| ◼ Please read this newsletter before a district judge enjoins it.
◼ To call the flash flooding that erupted across central Texas on July 4 a tragedy is to downplay the scope of the cataclysm. Trapped on all sides by high barometric pressure, a freak storm languished over several Texas counties for hours over the Independence Day holiday, dumping billions of gallons of water down on already saturated land. As a result, the placid Guadalupe River burst its banks by upwards of 26 feet in some places, and all in the space of just 90 minutes. One week later, 170 people remain missing or unidentified. At least 121 people died in the storm. It was a disaster. But for some, it couldn’t be just a disaster. Even as the flood waters surged, media outlets and their Democratic allies rushed to blame Donald Trump and Elon Musk’s DOGE commission for budget cuts that left the National Weather Service helpless. The meteorological class soon reprimanded their colleagues in the media. Local NWS was fully staffed—indeed, overstaffed, per protocol—during the storm. Warnings were sent out about it twelve hours in advance, and a flash flood warning for the affected counties was issued three hours before it hit. There’s room to criticize local preparedness ahead of the floods, but DOGE’s marginal cuts to executive branch spending—cuts the Senate has yet to even ratify—were not to blame for this catastrophe.
◼ Republicans’ budget reconciliation law was very big, and sometimes beautiful. Making permanent the meat of the Tax Cuts and Jobs Act and enacting permanent full expensing for most categories of business investment were major conservative policy wins that are good for the economy. That being said, the law also goes backwards on the SALT deduction and simplification of the tax code, by adding political-gimmick tax breaks. The law’s Medicaid reforms ease the program’s spending back to its pre-Biden baseline, and repealing some of the so-called Inflation Reduction Act’s green-energy tax credits was more than welcome. It remains the case that Republicans talk a good game on spending cuts and then don’t follow through when in power. More spending for defense and immigration enforcement were welcome, but the cuts elsewhere were insufficient, and the law keeps the national debt on its already unsustainable trajectory. It may have been worth it to avoid a massive tax hike when the 2017 tax brackets expire at the end of this year, but the failure to get spending under control will come back to haunt any Republican who wanted to be remembered for helping to bring our debt under control.
◼ Elon Musk says that he is starting a new political party, the “America Party” (not to be confused with the nativist “American Party” of the 1850s, known to history as the “Know-Nothings.”) This is both unnecessary and pointless. The American political system’s design makes it impossible for third parties to have sustained success, and not since the collapse of the Whigs in 1854 has there been an opening for a new second party. Third parties can be vehicles for a vanity presidential campaign, but the South African–born Musk is ineligible for the job. He’d need to hire a frontman, but when the American Party drafted former president Millard Fillmore to run in 1856, it swiftly discovered that the party brand was subordinated to that of the candidate. The Reform Party’s message shifted away from fiscal issues when it nominated Pat Buchanan. Similar challenges would arise in congressional campaigns; James Buckley’s single term in the Senate illustrated the difficulty of sustaining for long a position outside the party structures. In any event, Musk wants a party focused on spending and deficits—a worthy cause but one that Republicans fail to pursue because there isn’t enough public demand for it. Just ask the Reform Party—if you can still find it.
◼ Thom Tillis is not running for reelection to the Senate in North Carolina. While it is unclear when he made this decision, he announced it after declining to vote for the One Big Beautiful Bill Act (OBBBA), a stance premised upon protests of its modest reforms to Medicaid. A confident party, having the votes to pass the bill, will give a pass to a few members of its caucus facing tough reelection bids to dissent. While John Thune and Mike Johnson each did so, Donald Trump did not, and Trump’s public broadside against Tillis was followed swiftly by Tillis bowing out. Tillis has never been either a political dynamo or a policy innovator. He won his two terms in 2014 and 2020 by less than two points each, and in the latter year he ran a point behind Trump despite his opponent imploding in a sex scandal. That said, North Carolina Republicans may regret losing both the advantages of incumbency and the steadiness of Tillis. In the 2024 governor’s race, they proved amply capable of self-destructing. In the meantime, with a year and a half to go, the White House no longer has leverage over Tillis.
◼ Massachusetts Federal District Judge Indira Talwani, a Barack Obama appointee, has decreed that the federal government must continue to fund Planned Parenthood through Medicaid for two weeks until she can decide whether to order this permanently. This is not just another injunction against a Trump executive action; Judge Talwani reversed an act of Congress, a provision of the OBBBA, on the first business day after it was signed into law. Her “temporary restraining order” is nothing of the sort; rather than preserve the status quo, she is compelling the executive branch to disburse money from the Treasury it cannot easily get back, against the express instructions of Congress. Having rushed to issue the order without waiting to hear the Justice Department’s defense of the law, she didn’t even bother writing an opinion. This is a staggering act of judicial recklessness, seemingly calculated to provoke a constitutional crisis. The president is duty-bound by his oath of office not to disburse these funds before he can appeal. The Supreme Court should back him up—not because it should sanction executive defiance of the courts, but because it should never sanction judicial defiance. |