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Three Things: Fraud Trial Begins, Newsom’s Pick, Contingent Aid

[NB: check the byline, thanks. /~Rayne]

It’s going to be a rather busy Monday. Grab your poison of choice — second LARGE cup of joe underway here — and let’s get at it.

~ 3 ~

It’s rather sad this needed to be said yet again in reference to Donald Trump:

“No matter how much money you think you may have, no one is above the law,” James told reporters before entering the courtroom. “The law is both powerful and fragile. And today in court will prove our case.”

But the wretched former guy apparently needs it as the civil fraud trial opens today in New York.

The Trump campaign’s post-debate stunt leaving a bird cage outside fellow GOP candidate Nikki Haley’s hotel room likely encouraged the reminder, on top of Trump’s other egregious behavior including insults about New York AG Letitia James.

The stunt, which followed Trump’s insult on social media saying Haley had a bird brain, didn’t go over well abroad. India’s media took note of this trashy behavior unbecoming a former U.S. president and a current presidential candidate.

One can only wonder if Trump would be both stupid and arrogant enough to pull such a gag on AG James as a dig at the prosecutor.

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California’s Gov. Gavin Newsom will appoint Laphonza Butler to fill the Senate seat in the wake of Dianne Feinstein’s death.

Butler’s appointment is a statement none of the other possible appointees could make. She’s been president of political action committee EMILY’s List since 2021; the organization’s mission has been to get more women elected to office.

Butler has also been a superdelegate for California during the 2016 election when she supported Hillary Clinton. Originally from Mississippi, Butler has worked as a union organizer, last with SEIU where she worked toward raising the minimum wage and taxing the wealthiest Californians.

In 2018 Butler left the SEIU to join a Democratic communications firm, SCRB (now Bearstar Strategies) where she worked on Kamala Harris’ campaign.

Butler is gay and married; she and her partner have a daughter.

So many boxes checked off by one appointment, so many marginalized and suppressed groups now represented. Worth reading Philip Bump’s graphic-laden piece in WaPo to understand what this means.

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Americans know Congress passed a continuing resolution (CR) this weekend establishing a 45-day extension on the budget. Omitted from the extension was financial aid to Ukraine at a time when Ukraine is preparing ahead of winter warfare against aggressor Russia.

The failure to provide aid in spite of efforts by Senate minority leader Mitch McConnell, Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin is in part the result of ongoing influence operations by Russia targeting GOP members of Congress. Like Trump they have fallen prey to the idea that the US has no interest in Ukraine’s democratic sovereignty and that NATO and the EU likewise should play no role in rejecting Russia’s attack on Ukraine.

But the reasons why financial aid to Ukraine may not have passed with the CR isn’t solely due to hostile foreign influence. It’s also linked to ongoing corruption in Ukraine undermining the nation’s sovereignty while cannibalizing the resources needed to repel Russia and build back infrastructure destroyed by the last 19 months’ war.

Ukraine took a large move toward addressing corruption with its arrest of oligarch Ihor Kolomoyskyi on September 2. Kolomoyskyi, appointed Governor of Dnipropetrovsk Oblast in 2014 after the Euromaidan, had already been blacklisted and indicted by the U.S.

This arrest is only one step Ukraine must take. The Biden administration has continued to press the Zelenskyy administration for more measurable efforts on corruption. Without making more substantial headway, it would be difficult for Ukraine to join the EU let alone NATO. Ukraine can’t become a means to drain EU and NATO resources in peacetime.

Zelenskyy will have to make considerable progress over the next 45 days – for this reason alone the near-shutdown and CR have a beneficial effect since both the Biden’s State Department and Zelenskyy can point to a date toward which both will have to work on corruption together.

It’s all the more important that the U.S. at state and federal level also address domestic corruption. The U.S. can’t make a demand of other democracies to tackle corruption without setting an example.

All the more reason why we need to demonstrate and not merely say no person in this democracy is above the law.

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This is an open thread.

