“The United States will spurn a UN meeting on Tuesday where its human rights record under President Donald Trump was due to be examined, drawing criticism from rights groups who say violations have surged to levels not seen in decades. Washington disengaged from the Geneva-based UN Human Rights Council last year, citing an anti-Israel bias, and this is the second year in a row that it has skipped its own review — a process that even dictatorships take part in. The US no-show will likely mean the event is postponed until January, according to a draft UN document and diplomats. A US State Department spokesperson said participation would imply endorsement of the council’s work.” (11/10/26)
“Limits on the president’s power to remove top officials have mostly fallen away. Cabinet secretaries have long served at the president’s pleasure. In June, the Supreme Court extended that rule to most independent agencies. … The confirmation vote is now the main point at which the Senate has a say over who exercises executive power, and Democrats should use all of it. That means taking the Constitution at its word. The text does not merely require the Senate’s consent to the president’s appointments. It gives the Senate two jobs: advice and consent. Consent is the up-or-down vote on a nominee. Advice is counsel, and nothing in the Constitution limits it to a verdict on a choice already made. It can include signaling to the president in advance whom senators would accept. For most offices, the Senate has let that half of the job lapse.” (11/09/26)
“In September, The New York Times published 30 Ideas for Fixing U.S. Schools, Ranked by Experts. I was among the 37 experts surveyed about the effectiveness and cost of various reforms. In an earlier post I discussed two ideas where I agree with the consensus. Here I’ll talk about one where I disagree: the value of school vouchers.” (11/09/26)
“Although it’s difficult to imagine, the Supreme Court looks poised to eliminate the ability for citizens to bring legal action against U.S. Immigration and Customs agents and other federal officers who violate their constitutional rights. Following a hearing for Nielsen vs. Watanabe on Monday, there is every reason to fear that the court’s upcoming decision will be a disastrous one for civil rights enforcement. The issue stems from the absence of an actual law authorizing suits against federal officers when they violate the Constitution, while state and local officers can be sued for violating the Constitution under federal statute 42 U.S.C. Section 1983, a law that was adopted back in 1871.” (11/09/26)
“Amnesty International on Monday urged El Salvador and Haiti to release the agreement governing the mass deployment of Salvadoran troops into the gang-plagued Caribbean nation, and for both countries to ensure that rights are respected. Some 2,000 troops have been sent by El Salvador’s President Nayib Bukele to Haiti since the mid-October disappearance of four Salvadoran personnel. The vast majority of the Salvadoran soldiers are not participating in the UN-backed Gang Suppression Force (GSF), raising concerns about their rules of engagement. … Bukele initially stated the deployment aimed at bringing home the missing personnel. However, he has subsequently hinted at a broader goal of eliminating Haiti’s powerful gangs, as he did in his own country with a campaign that has raised allegations of rights abuses.” (11/10/26)
Source: David Friedman’s Substack
by David Friedman
“Control of congress matters — but not that much. The Democrats will not have enough votes to overcome a veto unless some Republicans support them. They will be able to block Trump’s judicial nominations but until they control the Presidency they cannot nominate and confirm their own. They can prevent Trump passing bills but to a considerable extent could already do that by taking advantage of the supermajority requirement to end debate in the Senate. The big effect of the midterms is, or might be, on Trump’s control of the Republican party.” (11/09/26)
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