blocked under his order.” In a statement, Attorney General Merrick Garland celebrate the decision, saying, “today’s ruling enjoining the Texas law is a victory for women in Texas and for the rule of law.”
Unfortunately, thanks to the uniquely fucked-up nature of the law, abortion providers might not yet feel comfortable performing the procedure just yet. Per Bloomberg:
“Each provider will need to make their own determination of whether to provide in the face of the threat that they could be sued for serving their patients retroactively,” Brigitte Amiri, deputy director of the American Civil Liberties Union’s Reproductive Freedom Project, told Bloomberg. She added that the retroactive provision is another “cruel tactic” designed to “harass and intimidate pregnant Texans and their providers.… But as the district court recognized, the retroactivity provision is on shaky legal ground and some providers have explicitly said that they will provide under an injunction.”
About an hour after Pitman issued his ruling, Texas attorney general Ken Paxton—late of arguing that forcing pregnant people to travel out of state for abortions has been great for commerce—filed a notice to appeal the order to the Fifth Circuit Court of Appeals, which is viewed as one of the most conservative in the country. Hence, reactions like these:
Florida is still doing its thing
Its thing being punishing schools for requiring kids to wear masks in the midst of a pandemic with no end in sight thanks to [checks notes] states like Florida. Per CNN:
In a statement, Alachua County superintendent Carlee Simon said her district will “maintain its current masking protocols” despite the sanction, adding, “We believe those protocols comply with state law and our constitutional obligation to provide students with a safe learning environment.” Brevard County superintendent Mark Mullins argued mask mandates are necessary by pointing out that after schools closed without them, “We had over 3,200 positive cases, had to shut down one school and were on the brink of having shut down others.” Mullins added that staff members were also hospitalized. All of which one might think would lead Florida to reconsider its insane policy re: masks, but apparently not so much!
Nothing to see here, just a sitting member of Congress maintaining the jury’s still out on the results of the 2020 election
Elsewhere!