Six Weeks: The Tactics of Sammy Alito’s Abortion

Last night, Politico published a February 10 draft opinion in the Dobbs case, authored by Sam Alito, that overturns Roe and Casey entirely. I’ll leave it to experts to analyze the opinion. For my purposes, it matters only that it is legally and historically shoddy (meaning, Alito didn’t even care about making a convincing argument before taking away constitutional protections), and that it would also permit states to roll back protections for gay rights, contraception, and privacy generally.

I’d like to talk about tactics.

This leaked draft opinion, while not unprecedented, is almost that momentous. But the leak of the draft will in no way affect abortion access after June in any case. Since the oral argument, there was never a doubt that Casey, at least, was going to be effectively overturned. The only suspense, then, and now, concerned the scope of rights the Supreme Court eliminated and how John Roberts will vote.

The most hackish five justices support the Alito argument. And — in CNN reporting that is almost as important as the Politico leak — John Roberts would have voted to uphold Mississippi’s sharp restrictions on abortion in any case.

CNN legal analyst and Supreme Court biographer Joan Biskupic reported late Monday that Chief Justice John Roberts did not want to completely overturn Roe, meaning he would have dissented from part of Alito’s draft opinion, likely with the top bench’s three liberals.
That would still give the conservatives a 5-4 majority on the issue.

Roberts is willing, however, to uphold the Mississippi law that would ban abortion at 15 weeks of pregnancy, CNN has learned. Under current law, government cannot interfere with a woman’s choice to terminate a pregnancy before about 23 weeks, when a fetus could live outside the womb.

CNN’s report suggests this leak more likely came from Roberts’ chambers than the most likely other source, Stephen Breyer’s. The most logical explanation for the leak is that Roberts is trying to get his colleagues to adopt a less radical opinion. And if that’s the purpose, it might have the desired effect, both by making it clear what a shit-show the original Alito opinion will set off, but also by exposing the opinion itself to the ridicule and contempt it, as written, deserves.

But that doesn’t change the fact that in one way or another, the national protection for access to abortion is gone by the end of the SCOTUS term next month.

So those who support equality for women (and LGBTQ rights, and privacy generally) should consider this leaked draft as an opportunity to use the next six weeks — assume the final opinion will be released in mid-June — to lay the groundwork for what comes next. Symbolically, those who support equality for women (and LGBTQ people) now have about as long as many states will permit abortions to do something to protect the right to abortion (and to marry who you love) going forward.

It’s not clear how overturning abortion access or the early release of this opinion will affect politics going forward. I can certainly see it driving the plurality of Republicans who support such a radical stance. I can also see this decision being decisive in defeating some anti-choice Senate candidates and maybe, because this was released before the run-off, the remaining anti-choice Democrat, Henry Cuellar. Gavin Newsom has already talked about adding abortion to California’s constitution, and California might not be the only such state. Perhaps it is not too late to find a way to put reproductive rights on the ballot as a referendum (though I assume it is). Certainly, this is way to make abortion support a litmus test for state-wide elections.

Certainly, this decision raises the stakes of Brett Kavanaugh’s lies in his confirmation and Clarence Thomas’ implication in his wife’s participation in a coup attempt.

Democrats are talking about abolishing the filibuster to pass abortion rights, but there’s no indication they have 51 votes to pass it. Maybe this would change things?

But there are other ways to mobilize what is a solid majority (including most large corporations) in the United States to undercut this decision, and possibly to change the tenor of politics in this country. Americans believe that women and gays (at least) should be treated as equals. A radical minority disagrees.

Use the next six weeks to figure out how to isolate them as a radical minority.

Update: Noted that this opinion will just end national protections on abortion access.

Update: Roberts is ordering an investigation, suggesting he is not aware of the leaker’s identity. Others have made persuasive arguments that this is from one of the radicals, attempting to keep the five vote majority.

WaPo Should Go to Columbus To Find Out How Economy Will Reopen, Not Perpetuate Trump’s Myths about It

I complained last Friday about a long WaPo story describing how Trump thinks he’ll reopen the economy next month that, in its ninth paragraph, undermines the entire premise of the story by noting that, “The White House cannot unilaterally reopen the country.” The same paragraph falsely claims that states are following CDC guidelines, when the official social distancing guidelines fall far short of what most governors have now imposed.

