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Ron DeSantis’s Orwellian Redefinition of Freedom

The Atlantic

www.theatlantic.com › ideas › archive › 2023 › 04 › desantis-disney-lawsuit-free-speech-florida › 673903

Florida Governor Ron DeSantis has long presented himself as a principled champion of “freedom.” In Congress, he was a founding member of the Freedom Caucus. He refers to himself as “governor of the free state of Florida.” And while laying the groundwork for a possible presidential run, he is promoting a book on his approach that he titled The Courage to Be Free.

[Read: The forgotten Ron DeSantis book]

On Wednesday, Florida’s biggest employer, Walt Disney Parks and Resorts, filed a lawsuit alleging that DeSantis is violating its First Amendment right to freedom of speech. According to the complaint, “a targeted campaign of government retaliation—orchestrated at every step by Governor DeSantis as punishment for Disney’s protected speech—now threatens Disney’s business operations, jeopardizes its economic future in the region, and violates its constitutional rights.”

The case will subject DeSantis’s understanding of freedom and what protecting it requires to the crucible of constitutional law. And his position is likelier to shatter than to withstand the heat.

“The facts and law in this case are not good for Governor DeSantis,” former Representative Justin Amash, who was also a member of the Freedom Caucus, said on Twitter. “He and his allies took action not to make all companies live by the same rules but instead to target Disney with harsh conditions that apply to Disney alone—all as punishment for constitutionally protected speech.”

The controversy began in 2022, during DeSantis’s ultimately successful push to pass the Parental Rights in Education Act, which opponents have disparagingly dubbed the “Don’t Say Gay” law. Among other things, the law forbids public schools from engaging in any classroom discussion or instruction about sexual orientation or gender identity prior to fourth grade.  

After legislators passed the law, as it awaited DeSantis’s signature, Disney employees protested the company’s silence, prompting Disney’s then-CEO, Bob Chapek, to speak publicly against it.

Soon Disney was declaring, “Our goal as a company is for this law to be repealed by the legislature or struck down in the courts, and we remain committed to supporting the national and state organizations working to achieve that”––a lawful stance that DeSantis treated as illegitimate. “It is one thing to take a position opposing the bill, even if by doing so the company is perpetuating the left’s false narratives,” he wrote in his book. “But it is quite another for Disney to pledge to work to seek the repeal of legislation.” With that promise, “supposedly family-friendly Disney was moving beyond mere virtue signaling to liberal activists,” he continued. “Instead, the company was pledging a frontal assault on a duly enacted law of the state of Florida.”

That formulation is strange. Opposing a bill’s passage and favoring a law’s repeal are equally legitimate civic actions. Neither is equivalent to violating, let alone assaulting, the law. Yet according to Disney’s lawsuit, DeSantis has been retaliating against the company for its lawful advocacy. For example, when Disney World was created, the Tallahassee Democrat explains, “neither Orange nor Osceola counties had the services to provide power and water to the remote 25,000-acre property.” So in 1967, “the Florida Legislature, working with Walt Disney World Co., created a special taxing district—called the Reedy Creek Improvement District—that would act with the same authority and responsibility as a county government,” and allow Disney to levy extra taxes on itself to improve roads and other infrastructure. After Disney spoke out against DeSantis’s bill, the governor and his allies eliminated that arrangement. Of course, Florida is within its rights to reconsider and end any of the special districts it has created for businesses––but the Constitution does not permit the state to take even otherwise lawful actions in retaliation for engaging in protected speech.

Not only is the ability to engage in political speech without being punished by the state a right that the Supreme Court has recognized for individuals and corporate entities alike; it is at the core of the First Amendment’s freedom-of-speech guarantee. But DeSantis has described an alternative view of what it means for the state to protect freedom: all the usual things, plus shielding the public from the left’s activism.

[Edward Wasserman: My newspaper sued Florida for the same first-amendment abuses DeSantis is committing now]

To understand his position, consider remarks he delivered last week at the College of Charleston, during a stop on his book tour. For long stretches of his speech, it was easy to mistake him for a conventional supporter of expansive freedoms. “We’re No. 1 for economic freedom, we’re No. 1 for education freedom, we are No. 1 for parental involvement in education, we’re No. 1 for public higher education … and famously––and as long as I’m around, permanently––we have no state income tax,” he bragged of his record in Florida. “None of that would have been possible had we not stepped up to the plate when COVID arrived on the scene. When the world went mad, when common sense suddenly became an uncommon virtue, it was Florida that stood as a refuge of sanity and a citadel of freedom.”

