- On Tuesday, President Trump threatened to veto the $740 billion annual defense spending bill if Congress does not repeal Section 230 of the Communications Decency Act.
- Section 230, which became law in 1996, gives social media companies the ability to moderate posts on their platforms without liability. It also shields them from lawsuits for what people post on those platforms.
- Both Democrats and Republicans have argued that the section should be revised but for different reasons.
- It is unlikely that Congress will completely repeal the law and bend to Trump’s threat.
- If Trump does veto the defense bill, that could potentially be overridden by Congress. If it’s not, the process for proposing and passing the bill would begin anew in January and would possibly not be passed until President-elect Joe Biden takes office.
Trump Threatens to Veto Defense Spending
President Donald Trump stepped up his attack on big tech companies Tuesday night in a novel way: by threatening to veto the country’s annual defense spending bill, which Congress is scrambling to pass before it goes on break for the holidays.
In a pair of tweets, Trump railed against Section 230, which gives social media companies the ability to moderate posts on their platforms without liability.
“Our Country can never be safe & secure if we allow it to stand,” he said after calling the statute a threat to national security and election integrity.
“Therefore, if the very dangerous & unfair Section 230 is not completely terminated as part of the National Defense Authorization Act (NDAA), I will be forced to unequivocally VETO the Bill when sent to the very beautiful Resolute desk. Take back America NOW. Thank you!”
Section 230 allows companies like Twitter, without repercussion, to remove tweets that include false information and to mark other tweets if they are misleading — something it’s been actively doing against Trump’s tweets since May. In recent weeks, Twitter has flagged a flurry of Trump’s tweets pertaining to unfounded conspiracy theories about election fraud.
This isn’t the first time Trump has criticized Section 230. After he was first flagged in May, he signed an executive order instructing federal regulators to look into how to roll back parts of the section. With that, he argued Section 230 allows social media companies to engage in “anti-conservative bias.”
Trump’s attempt to repeal Section 230 hinges on what provision is contained in the final version of the NDAA, which totals roughly $740 billion this year. It’s an annual bill that shapes Pentagon policy by directing how funds are appropriated. That includes pay raises, troop levels, new weapons, and even how to compete with other world powers like China and Russia. Notably, this year’s defense bill includes a 3% pay raise for U.S. troops.
Congress has been working to finalize the bill this week. That’s because the House will break on Dec. 11 and the Senate on Dec. 18 for the holidays. With such a short time span before the new Congress comes in on Jan, 3, there is a rush to pass the bill. If this Congress doesn’t, the whole process will have to start over from scratch in January.
For the last 59 years, the NDAA has passed through Congress on a bipartisan basis.
Earlier this year, Trump had once already threatened to veto the NDAA if Congress voted to rename Army posts named after Confederate generals.
Will Section 230 Be Repealed or Amended?
Trump’s threats are not likely to fully repeal Section 230.
“It’s a fucking joke,” a senior House staffer told Politico. “This is a complex debate that has no business as an eleventh-hour airdrop.”
Several Republican members of Congress have also openly criticized Trump for the ultimatum and its timing.
Still, that doesn’t mean a reform to the section entirely out of the question.
In September, the Justice Department submitted legislation to Congress that would erode protections granted by Section 230. Like Trump, it also argued that tech companies have engaged in an “anti-conservative bias.” In fact, such an argument has become increasingly common among Republicans.
In October, the Federal Communications Commission said it would re-examine and clarify the meaning of Section 230, a move that could potentially change the protections the statute currently gives tech companies. Because of that, the agency was criticized by some as being a puppet of the Trump administration.
It’s not just Republicans who’ve criticized Section 230. Democrats also have problems with it, particularly because they say it still allows for harmful content to be spread online. For example, they’ve argued that platforms like Facebook haven’t done enough to crack down on election disinformation and hate speech.
According to The Washington Post, Republicans in recent days have suggested a trade that would involve bipartisan reforms to Section 230 in exchange for renaming the military bases named after Confederates. Reportedly, Democrats have largely dismissed that idea.
In fact, many Democrats have said they want to wait to discuss reforms to Section 230 until the next Congress begins.
What Happens If Trump Vetoes the NDAA?
If Congress doesn’t issue a total repeal of Section 230 (as expected), there could be several outcomes.
Trump could back down from his threat to sign the veto. Some analysts even expect him to back down, though others have been more skeptical about that claim. In its nearly six decades, the NDAA has never been vetoed by a president.
Congress could also override Trump’s veto. As it stands right now, each chamber has passed their own versions of the bill with enough bipartisan support to do just that. Still, it’s unclear if those margins will hold up once a final bill is negotiated between the chambers.
For reference, Congress hasn’t been able to override any of Trump’s eight vetoes during his time in office. On top of that, many Republicans would likely question whether to side with Trump or the Pentagon.
Finally, Trump could successfully veto the NDAA. If that happens, as noted earlier, the next Congress would then have to start the process over and likely wait until President-elect Joe Biden is in office to pass it.