In spite of all the focus this week on the fact that Trump doesn’t have that authority, WaPo continues to write stories like that.

This story, naming a rogue’s gallery of discredited economists (Hank Paulson, Stephen Moore, and Arthur Laffer) who are indulging Trump’s delusions about reopening immediately, admits in paragraph 8 that, “governors and mayors have the authority to impose or lift stay-at-home orders and to permit businesses and schools in their localities to reopen.” And this story, talking about a CDC/FEMA “plan” to start opening parts of the economy by geography (which is obviously just a slide show written to meet someone’s demand for a May 1 date, one that is not temporally possible), never actually informs readers that Trump has no authority to implement this plan. Instead, it just repeats Trump false claims to have that authority from yesterday’s presser unchallenged.

“The plans to reopen the country are close to being finalized,” Trump said at a White House briefing Tuesday.

He said he planned to speak with all 50 governors “very shortly” and would then begin authorizing individual governors to implement “a very powerful reopening plan” at a specific time and date for each state.

He said roughly 20 states have avoided the crippling outbreaks that have affected others, and he hinted that some could begin restarting their economies even before May 1.

“We think we’re going to be able to get them open very quickly,” Trump said.

He added: “We will hold the governors accountable. But again, we’re going to be working with them to make sure it works very well.”

WaPo did publish this story yesterday in which they admitted in the very first paragraph that Trump can’t reopen the economy.

President Trump’s inaccurate assertion that he has “total” authority to reopen a nation shuttered by the coronavirus is igniting a fresh challenge from governors scrambling to manage their states and highlighting a Republican Party reluctant to defy a president who has relished pushing the boundaries of executive power.

But it’s a horse race story that attempts to force Republicans to criticize Trump’s ridiculous comments, not a story claiming to report on how the economy will reopen. If the WaPo, in its stories purporting to describe how Trump will reopen the economy, only report that he can’t do so in asides buried deep in those stories, why would we expect Republicans to note how ridiculous the claim is?

My working theory is that WaPo continues to get suckered into reporting extensively on Trump efforts that are a sidelight to the story of how the economy will reopen because they have so many journalists with good sources in DC, but far fewer in the capitals of the states that actually matter. Gavin Newsom, Andrew Cuomo, John Bel Edwards, and Gretchen Whitmer have some of the hardest decisions to make (and Republicans’ aggressive efforts to put Whitmer on the defensive here in Michigan is an interesting political story). The possibility that Gregg Abbott, Ron DeSantis, and (to a lesser degree) Tate Reeves will undercut the efforts of mayors in their states by overriding their city-wide shut-down orders in an attempt to reopen their states is a possibility worth anticipating, especially since that’s one point of leverage Trump already appears to be working (I think Brian Kemp would normally be included here but suspect he has realized he has a real problem on his hands).

But the real story about how the country will reopen can likely be found in Columbus, OH, Annapolis, MD, and Boston, MA, where Republican governors who’ve been working closely with — and to a large extent, leading — their Democratic neighbors are pursuing their own path.

Because Ohio’s Mike DeWine was quoted in several of yesterday’s stories saying something that was far less substantive than he manages on Twitter, I went back to see what WaPo has reported on him. On Monday, they published this interview between WaPo’s superb horse race politics reporter, Bob Costa, and DeWine. It offers key lessons, not just about what DeWine is thinking, but also about why Costa (who, again, is a superb reporter) didn’t elicit the key policy questions that elsewhere WaPo seems to believe is the key story.

DeWine made six key policy points:

States and localities need direct payments

Three times, DeWine emphasized the importance of direct payments to states and localities so they can deal with their budgetary shortfalls. After that, Costa asked DeWine specifically about Nancy Pelosi’s fight with Republicans to do just that (which seemed like an unnecessary attempt to get DeWine to contradict Republicans). DeWine pretended not to know what was in Pelosi’s bill, but repeated, a fourth time, that states and localities need direct payments.

