Category Archives: Articles

Closing Argument: Abortion

https://madison.com/opinion/cartoon/hands-on-wisconsin-end-of-roe-means-fewer-rights-for-women/article_5769a345-2d8d-5b54-8307-4fa275b9a8e7.html

Will women make their own decisions, or will government decide for them?


For decades, abortion has been a get-out-the-vote issue for Republicans, but not so much for Democrats. After all, as long as the Supreme Court was there to protect your rights, what practical difference could an anti-abortion legislature or Congress make?

But now that Trump’s three appointees have taken their seats on the Court, women’s rights (and privacy rights of all kinds) are up for grabs again. If you want to defend those rights, you have to vote.

The two parties’ positions. Last June’s Dobbs decision has allowed states to pass some truly horrible laws that not only deny women’s bodily autonomy, but even put their lives in danger. Initially, Republicans claimed the Court had simply returned the abortion question to the states, implicitly promising that women in blue states would keep the rights they had before Dobbs. But now many are pushing for a national abortion ban.

If history is any guide, Republicans who haven’t publicly supported such a ban — and perhaps even some who have taken a stand against one — will get in line once it comes up for a vote. Few GOP congresspeople have the backbone to stand up against the anti-abortion movement, and even fewer have shown a willingness to buck Donald Trump. So if a bill is on the floor and Trump is pushing them to support it, what do you think they will do?

https://www.dailyastorian.com/opinion/editorial-cartoon-national-abortion-ban/article_5f259790-3593-11ed-a5fe-236574f0cac2.html

By contrast, Democrats support a law that would restore the rights women lost when Roe was overturned.

“Why haven’t they already passed it?” is a fair question. Such a law has passed the House, but fell one vote short of a majority in the Senate. Two Democratic senators haven’t been willing to create an exception to the filibuster that would allow a majority to pass the law. But if Democrats gain two seats in the Senate — say, if John Fetterman replaces Pat Toomey in Pennsylvania and Mandela Barnes replaces Ron Johnson in Wisconsin — the law will pass and President Biden will sign it.

What’s wrong with the state abortion bans? The best argument against the various state abortion bans is to look at specific examples of what they’ve done.

The case that got the most publicity was when a raped 10-year-old had to leave Ohio and go to Indiana to get an abortion. (Indiana has since passed a ban nearly as extreme as Ohio’s, but it does have a rape exception. That law is being challenged in state courts.)

But while they may appear comforting, the exceptions in state abortion bans often provide little protection in practice. The ban in Texas, for example, includes an exception to protect a pregnant woman’s life. But when Amanda Zurawski found out that her fetus was not viable and that continuing to carry it was dangerous, all she could do was wait. The fetus wasn’t dead yet, and she wasn’t dying yet, so under the law, nothing could be done. She describes her experience like this:

People have asked why we didn’t get on a plane or in our car to go to a state where the laws aren’t so restrictive. But we live in the middle of Texas, and the nearest “sanctuary” state is at least an 8-hour drive. Developing sepsis—which can kill quickly—in a car in the middle of the West Texas desert, or 30,000 feet above the ground, is a death sentence, and it’s not a choice we should have had to even consider. But we did, albeit briefly.

Instead, it took three days at home until I became sick “enough” that the ethics board at our hospital agreed we could legally begin medical treatment; three days until my life was considered at-risk “enough” for the inevitable premature delivery of my daughter to be performed; three days until the doctors, nurses, and other healthcare professionals were allowed to do their jobs. 

By the time I was permitted to deliver, a rapidly spreading infection had already claimed my daughter’s life and was in the process of claiming mine.

I developed a raging fever and dangerously low blood pressure and was rushed to the ICU with sepsis. Tests found both my blood and my placenta teeming with bacteria that had multiplied, probably as a result of the wait. I would stay in the ICU for three more days as medical professionals battled to save my life. 

https://madison.com/opinion/cartoon/phil-hands-the-battle-for-abortion-rights-in-editorial-cartoons/collection_267451d3-8cf7-53a8-a089-58541ae775db.html#10

Mylissa Farmer tells a similar story. Her fetus was dying and her own life was in danger, but she wasn’t quite sick enough yet for doctors in Missouri to help her. She had to travel to Illinois for treatment.