See what others are saying: (Business Insider) (The Washington Post) (Politico)
Mississippi Asks Supreme Court To Overturn Roe v. Wade
The Supreme Court’s decision to consider Mississippi’s restrictive abortion ban already has sweeping implications for the precedents set under the landmark reproductive rights ruling, but now the state is asking the high court to go even further.
Mississippi’s Abortion Case
Mississippi filed a brief Thursday asking the U.S. Supreme Court to overturn Roe v. Wade when it hears the state’s 15-week abortion ban this fall.
After months of deliberation, the high court agreed in May to hear what will be the first abortion case the 6-to-3 conservative majority will decide.
Both a district judge and a panel of the U.S. Court of Appeals for the 5th Circuit had ruled that Mississippi could not enforce the 2018 law that banned nearly all abortions at 15 weeks with exceptions for only “severe fetal abnormality,” but not rape and incest.
If the Supreme Court upholds the Mississippi law, it would undo decades of precedent set under Roe in 1973 and upheld under Planned Parenthood v. Casey in 1992, where the court respectively ruled and reaffirmed that states could not ban abortion before the fetus is “viable” and can live outside the womb, which is generally around 24 to 28 weeks.
When the justices decided to hear the case, they said they would specifically examine the question of whether “all pre-viability prohibitions on elective abortions are unconstitutional.”
Depending on the scope of their decision on the Mississippi law, the court’s ruling could allow other states to pass much more restrictive abortion bans without the risk of lower courts striking down those laws.
As a result, legal experts have said the case will represent the most significant ruling on reproductive rights since Casey nearly three decades ago, and the Thursday brief raises the stakes even more.
When Mississippi asked the justices to take up its case last June, the state’s attorney general, Lynn Fitch (R), explicitly stated that the petition’s questions “do not require the Court to overturn Roe or Casey.”
But that was before the court’s conservatives solidified their supermajority with the appointment of Justice Amy Coney Barrett — who personally opposes abortion — following the death of liberal Justice Ruth Bader Ginsburg.
New Filing Takes Aim at Roe
With the new filing, it appears that Fitch views the high court’s altered makeup as an opportunity to undermine the constitutional framework that has been in place for the better part of the last century.
“The Constitution’s text says nothing about abortion,” Fitch wrote in the brief, arguing that American society has changed so much that the previous rulings need to be reheard.
“Today, adoption is accessible and on a wide scale women attain both professional success and a rich family life, contraceptives are more available and effective, and scientific advances show that an unborn child has taken on the human form and features months before viability,” she added, claiming the power should be left to state lawmakers.
“Roe and Casey shackle states to a view of the facts that is decades out of date,” she continued. “The national fever on abortion can break only when this Court returns abortion policy to the states.”
The Center for Reproductive Rights, which represents Mississippi’s sole abortion provider in the suit against the state’s law, painted Fitch’s effort as one that will have a chilling effect on abortion rights nationwide.
“Mississippi has stunningly asked the Supreme Court to overturn Roe and every other abortion rights decision in the last five decades,” Nancy Northup, the president and CEO of the group said in a statement Thursday. “Today’s brief reveals the extreme and regressive strategy, not just of this law, but of the avalanche of abortion bans and restrictions that are being passed across the country.”
The Supreme Court has not yet said exactly when during its fall term it will hear oral arguments on the Mississippi case, but a decision is expected to come down by next June or July, as is standard.
An anticipated ruling just months before the 2022 midterms will almost certainly position abortion as a top issue at the ballot box.
See what others are saying: (The New York Times) (The Washington Post) (Politico)
Republicans Boycott Jan. 6 Committee After Pelosi Rejects Two of McCarthy’s Picks
The House Minority Leader said that unless House Speaker Pelosi reinstated the two members, Republicans will launch their own investigation into the insurrection.
Pelosi Vetoes Republicans
Republicans are boycotting the select committee to investigate the insurrection after House Speaker Nancy Pelosi (D-Ca.) rejected two of the five GOP members Minority Leader Kevin McCarthy (R-Ca.) picked to serve on the panel Wednesday.
In a statement, Pelosi cited the “statements and actions” of Rep. Jim Jordan (R-Oh.) and Jim Banks (R-In.), whose nominations she said she was opposing “with respect for the integrity of the investigation.”
Jordan and Banks — both staunch allies of former President Donald Trump — have helped propagate the previous leader’s false election claims, opposed efforts to investigate the insurrection, and voted not to certify the election for President Joe Biden.
A senior Democratic aide also specifically told The Washington Post that Democrats did not want Jordan on the panel because he reportedly helped Trump strategized how to overturn the election and due to the fact he spoke to the then-president on Jan. 6, meaning there is a possibility he could be called to testify before the very same committee.
The aide also said that Democrats opposed Banks’ selection because of a statement he issued after McCarthy chose him.
In the statement, the representative compared the insurrection to the racial justice protests last summer, implied that the rioters were just normal American’s expressing their political views, and claimed the committee was a political ploy “to justify the Left’s authoritarian agenda.”