MR. COSTA: Final question, Governor. Really appreciate your time. I know you’re busy. There is a big issue here in Washington. Speaker Pelosi wants 250 billion on top of the 250 billion wanted by Senate Republicans for small business expansion of that loan program that was part of phase three legislation. Where do you come down on how urgent it is to get a deal done in Washington? What specifically would you like to see in that agreement if it does come to be this week in Washington?

MR. DEWINE: Well, look, I’ve not looked at everything that’s in those respective bills. What I mentioned earlier on is important. It’s important that local government have the money that they can actually run local government. It’s important that the state be able to supply money for education. I mean, if you ask me what I’m worried about at the state level, I’m worried about that we’re not going to have enough money to provide K-12, our local schools, 630-some schools district in the state of Ohio with money. So, you know, I’m concerned about that. And so the federal government being able to help in that area would certainly be very, very, very helpful and very important to us.

In the interview as a whole, DeWine avoided antagonizing Trump and other Republicans. But on this issue, he clearly backs the policy that Democrats are pushing.

States — and corporations — need testing

Unsurprisingly, DeWine emphasized the import of testing to reopening the economy. But he also suggested that corporations are also thinking along these lines:

The other thing that we have not talked about here but I know is on the minds of governors, and certainly on my mind, is testing, how extensive can we have testing, how extensive are we going to be able to do tracing, and do that maybe more–in a more sophisticated way. So, those are things that private employers are looking at. I talked to a person who has a large retail business today, a nationwide company, and these were the things that he was talking to me about that they’re already looking at. Irrespective of what the state does, they’re looking at these things: how are they going to protect their workers, how are they going to protect their customers, how are they going to assure their customers that when they enter their store, you know, they’re going to be in a safe situation.

The nationwide retailer here may be Kroger, which is headquartered in Cincinnati and plays a critical role in the country’s food supply chain. But this is a key insight (and one that accords with what I’m hearing in Michigan). Corporations are going to play a key role in the public health process here, testing their employees and contact tracing in an effort to avoid having to shut down stores. This is one reason this won’t work regionally, because if (say) Kroger can solve this, then it will have an impact across the country.

Of course, the testing isn’t there yet, which is why Trump’s claims to be reopening the economy should be reported as pure fantasy and an attempt to dodge the federal role in testing.

There won’t be a Midwestern task force but there will be cooperation

Because the West Coast states and some Northeastern ones set up task forces this week, Costa asked DeWine whether there would be a Midwestern one. DeWine suggested it won’t be formal, but there will be cooperation.

MR. COSTA: Is it Ohio alone? You saw the news a few hours ago. The governors in the Northeast have formed a taskforce to try to figure out decisions in a collective way. Do you envision Ohio making decisions about Ohio, and Ohio only, or could you see a Midwestern collection of governors in a taskforce in the coming days?

MR. DEWINE: Well, I don’t know if it’s going to be a formal task force or not, but I can tell you that I talk to the governors that surround Ohio quite frequently. I was on the phone, I guess it was Saturday night, or Friday night with the governors of Kentucky and Indiana. I talked to the Michigan governor quite a bit, and so West Virginia. So, we certainly share ideas, and we collaborate in that sense because our states are generally in pretty much the same shape. Michigan certainly has been harder hit with–in Detroit, but we’re all kind of going through it in real time at about the same time period. So that consultation and sharing of ideas is going to continue and is very important.

This cooperation has been clear for some time (and because of the way traffic works, it is necessary). If Midwesterners do anything, especially Michiganders, they’re going to drive through another states, often as not on Interstates 70, 71, 75, 80, and 90 through Ohio. The auto industry, with a supply chain that links the region with factories in Mexico and Asia, sprawls across the region (although also some key southern states, notably Alabama). Plus, the states demographically blend into one another, with the same kind of challenges tied to Appalachia or Rust Belt health issues.

It is unsurprising (and, in fact, public) that this cooperation exists. But it’s also a far more important story to how the country will reopen than what Trump says in a presser.

In the DeWine’s Midwest, COVID-19 is a bipartisan issue

DeWine refused Costa’s invitation to antagonize Trump and acknowledged his cooperation with his neighbors, including Democrats Gretchen Whitmer and Andy Beshear. In addition, he made several other nods to bipartisanship.