Since their ordeal, Farmer has lost trust. While she still feels her obstetrician at Freeman Hospital in Joplin is a good doctor, she’s worried about whether medical professionals in Missouri will be able to offer patients necessary care.

“I haven’t lost trust in care, but I’ve lost trust (doctors) will be allowed to make the medical decisions they need to make,” she said.

She’s lost trust in the politicians who represent her, as well.

Despite reaching out to various legislators, she has yet to receive an answer that satisfies her: Why is this law written this way? If it’s to protect women, why did she have to be in danger before she could get care in-state? Why is it such a binary law?

“The world is too nuanced to put such strict rules in place,” Farmer said.

Farmer’s story is not unique. According to the American College of Obstetricians and Gynecologists, preterm premature rupture of membranes happens in 2% to 3% of pregnancies in the United States, and leads to preterm birth in one out of four cases.

Imagine if a similar law were in place nationally. Where would women like Farmer go then?

https://www.timesfreepress.com/news/2022/sep/15/the-entrepreneur/

The new laws treat other health dilemmas with similar disdain. Imagine discovering, shortly after you miss your first period, or perhaps during a prenatal physical, that you have cancer. Chemo-therapy and radiation can seriously harm or even kill a fetus. So what’s the alternative? Wait until the baby is born, and hope that your cancer is still treatable by then? If you’re not facing immediate death, that could be the only legal option. No wonder an article in the journal Demography concludes:

Overall, denying all wanted induced abortions in the United States would increase pregnancy-related mortality substantially, even if the rate of unsafe abortion did not increase.

Who decides? Pro-life rhetoric tends to gloss over such complexities. Pregnancies are problem-free, loving families are lined up to adopt even the most damaged newborns, and so the right thing to do is obvious. All we need is a law to make women do it.

But once you admit that there are any valid exceptions, then someone has to decide which individual cases are exceptional enough to qualify. Republicans believe that those decisions should be made by legislatures, or perhaps by hospital lawyers trying to avoid liability under laws the legislature left vague.

Democrats believe those decisions are best made by the people involved: the pregnant woman, advised by her family, her trusted friends, and the best medical and moral advisors she can find. This is especially true when there are significant risk-tradeoffs to weigh. Take the cancer example: Some women may feel so committed to the life growing inside them that they don’t hesitate to risk their own lives. That decision could be heroic, but the law should not force heroism on people.

And I can easily imagine a husband protesting against heroism: “I’m not ready to sign up for a future where you die and I’m left to raise a child by myself.” Those kinds of discussions need to happen inside families, not in Congress or in front of a hospital ethics board.

Religion. Most abortion decisions are not driven by health considerations, but by how a woman pictures her life proceeding with or without a child, and how she frames the moral questions abortion raises.

Different individuals and different religions see those questions differently. Some (but not all) Christian sects believe that a fertilized ovum already has a human soul, and that killing it is murder. Some (but not all) Jewish sects believe that the soul enters the body much later, perhaps not until the first breath. (See the creation of Adam in Genesis 2:7.) Other religions and non-religious people’s opinions are all over the map. Most Americans appear to believe that the moral status of a fetus starts low and increases as it develops, which is why few people worry much about fertilized ova frozen in fertility clinics.

Whose opinion should control? Consider that if you ate a hamburger yesterday, a Hindu might tell you that the steer it came from had a soul every bit as significant as your own, one that may have inhabited a human body in a previous incarnation. Should this Hindu theology limit what you can eat?

Democrats believe that disputed religious questions should be decided by individuals, and that, unless the government has a secular reason to intervene, your behavior should be governed by your own beliefs (or lack thereof). Republicans believe that conservative Christian theology should control everyone’s behavior, a position they sometimes call “freedom”.

https://www.cagle.com/dave-whamond/2022/10/the-party-of-freedom

Late-term abortions. Anti-abortion activists believe late-term abortions are their trump card. In one typical attack, the National Republican Senatorial Committee claims “Radical John Fetterman Supports Abortion Up Until the Moment of Birth“. The headline conjures up an image of Fetterman (or any Democrat) actively supporting abortion, as if he recommends that women get abortions and tries to persuade them to do so.