As a Californian, I understand that pitch’s appeal. Despite better food, weather, and scenery, and fewer shark attacks, lightning strikes, and predatory reptiles creeping around public spaces, my state is losing residents while Florida gains them. Our dearth of freedom to build new dwellings has burdened us with punishing housing costs and immiserating homelessness. Our dearth of educational freedom consigns kids from poor families to failing schools. Our higher-than-average taxes do not yield better-than-average public services or assistance. And during the coronavirus pandemic, far from being a refuge of sanity, California responded with a lot of unscientific overzealousness, like the needless closure of beaches and parks.

Precisely because I value freedom highly, I was alarmed by other parts of DeSantis’s pitch, where he construes what it means for Floridians to be free so expansively that he winds up advocating for the use of state power in ways that would stymie the freedom of his ideological opponents. As DeSantis put it in his College of Charleston speech, the people of Florida are on his side insofar as they want an economy where businesses “focus on their core mission of providing whatever service or whatever they’re doing in the economy and not getting mired into woke political activism.” He specifically attacked Disney and a recent Bud Light campaign for aligning with LGBTQ activists in the culture wars.

This line on corporations echoed his perspective in his book. “Woke capital exerts a pernicious influence on society in several ways,” DeSantis wrote. “Of course, it is a free country, and they have the right to take these positions.” Of course. But onstage in Charleston, he didn’t just complain that “you have different institutions in society that are trying to advance the woke agenda.” “We fight it everywhere we can,” he said of wokeness in Florida, explaining: “I don’t think you have a truly free state just because you have low taxes, low regulation, and no COVID restrictions, if the left is able to impose its agenda through the education system, through the business sphere, through all these others. A free state means you’re protecting your people from the left’s pathologies across the board.” I’d describe that as an anti-woke nanny state, not a state that values and protects freedom.

[Yascha Mounk: How to save academic freedom from Ron DeSantis]

Neither my freedom nor yours requires the state to protect us from an entertainment company urging the state legislature to repeal a bill, or a beer company putting a trans influencer on a can, or whatever else DeSantis regards as a pathology. Indeed, we remain free in part because the First Amendment prevents the state from engaging in that sort of viewpoint discrimination.

In Charleston last week, DeSantis questioned the legitimacy of seeking change through civil society rather than elected legislatures, a practice that is inextricable from life in a liberal democracy. According to DeSantis, the “constitutional” way to change policy is, “You run elections and you can put people [in office] to influence policy.” Woke companies, in contrast, “know their policies would never be able to pass muster at the ballot box. So what they’re trying to do is an end run around the constitutional system, use their economic power to impose these policies outside the normal system,” with no electoral recourse. “If you want to preserve freedom in this country,” he said, “we need to be fighting back against woke capital.”

But working for cultural change through nongovernmental institutions and associations is not an end run around the constitutional system––the Constitution explicitly protects our ability to associate with whomever we like and to speak collectively on behalf of or against any policy or practice, whether as Disney or Hobby Lobby, the ACLU or the NRA, Dylan Mulvaney or Matt Walsh. In our constitutional system, politicians who don’t like that cannot lawfully do anything about it.

DeSantis is not alone among governors in transgressing such boundaries. For example, as David French complained last month in his New York Times column, ​​”Gov. Gavin Newsom announced that the State of California would not renew a multimillion-dollar contract with Walgreens—not because Walgreens had failed to comply with its contractual obligations but rather because it had responded to Republican legal warnings and decided not to dispense an abortion pill in 21 red states. Newsom used his political power to punish a corporate position he opposed.”

What’s more, denying that corporations have free-speech rights to influence the political process was coded as progressive until very recently. Much of the left was apoplectic in 2010 when the Supreme Court ruled in Citizens United that corporations have the same First Amendment rights that individuals do and that “there is simply no support for the view that the First Amendment, as originally understood, would permit the suppression of political speech by media corporations.” Regardless, that is the law of the land. In spite of it, DeSantis and his allies are treating opposition to their agenda as if it legitimates punishment. In doing so, they betray a dearth of confidence in their supposed conviction that we’re best off with freedom and shrink any faith I had in their willingness to respect mine.

The Preemptive Republican Surrender to Trump

The Atlantic

www.theatlantic.com › ideas › archive › 2023 › 04 › trump-2024-election-republican-primary-nomination-opponents › 673882

Donald Trump inspires an uncommon devotion among his most ardent followers, which can obscure a surprising fact about his present political position: Many, if not most, Republicans do not want him to be their party’s next nominee for president. As of today, according to the polling averages of both FiveThirtyEight and RealClearPolitics, Trump has consolidated only half of the Republican primary vote, with the rest split among Florida Governor Ron DeSantis, former United Nations Ambassador Nikki Haley, and a handful of other alternatives. The numbers suggest that despite the former president’s best efforts, half of his own party’s voters want to move on. What they can’t agree on is who should displace Trump as their standard-bearer.