As he always does, he emphasized the import of his Health Direct Amy Acton, who worked with Obama.

MR. COSTA: Your health director, Amy Acton, she’s been at your side since day one, was part of your decision to have an early response to the coronavirus pandemic. You’ve seen the retweet by President Trump. You’ve seen the news conferences. Dr. Fauci has been there. There’s now this chatter among some of the President’s allies, fire Fauci. Would you advise the President against considering that idea?

MR. DEWINE: Well, I don’t give the President advice?

MR. COSTA: Why not? You’re a governor in a major state.

MR. DEWINE: Look, I think the doctor’s done a good job, and I think he has a relationship with the American people. You know, Dr. Acton in Ohio has established really a relationship with the people of the state. And when I picked her, you know, she was the last member of my cabinet to pick, and I was going to be very, very careful of who I picked for that position. I wanted someone who had a background in public health, who was a medical doctor, but I also wanted someone with a passion to do it and someone who had an ability really to communicate with the people. And I made that decision having absolutely no idea that we were going to be dealing with this horrible coronavirus.

But that is important, the ability to communicate and talk to people. And I kind of jokingly tell people that, you know, I figured since Dr. Acton could explain it to me, if she could explain it to me, then she will have no trouble explaining it to the people of the state. So, but she has been by my side, and I’ve relied on her and other medical advice, you know, as we’ve gone through this. As we look to come out, we’ve put together a business group also to go along with our medical advice to help us as we move forward.

And he applauded the work of both Rob Portman and Sherrod Brown (and, not by name, the entire Congressional delegation).

You know, our two senators in our congressional delegation have done a very, very good job, Rob Portman, Sherrod Brown and the members of the House of Representatives, both Democrat and Republican. So, we work with them very closely just like we work with our local mayors. So that collaboration is important. We appreciate what they’ve done.

This is not a very sexy story in today’s DC, and it totally contrasts with Trump’s efforts to make COVID response into a series of transactions that benefit him, personally, but unlike the West Coast and Northeast coalitions of blue states, COVID in the Midwest is necessarily bipartisan, even if Republicans in KY, OH, and MI are focusing their efforts on challenging such bipartisanship in these states.

That doesn’t mean DeWine is conceding the election — he dodged a question about mail-in voting (though in part by repeatedly pointing out that no-excuse absentee voting makes that possible without more legislation). But DeWine is doing a lot to retain the ability to work in bipartisan fashion on COVID response.

DeWine doesn’t see reopening working like Trump wants it to

DeWine stated that “I don’t know that [Ohio’s reopening is] going to be geographical phases.” Trump’s entire “plan” is premised on such a geographical approach (and Stephen Moore, who’s not an epidemiologist, anticipates it rolling out by zip code). It seems to me an alternative approach — especially at the state level (though even at the national level if we had someone competent who believed in government) — would be to first shore up essential services like health care and food supply chain, and then slowly roll out each less essential part of the economy after we can prove the ability to do the former safely. In any case, I’d love to know more about what DeWine has in mind.

DeWine also said it’s not going to work the way “some people” think, with everything reopening all the way.

I think it’s not going to be coming back like some people think. And part of my job, I think, is to explain to the people of Ohio that we’re really not going to be all the way back–I said this today at our press conference–we’re not going to be all the way back until we have a vaccine that is available to everyone in the state.

[snip]

[I]t’s particularly dangerous to people with medical conditions, people over 60, over 65, 70, and people are going to have to be exceedingly careful. And some people are going to have to be more careful, frankly, than other people are.

This is consistent with what Anthony Fauci has said: we’re going to stop shaking hands, possibly forever. And, for seniors and those with pre-existing conditions, it will take a lot longer to get back to normal.

Prisons and nursing homes present key challenges

During the interview, Costa passed on a question about prisons from an Ohioan. DeWine responded by discussing prisons and nursing homes in the same way, as populations in which you can’t social distance.

MR. DEWINE: Well, we are releasing people and we are going to continue to look and see who we frankly feel safe in releasing. You know, these are not easy calls. They’re not easy calls because, you know, we don’t want to really turn back the sex offenders and murderers and others. But there are other people there.