But nothing remotely like that is actually happening.

What most (not all) Democrats believe is what I said in the previous section: The decision whether or not to have an abortion can be difficult, and is best made by the people involved rather than by the government. Republicans, on the other hand, believe in some absolute cut-off: After some number of weeks, the government’s judgment automatically becomes better than the family’s. Your case is exceptional if the government says it’s exceptional.

In fact, late abortions are precisely the situations where the government’s arbitrary rules have the least to offer. Such abortions are rare (about 1% of all abortions take place after 21 weeks, and far fewer after 24 weeks), and almost every one is a unique story in which something has unexpectedly gone wrong with a wanted pregnancy. (Though many abortions near the deadline take place because jumping through anti-abortion hoops can delay a poor woman, who may have trouble assembling the resources she needs to travel to a distant city and stay there through a waiting period.)

The Guardian quotes one woman’s husband:

For those who believe these babies are unwanted, Matt says: “You’re not going to wait until halfway through your pregnancy to finally have an abortion.”

I can think of no better closing than to repeat what Mylissa Farmer said:

The world is too nuanced to put such strict rules in place.

https://www.washingtonpost.com/comics/2022/06/27/cartoons-abortion-supreme-court-dobbs/

Closing Argument: Democracy

https://theweek.com/political-satire/1017617/dangerous-business

One of the two parties in these elections has stopped believing in elections.
You should vote for the one that still does believe.


The last time a Republican was president, he did one of the worst things any American president has ever done: He tried to stay in power after losing an election.

The testimony we have heard since, from his own campaign workers and appointees, as well as elected Republican officials in state and local governments, have stripped away all innocent explanations: He knew he had lost. He knew his claims of fraud were false. He knew his plot to appoint fake electors and count their votes was illegal. He knew the crowd he incited to storm the Capitol was prepared to do violence. And after violence broke out, he refused to tell his mob to go home until it was clear that their attempt to intimidate Congress had failed.

His schemes were thwarted only when elected Republicans and his own appointees refused to do his bidding: Mike Pence, Brad Raffensperger, Aaron Van Langevelde, Jeffrey Rosen, Mike Shirkey, Rusty Bowers, and many others at all levels of government. If not for them, he might have succeeded in overthrowing our Constitution or sparking a civil war.

Afterwards, some Republicans in Congress tried to hold the would-be usurper accountable for his actions and reaffirm their party’s commitment to our system of government: Liz Cheney, Adam Kinzinger, Peter Meijer, and several others.

You could imagine a Republican Party in which all those people are heroes: They did their jobs, fulfilled their oaths, and saved American democracy. But that party doesn’t exist. Instead, almost all the Republicans who resisted the coup attempt have been drummed out of office. (Raffensperger, who survived a primary challenge, is a lonely exception. Whether Pence will ever again win a Republican primary is an open question.)

https://www.washingtonpost.com/opinions/2022/10/19/telnaes-election-democracy-gas-prices/

Instead, the ex-president’s personality cult has solidified its hold on the GOP. The most strident promoters of the stolen-election lie, like Marjorie Taylor Greene, have risen, while those who briefly denounced the coup, like Kevin McCarthy and Lindsey Graham, have had to eat their words to retain their influence. Mitch McConnell can’t even defend his own wife against racist abuse. In the current election cycle, the party has been saddled with absurd candidates like Herschel Walker “because he scored a bunch of touchdowns back in the 80’s and he’s Donald Trump’s friend“.

Across the country, Republicans who still refuse to recognize their candidate’s loss in 2020 are running to oversee the 2024 elections, while his Supreme Court appointees consider whether to re-interpret the Constitution to allow state legislatures to ignore both their state constitutions and the will of their voters. Republicans running for governor in swing states — Kari Lake in Arizona, Doug Mastriano in Pennsylvania — have said they wouldn’t have certified Biden’s 2020 victory, without citing any evidence to justify such a move (because there is none). Some Republican candidates — Ron Johnson in Wisconsin — were active participants in illegal 2020 plots.

https://claytoonz.com/2022/10/17/lake-o-lies/

Worse, many MAGA Republicans are following Trump’s example by undermining elections in general: If they lose, they claim fraud without any evidence. Others are openly attacking democracy, like Utah Senator Mike Lee, who said: “We want the human condition to flourish. Rank democracy can thwart that.” Like their leader, many Republicans flirt with racism and anti-semitism, and some don’t even try to hide it.