If this sounds familiar, it should. In 2016, Trump was repeatedly outpolled by the field of Republican candidates, and hovered around 35 percent on the eve of the Iowa caucuses in February, which he then lost to Senator Ted Cruz. But as the campaign wore on, Trump’s devoted following of a third of GOP primary voters was enough to propel him to victory over a divided group of opponents. He was greatly helped by their tactics—or lack thereof. Instead of attacking Trump as the front-runner, his rivals assailed one another, hoping that Trump would collapse of his own accord and they would inherit his supporters. Rather than consolidate behind a single alternative to Trump, the other contenders fought onward in state after state. This infighting enabled Trump to scoop up the most delegates, even though he never won a state with more than 50 percent of the vote until New York’s primary, on April 19. Soon, Trump’s opponents were out of money and he was the presumptive nominee.

The primary worked out poorly for the GOP establishment and its professional politicians, who found themselves on the losing end of a hostile takeover by an outsider. Yet in the run-up to the 2024 election, the Republican Party looks set to repeat this pattern, with Trump cruising to renomination amid a splintered field. The question is why.

A week ago, conservatives gathered at the Iowa Faith and Freedom Coalition’s spring kickoff, a prelude to the presidential campaign. For Trump’s challengers, the event offered the opportunity to introduce themselves to an influential electorate and explain why they should succeed the former president as the Republican nominee. But that is not exactly what happened. “The candidates who bothered to make the trip barely bothered to try to knock the front-runner from his perch,” The New York Times reported. “Their strategy appeared straightforward: Avoid confrontation with the better-known, better-funded front-runners, hope Mr. Trump’s attacks take out—or at least take down—Ron DeSantis, the Florida governor who is second in most Republican polls, and hope outside forces, namely indictments, take out Mr. Trump.” Indeed, the only candidate who drew any fire at all was DeSantis, who did not attend the gathering, and ended up serving less as an alternative to Trump than as his human shield.

Trump enters the 2024 campaign with an array of new vulnerabilities that could be readily exploited by an ambitious opponent eager to appeal to the Republican primary electorate. You got rolled by Dr. Fauci and locked down the country, then lost to a doddering old man in an election you claimed was stolen but whose heist you proved powerless to prevent, they might say. Challengers like DeSantis might also point to national polls that show the Florida governor outperforming Trump in a matchup with President Joe Biden (who himself once rode an air of electability to the nomination). While you and your handpicked candidates in Arizona, Georgia, and Pennsylvania have been losing elections, I’ve been winning them by historic margins in Florida.

[Read: Just call Trump a loser]

So far, none of this has happened. The arguments may be there, but no one of consequence is making them. Instead, history seems poised to repeat, with Trump primed to win renomination against a divided field of opponents who refuse to take him on until it’s too late. This may appear baffling, but there are actually good reasons no challenger has been willing to take the fight to Trump.

To begin with, it’s easy to propose that Trump-skeptical Republicans should unite behind a single theoretical candidate. It’s a lot harder to find an actual candidate who can unite them. Ron DeSantis voters want something different than Nikki Haley voters, who want something different than voters for Senator Tim Scott. Back in 2020, the Democratic Party solved a similar problem by turning to Biden to defeat the surging socialist Bernie Sanders. But Biden was a popular former vice president whom most factions found acceptable, if not ideal. No candidate in today’s Republican Party has Biden’s broad shoulders and innocuous appeal.

Similarly, Biden’s success was made possible by his lock on a core constituency of the Democratic primary electorate: Black voters. He lost badly in the early primary states, but took 49 percent in South Carolina, buoyed by then–House Whip Jim Clyburn’s fulsome endorsement. In the 2024 Republican primary, only one candidate has the demonstrated devotion of a key constituency, and that’s Trump with his base.

This is also why tearing into Trump is such an imposing prospect. While it’s true that there are new lines of attack that might work on today’s Trump, whoever is the first to unleash them will likely bear the brunt of the backlash from his supporters. No candidate wants to be the first into the fray, because turning on Trump may doom their prospects, even if it opens up political space for others.

This is the reason Republican contenders have once again fallen back on the hope that Trump will collapse on his own, and that outside forces—the justice system, the media, even old age—will swoop in and take care of the former president for them. But Trump’s indictments won’t sway Republican primary voters who have already dismissed them, and the mainstream media’s critical coverage won’t persuade GOP loyalists who don’t read or trust it.

The hard truth that Republican challengers have yet to absorb is that if their strategy to beat Trump is to hope that someone else beats Trump for them, they are not serious alternatives to Trump. Likewise, expecting people outside the Republican Party to police the Republican Party is not a strategy; it’s a surrender. The only actors who have any chance of altering the primary’s trajectory are those with credibility in Republican politics, whether they are politicians or popular commentators. There’s no guarantee that taking on Trump will yield a different outcome, but refusing to do so guarantees him a glide path to the nomination.