For example, we just made a decision to–there’s an Ohio law provision which says that the director of prisons, if there is overcrowding, can release people within 120 days of their sentence ending. In other words, people who would have gotten out anyway within the next 120 days. We came with a whole group that we have recommended to be released. The legislative committee will look at that tomorrow, and I expect that, you know, they will be released. But we are continuing to look at that. We’re doing very significant testing in the prisons that have COVID-19, Marion Prison and our Circleville Prison. So, we are very, very focused on it.

And, you know, if you ask me of the things we worry about, at this stage of this epidemic, it’s any kind of congregation. Our nursing homes, we have put together a strike force to work with our nursing homes. But we’re very concerned about them. We’re concerned about our prisons. And any time that we’ve got people, a lot of people–a lot of people together where distancing is difficult, we have to worry about and should.

This has been an important point that — while Bill Barr has been making at times stumbling efforts to decarcerate (Josh Gerstein has been covering this closely) — hasn’t gotten sustained focus federally. Indeed, the federal government is not tracking nursing home outbreaks, at least not publicly.

You can have essential workers (including prison guards and nursing home workers) get back to work all you want, but each of these facilities has the ability to seed a new cluster of cases, not just within a prison or nursing home, but in the surrounding communities. And any head of government that is thinking seriously about how to reopen the economy needs to have a plan in place for that. Donald Trump doesn’t have one. Mike DeWine is at least working on it.

The Washington Post either thinks it’s really important to tell their readers how the country will reopen or they’ve been snookered by Trump’s aides into perpetuating a myth that that process will be led by the White House. If it’s the latter, that strand of reporting (which is separate from a great deal of good WaPo journalism on how Trump fucked up) is just as negligent as Trump’s own actions are, because such stories misinform about how this will work. If it’s the former, then WaPo would do well to send some journalists to work full time in Columbus, Annapolis, and Boston, or better yet, bring on some laid off reporters who know how those state houses really work. Because a handful of key Republican governors are the ones who’ll be making some of the most important decisions about how the country will reopen.

Update: As noted above, I named Larry Hogan as another of the GOP Governors where journalists should look to understand how the economy will really reopen. Hogan has just rolled out his plan. Unlike Trump’s plan, Hogan’s includes testing and means to limit transmission. It also does not yet include a date (not least, because as Hogan admits, the DC-Maryland-Virginia region still has a growing caseload.

Update: In spite of what DeWine said earlier this week, the Midwest just formed a pact. Maybe yesterday’s stupid protests in KY, OH, and MI forced this issue?

If New York Got a Late Start, Then Trump Hasn’t Even Started Yet

One of President Trump’s current attempts to dodge accountability is to blame New York’s spiking COVID-19 deaths on its late start.

New York — and the nation, and the world — would have been far better off if Andrew Cuomo had imposed a shut-down on March 7, when he declared an emergency. But that was six days before Trump declared an emergency, perhaps because he was busy throwing a party on March 7 at which COVID was probably spread among his guests.

New York would have been far better off if it had imposed a state-wide shutdown instead of imposing a containment zone in New Rochelle on March 10. It would have been better off had Cuomo issued a stay-at-home order on March 16 instead of simply shutting down non-essential businesses and canceling gatherings of more than 50 people. But from that day on, Cuomo’s measures were more severe than anything Trump has recommended, which to this day only recommends seniors and those with pre-existing conditions stay at home.

It was probably too late when Cuomo issued a full stay-at-home order on March 20. Nevertheless, it was just one day after California’s, the only earlier full-state stay-at-home order, and it was actually before Washington’s (Tuesday Dr. Birx repeatedly commended Washington’s response).

So yes, New York didn’t respond as early as it should have (and Bill De Blasio in particular was irresponsible and slow).

But New York has always been — and remains — far ahead of what Trump has done.

So if Trump wants to accuse New York of responding slowly, he should first explain why he has always lagged New York’s response.