Even a liberal like me can see that America needs a viable conservative party. It’s healthy that our national conversation include voices saying that government should do less, that traditions should change slowly, and that free enterprise plays an important role in our prosperity. Even as I support the consensus of scientific opinion on subjects like climate change or vaccination, I recognize that those views should not go unchallenged. Every party, even one that I support, needs someone looking over its shoulder.

But the conservative party America needs would be loyal to our Constitution rather than to one man. It would support the institutions of democracy and defend the People’s right to elect someone else.

The current GOP is not that party, and it will not become that party until voters have disciplined it for supporting illegal and violent attempts to seize power. It is the insurrectionists who need to be run out of town, not the people who stopped the insurrection plot from succeeding.

That discipline needs to start in these elections. You may agree or disagree with me about inflation, government spending, regulations, taxes, how to balance women’s rights against fetal rights, and many other issues. But we can have those arguments later. Because in the long run, if we lose our democracy, it won’t matter which of us makes the better case.

American democracy has been in trouble before

If we knew our history, we’d realize that the country is more resilient than we think.


Unprecedented. Every year, dictionary publisher Merriam-Webster announces a “word of the year“: a single term that in some way tells you what the year was about. Typically, it’s not a new coinage, but a common word suddenly getting more use. 2021’s word of the year was vaccine (though insurrection was a competitor), and 2020’s was pandemic. 2019’s word was an old pronoun being used in a new way: the singular they.

I don’t know what Merriam-Webster has in mind for 2022, but if it were up to me, the word of 2022 would be unprecedented. I seldom go a day without running across it somewhere.

All kinds of recent events are being cast as unprecedented. Just this week, Delta Airlines described a surge in fall air traffic as “unprecedented”. An ergonomic research group claimed recent strains on industrial workers are “unprecedented”. Tennessee Governor Bill Lee pitched an anti-crime proposal with a twofer: “Unprecedented times call for unprecedented measures.”

Both the Covid-19 pandemic and policies for containing it have been labeled “unprecedented”. Climate change has brought on all sorts of unprecedented events: not just heat waves, but droughts, storms, and floods.

https://hanfordsentinel.com/opinion/editorial/editorial-cartoon-unprecedented/article_3e08fd25-0075-5a1f-9fc2-d93c0a86ccd9.html

But what makes unprecedented the word of 2022 is its eruption into American political news and discussions about the state of our democracy. No matter which side of the partisan divide you’re on, you see the other side doing unprecedented things that pose an unprecedented threat.

The FBI’s search of Mar-a-Lago was unprecedented, but so was the criminal activity that made it necessary. If the ultimate result is an indictment of a former president, that too would be unprecedented. The January 6th Committee’s vote to subpoena Trump wasn’t quite unprecedented, but sets up an “unprecedented” confrontation. The Committee’s hearings themselves have been unprecedented, but so was the riot (or insurrection or failed coup) they are tasked with investigating. A Trump-and-January-6 documentary released this summer was titled Unprecedented.

Day after day, we are being told that the current threat to American democracy is unlike anything that has ever happened before.

It’s a discouraging, dispiriting message, because it implies that we are on our own. History has nothing to teach us and offers no reassurances. If American democracy is Patient Zero of an previously unknown disease, who can advise us or make any predictions about our survival?

But what if our current predicament isn’t unprecedented? What if American democracy has faced crises before and muddled through them?

Historic blind spots. This is a point where the patriotic version of US history that most of us learned in high school fails us. We know about the Civil War, of course, and the Native American genocide (which used to be known as “how the West was won”). We know that Jim Crow walled Black Americans out of democracy in the South, and that women didn’t get the vote until 1920. Various consensual sexual acts were illegal for much of our history, and same-sex couples couldn’t marry until fairly recently.

But still.