My Newspaper Sued Florida for the Same First-Amendment Abuses DeSantis Is Committing Now

The Atlantic

www.theatlantic.com › ideas › archive › 2023 › 04 › desantis-disney-free-speech-florida-nick-navarro › 673848

In the late 1980s, the fortunes of Nick Navarro, the sheriff of Broward County, Florida, were on the rise. Elected in 1984 and on his way to nearly tripling his agency’s budget, he was also demonstrating a flair for dealing with the media—“P. T. Barnum with a Cuban accent,” said one South Florida defense lawyer. Navarro and his office starred in the inaugural season of Cops, the pioneering Fox reality-TV series, and made national news by clashing with the rap star Luther Campbell—including having him arrested—for sexually explicit lyrics on albums by Campbell’s 2 Live Crew.

Navarro’s relations with the media weren’t universally cordial, however, and spawned a constitutional challenge that may now have profound implications for another publicity-loving Florida politician, Governor Ron DeSantis: It exposes one of DeSantis’s most recent high-profile gambits as a brazen violation of the First Amendment.

On November 17, 1988, a Fort Lauderdale daily, The Broward Review, ran a front-page article that Sheriff Navarro found especially vexing. It was headlined “Navarro Failed to Act on Corruption Warnings,” with the subhead “Broward Sheriff didn’t pursue reports that a Bahamian cocaine trafficker was bribing his deputies.”

The story was the latest in a series the Review had run criticizing the Broward sheriff’s office, the county’s largest law-enforcement agency, and Navarro was fed up. The morning it appeared, he ordered a halt to the 20-year business relationship between the sheriff’s office and the Review, which, along with covering local business and law, had been the chief publishing venue for required public notices of sheriff’s sales and forfeitures. This revenue amounted to thousands of dollars each year—not a fortune, but enough to matter to a small daily.

[From the July/August 2020 issue: The dark soul of the sunshine state]

I was the editor in chief of the Review (later renamed the Broward Daily Business Review) and its sister papers in Miami and West Palm Beach, which were owned by American Lawyer Media, the legal publisher created and run by the journalist and entrepreneur Steven Brill. When I told Brill what Navarro had done, he conferred with his friend Floyd Abrams—the First Amendment litigator who had represented The New York Times in the Pentagon Papers case—and we did the traditional American thing: We sued.

We won in 1990, after a two-day trial in the U.S. District Court in Miami. We were upheld unanimously on appeal to the Eleventh Circuit in Atlanta. Navarro’s appeal to the U.S. Supreme Court was rebuffed.

We won because what Navarro did was plainly illegal. He had used the power of his public office to punish my newspaper for exercising its First Amendment rights.

The parallels between Navarro’s actions and those of the current governor are unmistakable. DeSantis has spearheaded the successful move to withdraw something of value from the Walt Disney Company—its 50-year control of the special taxing district that essentially governs a 25,000-acre Central Florida spread including Disney World—in reprisal for Disney’s vocal criticism of Florida’s Parental Rights in Education Act, assailed as homophobic. With DeSantis, as with Navarro, public authorities withheld a public benefit as punishment for exercising a core constitutional right, and yesterday Disney finally sued.

Even in 1988, the law in this area was neither subtle nor oblique. Brill told me he got the idea of suing the sheriff from his recollections of a class in constitutional law taught by Thomas I. Emerson, a legendary First Amendment scholar at Yale, and Abrams was able to rely on fresh precedent: a 1986 case out of Mississippi—upheld by the Fifth Circuit—that was almost precisely on point. There, the federal court ordered a local governing board to restore public-notice advertising it had yanked from a local newspaper in retaliation for the paper’s criticism of its performance.

The principle wasn’t new even then. In a 1972 U.S. Supreme Court case brought by a fired community-college teacher, Associate Justice Potter Stewart wrote the majority opinion: “For at least a quarter-century, this Court has made clear that even though a person has no ‘right’ to a valuable governmental benefit and even though the government may deny him the benefit for any number of reasons, there are some reasons upon which the government may not rely. It may not deny a benefit to a person on a basis that infringes his constitutionally protected interests—especially, his interest in freedom of speech.”

The main difference between the Navarro case and the DeSantis-versus-Disney affair was Navarro’s refusal to admit to his motives. In deposition, Navarro acknowledged that he had learned of the November 17 article from an aide on the morning it ran, while he was vacationing in the Bahamas. Still, he claimed to have ordered the severing of the business relationship out of concern that the Review’s circulation was too low, even though he could cite no circulation numbers or indications that sales picked up after ads began running elsewhere. (During a break in Navarro’s deposition, the Review’s lead counsel, Abrams, said to me, “Now we know what his defense is—a fabrication.”) Elsewhere, Navarro offered further justifications for what he’d done, telling one Review reporter he ran into in a convenience store, “A man’s got to do what a man’s got to do.”