Notably, Pelosi did say she would accept McCarthy’s three other nominees — including Rep. Troy Nehls (R-Wi.), who also voted against certifying Biden’s win.
McCarthy Threatens Separate Investigation
McCarthy, however, refused to select new members, and instead opted to remove all his appointees from the would-be bipartisan committee.
In a statement condemning the move, the minority leader said that Pelosi’s action “represents an egregious abuse of power.”
“Denying the voices of members who have served in the military and law enforcement, as well as leaders of standing committees, has made it undeniable that this panel has lost all legitimacy and credibility and shows the Speaker is more interested in playing politics than seeking the truth,” he said.
“Unless Speaker Pelosi reverses course and seats all five Republican nominees, Republicans will not be party to their sham process and will instead pursue our own investigation of the facts.”
Pelosi defended her decision during a press conference Thursday, where she said that Banks and Jordan were “ridiculous” choices for the panel.
“When statements are ridiculous and fall into the realm of, ‘You must be kidding,’ there’s no way that they’re going to be on the committee,” she added.
See what others are saying: (The Washington Post) (The New York Times) (CNBC)
More Republican Are Pushing COVID Vaccinations, But the Party Remains Divided on Its Messaging
The renewed effort to encourage vaccination comes as the surge in COVID cases caused by the delta variant continues to disproportionately impact Republican-led states with low vaccination rates.
GOP Leaders Ramps Up Vaccination Push
In recent days, more Republican leaders and prominent conservatives have ramped up efforts to encourage members of their party to get vaccinated against COVID-19 as the U.S. continues to see massive surges from the delta variant.
Some, like Senate Minority Leader Mitch McConnell (Ky.), have been pushing Americans to get vaccinated for months — a call he reiterated again on Tuesday. Many others, however, have been reticent to do the same until recently.
Most notable on that list is Rep. Steve Scalise (La.), the no. 2 Republican in House leadership, who just got his first dose over the weekend after resisting vaccination, claiming he had antibodies from previously contracting COVID. Scalise explained he changed his mind because of delta and encouraged others to do the same.
“There shouldn’t be any hesitancy over whether or not it’s safe and effective,” he said.
The top leader is set to continue pushing that advice. Earlier this week, the GOP Doctors Caucus announced that it would hold a news conference Thursday alongside Scalise and the third-ranking House Republican, Rep. Elise Stefanik (N.Y.), to encourage vaccination.
Rank and File Republicans Continue To Cast Doubt, Spread Misinformation
There are still plenty of Republicans working to undermine the renewed push to get their party vaccinated.
While many have painted vaccination as a matter of freedom of choice, others have sought to downplay the virus. Florida Gov. Ron DeSantis, whose state currently accounts for 40% of all new COVID cases, dismissed the spikes as the result of a “seasonal virus” on Monday.
Rep. Barry Loudermilk — who has had COVID twice — echoed that in a statement to reporters on Tuesday, where he argued that COVID is just something everyone has to live with.
“This is something we deal with in our lives on a daily basis; ever since I’ve been born, there’s sicknesses, there’s flu, there’s different diseases,” he said.
Some members of the GOP have used their positions of power to actively fight against vaccination. That includes Sen. Ron Johnson (Wi.), who has openly said he is not vaccinated. He has also been widely condemned for promoting unproven treatments and false information about vaccines during interviews and congressional hearings.
Rep. Marjorie Taylor Greene (Ga.), who has repeatedly refused to share her vaccination status, has also drawn ire for sharing misinformation and continually comparing COVID prevention efforts to the Holocaust.
Greene was temporarily suspended from Twitter earlier this week for sharing false information on Monday, but she continued to utilize her spotlight to spread misinformation about vaccine-related deaths and side effects during a press conference the following day.
While those who downplay the coronavirus and spread false information about vaccinations are certainly not representative of the entire Republican Party, they are some of the most visible.
Greene and many of her counterparts who push anti-vaccine narratives have frequently been accused of acting in inflammatory ways to get more press — a strategy that more often than not tends to work in their favor.
As a result, Republicans who want to encourage people to get the jabs will have their work cut out for them. Even many of those who have not openly expressed skepticism themselves have still let it flourish in the party for so long by not publicly pushing back against claims from members who sow disinformation.
The GOP’s broader failure to unify around a singular message on vaccines shows clearly among the party’s base.
According to a recent Washington Post-ABC News, poll 86% of Democrats have received at least one shot, but just 45% of Republicans have done the same. While just 6% of Democrats say they are not likely to get the vaccine, 47% of Republicans said they probably will not, and 38% said they definitely will not.
Meanwhile, Republican-led states with low vaccination rates are suffering the most from the new spike in cases and the rapid spread of the delta variant.
Arkansas, which has one of the lowest vaccination rates in the country at just 35%, is currently reporting the highest per-capita cases in the U.S. Hospitalizations have gone up 85% in the state in the last two weeks, placing some hospital systems on the brink of collapse — a problem also faced by parts of Missouri, which has the third-highest COVID cases nationwide.