Trump Can’t Turn the Economy Back on Without Overriding Executive Orders of 30 Governors

Update: Between March 30 and April 1, most of the last big states — TX, AZ, MD, VA, and FL — imposed stay at home orders.

Update: I’ve updated this and reposted. At least six states have added stay at home orders since Trump said he wanted to reopen the economy by Easter. This post was originally published on March 24, just before mid-day.

As noted, yesterday Trump signaled that he wants to turn the economy back on, perhaps 15 days after his original Emergency declaration on March 13 (which would mean the emergency would end on Saturday, March 28). As Ron Klain just noted, though, Trump doesn’t have that ability: Governors, not the President, have been the ones to shut things down (along with a number of mayors and corporate executives).

It will be governors, not Trump, who decide when to reopen the economy.

Over the last week, a set of governors (currently 30) have issued stay-at-home orders; another (MA) imposed a suggested stay at home declaration, and a number of cities and counties have similarly shut down. This NYT story has a great map and numbers showing how many people are affected (though without durations or governor party affiliation).

As the list below makes clear, Trump can’t turn the economy back on without finding a way to rescind the executive orders of a bunch of governors, including those of Republicans Eric Holcomb (whose order goes until April 6), Mike DeWine (whose order goes until April 6), and Jim Justice (whose order doesn’t have a termination date).

Update: Trump just said, “I would love to have the country opened up and raring to go by Easter.”

Update: This has been updated through March 27. This is the most comprehensive list of orders I’ve seen, including those closing businesses as opposed to ordering people to stay at home (though as of today it is missing a business closure from AL’s Kay Ivey).

Update, March 30: Maryland’s Larry Hogan and Virginia’s Ralph Northam, whose initial non-essential business shutdowns had stopped short of a stay-at-home order, have both now issued the latter.


Full stay-at-home orders

  1. Alabama (Republican Governor Kay Ivey) Imposed April 3, effective April 4.
  2. Alaska (Republican Governor Mike Dunleavy): Imposed March 27, effective March 28, in effect until April 11.
  3. Arizona (Republican Governor Doug Ducey): Imposed March 30, effective March 31, in effect until April 30. Some city flexibility on order.
  4. California (Democratic Governor Gavin Newsom): Imposed and effective March 19, in effect “until further notice.”
  5. Colorado (Democratic Governor Jared Polis): Imposed March 25, effective March 26, in effect until April 11.
  6. Connecticut (Democratic Governor Ned Lamont): Imposed March 20, effective March 23, effective through April 22. (Order)
  7. Delaware (Democratic Governor John Carney): Imposed March 22, effective March 24, in place until May 15 or public health threat eliminated. (Most recent order)
  8. District of Columbia (Democratic Mayor Muriel Bowser): Imposed March 30, effective April 1.
  9. Florida (Republican Governor Rick DeSantis): Imposed April 1, effective April 3, effective until April 30.
  10. Georgia (Republican Governor Brian Kemp): Imposed April 2, originally effective until April 13; extended on April 8 until April 30.
  11. Hawaii (Democratic Governor David Ige): Imposed March 23, effective March 25, effective through April 30.
  12. Idaho (Republican Governor Brad Little): Imposed and effective March 25, effective 21 days (though April 15).
  13. Illinois (Democratic Governor JB Pritzker): Imposed March 20, effective March 21, effective until April 7. (Order)
  14. Indiana (Republican Governor Eric Holcomb): Imposed March 23, effective March 24, effective until April 6. (Most recent orders)
  15. Kansas (Democratic Governor Laura Kelly): Imposed March 28, effective March 30, effective until April 19.
  16. Louisiana (Democratic Governor John Bel Edwards): Imposed March 22, effective March 23, in place until April 13.
  17. Maryland (Republican Governor Larry Hogan): Imposed and effective March 30.
  18. Michigan (Democratic Governor Gretchen Whitmer): Imposed March 23, effective March 24, in place until April 13. (The state announcement, but not the order itself, states the order will be in place “at least” three weeks.)
  19. Minnesota (Democratic Governor Tim Walz): Imposed March 25, effective March 27, effective until April 10.
  20. Mississippi (Republican Governor Tate Reeves): Imposed April 1, effective April 3, effective until April 20.
  21. Missouri (Republican Governor Mike Parson): Imposed April 3, effective April 6, effective until April 24.
  22. Montana (Democratic Governor Steve Bullock): Imposed March 27, effective March 28, effective until April 10.
  23. Nevada (Democratic Governor Steve Sisolak): Imposed April 1, effective April 1, effective until April 30.
  24. New Hampshire (Republican Governor Chris Sununu): Imposed March 26, effective March 27, effective until May 4.
  25. New Jersey (Democratic Governor Phil Murphy): Imposed and effective March 21, effective until further notice.
  26. New Mexico (Democratic Governor Michelle Lujan Grisham): Imposed March 23, effective March 24, in place until April 10.
  27. New York (Democratic Governor Andrew Cuomo): Imposed March 20, effective March 22, in place until April 19. (Most recent orders available here.)
  28. North Carolina (Democratic Governor Roy Cooper): Imposed March 27, effective March 30, effective for 30 days (until April 29).
  29. Ohio (Republican Governor Mike DeWine): Imposed March 22, effective March 23 in place until April 6.
  30. Oregon (Democratic Governor Kate Brown): Imposed and effective March 23, effective until terminated. (Order)
  31. Pennsylvania (Democratic Governor Tom Wolf): Imposed and effective April 1, effective until April 30.
  32. Rhode Island (Democratic Governor Gina Raimondo): Imposed and effective March 28, effective until April 13.
  33. South Carolina (Republican Governor Henry McMaster): Imposed April 6, effective April 7.
  34. Vermont (Republican Governor Phil Scott): Imposed March 24, effective March 25, effective until April 15.
  35. Virginia (Democratic Governor Northam): Imposed and effective March 30, effective until June 10.
  36. Washington (Democratic Governor Jay Inslee): Imposed March 23, effective March 26, effective until April 8.
  37. West Virginia (Republican Governor Jim Justice): Imposed March 23, effective March 24, effective until terminated. (Order)
  38. Wisconsin (Democratic Governor Tony Evers): Imposed March 23, effective March 25, effective until April 24.