Unlike Navarro, however, there’s no fabrication or ambiguity when it comes to the recent actions of Florida Governor DeSantis and state lawmakers. DeSantis has proudly denounced Disney for its “wokeness,” in particular its public opposition to the “Don’t Say Gay” law, which severely restricts classroom instruction related to sexual orientation and gender. “I think they crossed the line,” DeSantis said of Disney last spring. “We’re going to make sure we’re fighting back when people are threatening our parents and threatening our kids.”

In a tweet a few weeks later, DeSantis elaborated: “You’re a corporation based in Burbank, California, and you’re going to martial your economic might to attack the parents of my state?” he wrote. “We view that as a provocation, and we’re going to fight back against that.”

The result was a bill, passed by the legislature, to strip Disney of authorization granted in 1967 that allowed it to administer the expanse outside Orlando where Disney World is located.

The money is of a different order of magnitude, but at their core, the anti-Disney moves are illegal for the same reason Sheriff Navarro’s advertising cutoff was illegal: They are governmental actions that punish a private person or entity for exercising constitutional rights.

[From the May 2023 issue: How did America’s weirdest, most freedom-obsessed state fall for an authoritarian governor?]

As Abrams wrote to me, “Florida didn’t have to make any deal with Disney in the first place. It was free to seek to change the terms of it or even abandon it for all sorts of reasons except one: that Disney exercised its First Amendment right to speak out on an issue of public policy. Just as Sheriff Navarro was barred by the First Amendment from cancelling a commercial relationship with a publication because it had criticized him, Gov. DeSantis violated the First Amendment by stripping Disney of a benefit because of its public position on anti-gay rights legislation.”

Likewise, the First Amendment scholar Erwin Chemerinsky, the dean of UC Berkeley’s law school, wrote in an email to me, “The law is clear that retaliation against a person—that includes a corporation—for its speech violates the First Amendment. Gov. DeSantis and the Florida legislature have done exactly that, and said that is what they were doing, in its reprisal against Disney.”

Navarro lost his race for a third term as sheriff and left office in 1993. At the time, some commentators blamed his media notoriety, especially his dustup with 2 Live Crew, for his defeat. (Navarro passed away in 2011.) The Broward Review case seems to have played no role in his downfall. Indeed it did little beyond winning my paper $23,000 in damages and our lawyers hundreds of thousands of dollars in fees.

It would, however, be a delicious sort of irony if the ruling—a response to Navarro’s petulant and vindictive actions—now resurfaces as his most enduring contribution to the rule of law, and affirms anew one of our country’s most basic principles.  

The Coming Biden Blowout

The Atlantic

www.theatlantic.com › ideas › archive › 2023 › 04 › gop-republicans-2024-election-biden-trump › 673856

The Republican plan for 2024 is already failing, and the party leadership can see it and knows it.

There was no secret to a more intelligent and intentional Republican plan for 2024. It would have gone like this:

1). Replace Donald Trump at the head of the ticket with somebody less obnoxious and impulsive.

2). Capitalize on inflation and other economic troubles.

3). Offer plausible ideas on drugs, crime, and border enforcement.

4). Reassure women worried about the post-Roe future.

5). Don’t be too obvious about suppressing Democratic votes, because really blatant voter suppression will provoke and mobilize Democrats to vote, not discourage them.

Unfortunately for them, Republicans have turned every element of the plan upside down and inside out. Despite lavish anti-Trump donations by big-money Republicans, Trump is cruising to easy renomination. Rather than capitalize on existing economic troubles, Republicans have started a debt-ceiling fight that will cast them as the cause of America’s economic troubles. Worse for them, the troubles are fast receding. Inflation is vexing, but the recession that Republicans hoped for did not materialize: Instead, Joe Biden has presided over the fastest and steepest unemployment reduction in U.S. economic history since he took office in January 2021.

[David Frum: Biden laid the trap. Trump walked into it.]

The big new Republican idea to halt the flow of drugs is to bomb or invade Mexico. Instead of reassuring women, Republican state legislators and Republican judges are signaling that they will support a national abortion ban if their party wins in 2024—and are already building the apparatus of surveillance and control of women necessary to make such a ban effective. Republican state-level voter-suppression schemes have been noisy and alarming when the GOP plan called for them to be subtle and technical.

It’s early in the election cycle, of course, but not too early to wonder: Are we watching a Republican electoral disaster in the making?

Biden’s poll numbers are only so-so. But a presidential election offers a stark and binary choice: this or that? Biden may fall short of some voters’ imagined ideal of a president, but in 2024, voters won’t be comparing the Democrat with that ideal. They will be comparing him with the Republican alternative.

An American must be at least 36 years old to have participated in an election in which the Republican candidate for president won the most votes. An American must be at least 52 years old to have participated in two presidential elections in which the Republican nominee got the most votes.

Despite this, over the past 30 years, the GOP has succeeded in leveraging its smaller share of the vote into a larger share of national power. That same 36-year-old American has lived half of his or her adult life under a Republican-controlled Senate, and even more of it under a Republican-majority House of Representatives. Through almost all of that American’s adult life, Republicans have held more than half of all state legislatures. Conservative dominance of the federal courts has become ever more total in the past two decades, culminating in the Supreme Court’s reversal of Roe v. Wade.

[Tom Nichols: Trump did it again]

Some of the Republicans’ leverage can be explained by the American electoral system’s tilt against metropolitan areas. Some of their success is due to luck. The GOP’s big year of 2010 also happened to be a redistricting year, so one successful election translated into a decade of more comprehensively gerrymandered state legislatures. (Democrats have not had a big win in a redistricting year since 1930.)

But the tilt is not infinite, and the party’s luck is running out. Republicans have suffered a series of heavy defeats since the rise of Trump: loss of the House in 2018, loss of the presidency in 2020, loss of the Senate in 2021, losses at the state level in 2022 (Democrats won net two governorships and net four legislative chambers).

Trump-era Republicans have difficulty absorbing and reacting to negative news. Led by Trump himself, they misrepresented 2016 as—in the words of his former adviser Kellyanne Conway—a blowout, historic landslide. They misrepresented 2020 as an election that they deservedly won, but that was stolen from them by fraud and chicanery. Out-of-office Republicans like Paul Ryan will acknowledge on CNN that Trump lost. But they won’t say it on Fox News. Trump’s own leading party rival, Florida Governor Ron DeSantis, won’t say it. And if Trump is indeed the primary winner that he insists he is, what on Earth is the case for denying this political superstar the third nomination he wants?

[David Frum: Is Ron DeSantis flaming out already?]

The Democrats, by contrast, are a party that has trouble absorbing and reacting to good news. Few Democrats predicted that the party would do as well as it did in 2022. Most feel deep dread and anxiety about 2024.

Maybe it’s good to guard against complacency. The American electoral system’s tilt against Democratic-voting regions remains as pronounced as ever. The Senate map is especially unpromising for Democrats. Yet it’s also important to understand that although America is intensely and bitterly polarized, it is not evenly polarized.

The potential strength of the Democratic coalition is greater than that of the Trump coalition. The Democratic disadvantage is that their coalition spans a lot of groups that face extra difficulties casting a ballot: renters, college students, hourly workers, single parents, people who don’t own cars. The American voting system has been engineered to deter and discourage them.

If motivated to turn out, however, those deterred and discouraged blocs can swing elections. In 2018, 36 percent of 18-to-29-year-olds turned out, the highest level recorded. Their votes helped change control of the House. Turnout of this cohort in 2022 finished second only to what it had been in 2018, and those votes altered the political complexion of many state legislatures. The state that had the highest youth turnout in 2022 was Michigan—not so coincidentally, the state where Democrats scored some of their biggest gains, flipping both chambers of the state legislature from red to blue.

Chief among what motivates voters who face obstacles is hope. People will endure and overcome barriers when they feel that their vote can make a difference. If Democrats succeed in communicating hope in 2024 that young people can contribute to a decisive defeat of Trump and MAGA extremism, then that is what they will do.

[Peter Wehner: The institutional arsonist turns on his own party]

This cycle, that hope is well founded. Republicans are doing everything wrong. They are talking to their voters about Trump’s personal grievances and about boutique culture-war issues that their own base does not much care about, such as the state of Florida’s “war on Disney.” At the same time, Republican leaders are confronting Democratic voters with extremist threats on issues they care intensely about: bans on abortion medication by mail, restrictions on the freedom of young women to travel across state lines, attacks on student voting rights, proposed big cuts to Medicaid and food stamps in the GOP debt-ceiling ransom demand. Republicans offer no economic message and no affirming vision, even as they make new moves to police women’s bodies and start a land war in Mexico. They are well on their way to earning a deep, nasty defeat—and the smell of that defeat may be an additional draw to the polls for the Democratic-leaning constituencies that will inflict it.

Of all the major-party candidates to run for president since 2000, only one scored worse than Trump in the popular vote: John McCain in 2008. That was not a personal verdict on McCain. He was running for a third Republican term in the throes of the worst economic catastrophe since the Great Depression and against the backdrop of the most grinding military frustration since Vietnam.

Biden’s reelection-announcement video, released yesterday, defines the principal issue at stake in 2024 as “freedom.” From the New Deal to Trump, “freedom” was a Republican slogan; “security” was its Democratic counterpart. But Trump, together with DeSantis, has completely rebranded the GOP as the party of bossing around women, minorities, and young people.