Non-essential business closures

  1. Alabama (Republican Governor Kay Ivey)
  2. Kentucky (Democratic Governor Andy Beshear)
  3. Maine (Democratic Governor Janet Mills)
  4. Oklahoma (Republican Governor Kevin Stitt)
  5. Tennessee (Republican Governor Bill Lee)
  6. Texas (Republican Governor Greg Abbott)

Trump Threatens to Withhold Disaster Declaration for Michigan because Gretchen Whitmer Was Mean to Him

Update: According to NBC’s Geoff Bennett, Trump has now approved the request.

Last night, Donald Trump suggested that he might withhold a disaster declaration for Michigan requested by Governor Whitmer on March 26 because he doesn’t like Governor Whitmer’s public comments about the Federal government’s failures.

“We’ve had a big problem with the young — a woman governor. You know who I’m talking about — from Michigan. We don’t like to see the complaints,” President Trump told Sean Hannity during a FOX News interview on Thursday.

Gov. Whitmer has been openly critical of the federal response to the coronavirus outbreak, voicing her frustration with not having enough COVID-19 test kits and a lack of “clear and concise guidance from the federal government.”

The comments from President Trump come on the same day Gov. Whitmer requested a major disaster declaration for Michigan over the coronavirus outbreak.

“She doesn’t get it done, and we send her a lot. Now, she wants a declaration of emergency, and, you know, we’ll have to make a decision on that,” President Trump continued. “I don’t know if she knows what’s going on, but all she does is sit there and blame the federal government.”

Here are the states for which Trump has declared an emergency with the number of positive cases on the date Trump made that declaration and the party of their governor.

As of yesterday, Michigan has had 2,856 people test positive for COVID-19. Dr. Deborah Birx pointed to SE Michigan’s Wayne County (which includes Detroit and the mostly working class suburbs), along with Cook County, IL, as the alarming hotspots in the country.

And yet Trump doesn’t want to approve a disaster declaration because a girl was mean to him.