If Trump secures the GOP nomination to run for a second term in 2024, the conditions are all in place to transfer the title of “worst popular-vote loser of the century” from the great Arizona senator to the putsch-plotting ex-president. Trump’s own party is doing its part to deliver this debacle. Soon enough, all Americans will have the opportunity to do theirs.

Chris Christie Is Mad at Me

The Atlantic

www.theatlantic.com › politics › archive › 2023 › 04 › chris-christie-interview-trump-2024-election › 673818

“How many different ways are you gonna ask the same fucking question, Mark?” Chris Christie asked me. We were seated in the dining room of the Hay-Adams hotel. It’s a nice hotel, five stars. Genteel.

Christie’s sudden ire was a bit jolting, as I had asked him only a few fairly innocuous questions so far, most of them relating to Donald Trump, the man he might run against in the presidential race. Christie, the former governor of New Jersey, was visiting Washington as part of his recent tour of public deliberations about whether to launch another campaign.

Color me dubious. It’s unclear what makes Christie think the Republican Party might magically revert to some pre-Trump incarnation. Or, for that matter, what makes him think a campaign would go any better than his did seven years ago, the last time Christie ran, when he won exactly zero delegates and dropped out of the Republican primary after finishing sixth in New Hampshire.

But still, color me vaguely intrigued too—more so than I am about, say, former Arkansas Governor Asa Hutchinson. If Christie runs again in 2024, he could at least serve a compelling purpose: The gladiatorial Garden Stater would be better at poking the orange bear than would potential rivals Ron DeSantis, Mike Pence, and Nikki Haley, who so far have offered only the most flaccid of critiques. Over the past few months, Christie has been among the more vocal and willing critics of Trump. Notably, he became the first Republican would-be 2024 candidate to say he would not vote for the former president again in a general election.

[Read: Just call Trump a loser]

Christie makes for an imperfect kamikaze candidate, to say the least. But he does seem genuine in his desire to retire his doormat act and finally take on his former patron and intermittent friend. Which was why I found myself having breakfast with Christie earlier this week, eager to hear whether he was really going to challenge Trump and how hard he was willing to fight. Strangely, he seemed more eager to fight with me.

It was a weird breakfast. Shortly after 8 a.m. on Wednesday, Christie strolled through the ornate dining room of the Hay-Adams, where he had spent the previous few nights. He was joined by his longtime aide Maria Comella. We sat near a window, with a view of the White House across Lafayette Square, and about 100 feet from the historic St. John’s Episcopal Church, where Trump had staged his ignominious Bible photo op three springs ago.

I started off by asking Christie about his statement that he would not vote for Trump, even if the former president were the Republican nominee. “I think Trump has disqualified himself from the presidency,” Christie said.

So what would Christie do, then—vote for Joe Biden? Nope. “The guy is physically and mentally not up to the job,” Christie said.

Just to be clear, I continued, this hellscape he was currently suffering under in Biden’s America would be as bad as whatever a next-stage Trump presidency would look like?

“Elections are about choices,” Christie said, as he often does. So whom would he choose in November 2024, if he’s faced with a less-than-ideal choice? “I probably just wouldn’t vote,” he said.

Interesting choice! I’m not sure I’ve ever heard a politician admit to planning not to vote, but it’s at least preferable to that cutesy “I’m writing in Ronald Reagan” or “I’m writing in my pal Ned” evasion that some do.

I pressed on, curious to see how committed Christie really was to his recent swivel away from Trump, or whether this was just his latest opportunistic interlude before his inevitable belly flop back into the Mar-a-Lago lagoon. Say Trump secures the nomination, and most of his formal “rivals”—and various other “prominent Republicans”—revert to doormat mode. (“I will support the nominee,” “Biden is senile,” etc.) What’s Christie going to be saying then, vis-à-vis Trump?

We were exactly seven minutes into our discussion, and my mild dubiousness seemed to set Christie off. His irritation felt a tad performative, as if he might be playing up his Jersey-tough-guy bit.

[From the July/August 2012 issue: Jersey boys]

“I’m not going to dwell on this, Mark,” Christie said. “You guys drive me crazy. All you want to do is talk about Trump. I’m sorry, I don’t think he’s the only topic to talk about in politics. And I’m not going to waste my hour with you this morning—which is a joy and a gift—on just continuing talking, asking, and answering the Donald Trump question from 18 different angles.”

I pivoted to DeSantis, mostly in an attempt to un-trigger Christie. Christie has made a persuasive case that DeSantis has been a disaster as an almost-candidate so far, especially with regard to his feud with Disney. But would Christie support DeSantis if he were to somehow defeat Trump and become the nominee?

“I have to see how he performs as a candidate,” Christie said. “I really don’t know Ron DeSantis all that well … I’m going to be a discerning voter,” Christie added. “I’m going to watch what everybody does, and I’m gonna to decide who I’m gonna vote for.” (Reminder: unless it’s Trump or Biden.)

[Read: Just wait until you get to know Ron DeSantis]

I had a few more follow-ups. “So, I know you don’t want to talk about Trump …”

“Here we are, back to Trump again,” Christie said, shaking his head.

Trump, I mentioned, has been the definitional figure in the Republican Party for the past seven or eight years, and probably will remain so for the next few. Not only that, but Christie’s history with Trump—especially from 2016 to 2021—was pretty much the only thing that made him more relevant than, say, Hutchinson (respectfully!) or any other Republican polling at less than 1 percent.

This was when Christie lit into me for asking him “the same fucking question.” Look, I said, at least 40 or 50 percent of the GOP remains very much in thrall to Trump, if you believe poll numbers.

Christie questioned my premise: “No matter what statistics you cite, what polls you cite, that’s a snapshot in the moment, and I don’t think those are static numbers.”

“It’s been true for about seven years,” I replied. “That’s pretty static.”

“But he’s been as high as 85 to 90 percent,” Christie said, referring to Trump’s Republican-approval ratings in the past. There will always be variance, he argued, but those approval ratings would be much smaller now. Christie then accused me of being “obsessed” with Trump.

[Read: Why won’t Trump’s Republican rivals just say it?]

At this point, Christie was raising his voice rather noticeably again, an agitated wail that brought to mind Wilma Flintstone’s vacuum. I was becoming self-conscious about potentially disturbing other diners in this elegant salle à manger.

A waiter came over again and asked if we wanted any food. Christie, who was sipping a cup of hot tea, demurred, and I ordered a Diet Coke and a bowl of mixed berries. “What a fascinating combination,” Christie marveled.

I told Christie that I hoped that he would in fact run, if only because he would be better equipped to be pugilistic than the other milksops in the field. Obviously, it would have been better if Christie had taken his best shots at the big-bully front-runner seven years ago instead of largely standing down, quitting the race, and then leading the GOP’s collective bum-rush to Trump. But he has grown a lot and learned a lot since then, Christie assured me.

“I certainly won’t do the same thing in 2024 that I did in 2016,” Christie said. “You can bank on that.”

“Well, I would hope not,” I said. This seemed to reignite his pique.

“What do you mean, I hope?” Christie snapped. He took umbrage that I would question the sincerity of his opposition to Trump: “How about just paying attention to everything I’ve said over the last eight weeks?”

I told him that I had paid attention to what he said about Trump over the past eight years. Christie nodded and seemed to acknowledge that maybe I had a point, that some skepticism might be warranted.

[Read: Chris Christie says his new book isn’t an act of revenge]

I asked Christie if he had any regrets about anything.

“I have regrets about every part of my life, Mark,” he said.

Whoa.

“And anybody who says they don’t is lying.”

That said, Christie added, he would not change anything about his past dealings and relationship with Trump. He is always reminding people that he and Trump were friends long before 2016; that they went way back, 22 years or so. Christie told me that he and Trump have not spoken in two years. Did he miss Trump?

“Not particularly,” he said.

Do you think he misses you?

“Yes.”

“Really?”

“I do,” Christie said.

“Has he called, or tried to reach out?”

“No, that wouldn’t be his style,” Christie told me. “That would be too ego-violative.” (I made a mental note that I’d never before heard the term ego-violative.)

“But I do think he misses me, yeah. I think he misses people who tell him what the truth is. I think he misses that.”

Christie had another meeting scheduled at nine at the Hay-Adams, this one with Congressman John James, a freshman Republican from Michigan. From Washington, he would head to New Hampshire, where he had a full two-day schedule planned—a town hall, a few campaignlike stops, some meetings. He told me he would make a decision in the next few weeks whether to run.

Before I left the hotel, I asked Christie whether his wife, Mary Pat, thought he should run. “My wife affirmatively wants me to do it, which is different than 2015 and 2016,” Christie told me. “She thinks I’m the only person who can effectively take on Donald Trump.”

That’s kind of what I think, I told him—that he could at least play the role of a deft agitator. Good, Christie said, but Mary Pat’s vote counted for more than mine. “I sleep with her every night,” he explained. I told him I understood.

“Have fun in New Hampshire,” I said as Christie shook my hand and pirouetted out of the dining room. He seemed to be no longer mad, if he ever was.

Pro-DeSantis PAC releases ad attacking Donald Trump

CNN

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Former Democratic senator Al Franken reacts to a new ad attacking former President Donald Trump released by a political action committee that wants Florida Gov. Ron DeSantis to run for president in 2024.

Disney quietly takes power from Florida governor's board

CNN

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The new board handpicked by Republican Gov. Ron DeSantis to oversee Disney's special taxing district said it is considering legal action over a multi-decade agreement reached between Disney and the outgoing board. CNN's Leyla Santiago has the latest.