The history I learned in school embedded those failings in a narrative of progress, in which democracy and human rights were constantly expanding. We made mistakes, but we fixed them. The villainies of our past are simply backstory for the heroic saga that followed.

https://picturinghistory.gc.cuny.edu/john-gast-american-progress-1872/

This upbeat narrative is what Ron DeSantis wants Florida schools to teach today:

It was the American Revolution that caused people to question slavery. No one had questioned it before we decided as Americans that we are endowed by our Creator with unalienable rights and that we are all created equal.

So (in this telling) when Thomas Jefferson enslaved hundreds of human beings, took sexual advantage of at least one of them, and then raised his own children as slaves, he was foreshadowing abolition. His vision of human equality wasn’t hypocritical, it was prophetic.

While that onward-and-upward story may fill at least some Americans with a warm glow, it fails us in moments like these, when democracy itself is in trouble and human rights may be starting to contract. How can we cope with such unprecedented challenges?

But what if they aren’t unprecedented?

This week I spent some time examining two of the darker eras of American politics: I listened to the opening episodes of Rachel Maddow’s new podcast “Ultra“, about a fascist plot to overthrow FDR. And I read the new book by Smithsonian curator Jon Grinspan about the hyper-partisan politics of late 1800s, which he has dubbed The Age of Acrimony.

Ultra. The first episode of “Ultra” includes its own best introduction:

This is a story about politics at the edge. A violent, ultra-right authoritarian movement, weirdly infatuated with foreign dictatorships. Support for that movement among serving members of Congress who prove willing and able to use their share of American political power to defend the extremists, to protect themselves, to throw off the investigation. Violence against government targets. Plots to overthrow the United States government by force of arms. And a criminal justice system trying, trying, but ill-suited to thwart this kind of danger. …

This is a story of treachery, deceit and almost unfathomable actions on the part of people who are elected to defend the constitution, but who instead got themselves implicated in a plot to undermine it. A plot to end it. …

Perhaps most importantly, this is also the story of the Americans— mostly now lost to history— who picked up the slack in this fight, who worked themselves to expose what was going on, to investigate it, to report on it, ultimately to stop it.

And there’s a reason to know this history now. Because calculated efforts to undermine democracy, to foment a coup, to spread disinformation across the country, overt actions involving not just a radical band of insurrectionists, but actual serving members of congress working alongside them, that sort of thing is… that’s a lot of things. It’s terrible. But it is not unprecedented.

We are not the first generation of Americans to have to contend with such a fundamental threat. Lucky for us, the largely forgotten Americans who fought these fights before us, they have stories to tell.

“Ultra” begins with a mysterious 1940 plane crash that killed Minnesota Senator Ernest Lundeen, along with several government agents who had begun to shadow him. Lundeen was on his way to deliver a Labor Day speech that not only urged America to stay out of the war in Europe (where Hitler had already taken over France and was threatening Britain), it was openly pro-German, and “had been ghost-written for Senator Lundeen … by a senior, paid agent of Hitler’s government operating in America”.

There was a time when I considered myself a World War II buff. But I had never heard of Senator Lundeen, or of the insurrection plot described in Episode 2, for which 18 members of the Christian Front were arrested.

The participants in that plot were never convicted, largely because of the popularity of their cause.

Prosecutors were blamed for not appreciating— not factoring in to their jury presentation— just how favorably the Christian Front was viewed in the community where the trial was held. The local press affectionately nicknamed them “The Brooklyn Boys.” The local Catholic Church supported them loudly. Nobody who was Jewish was allowed to sit on the jury. There was a local Catholic priest who was advising the Christian Front, who had been leading rallies to support them, who was close to [Father Charles] Coughlin [who coined the term “Christian Front”]. His first cousin was picked as the foreman of the jury.

And yet democracy was not overthrown by fascism, not in 1940 and not since. We’ll have to wait for future episodes (Episode 3 just posted this morning) to find out what Rachel thinks we can learn from democracy’s survival.

The Age of Acrimony. Eight years ago, in the most popular Sift post ever, I first pointed to the biggest hole in my US history education: Reconstruction.

In my high school history class, Reconstruction was a mysterious blank period between Lincoln’s assassination and Edison’s light bulb. Congress impeached Andrew Johnson for some reason, the transcontinental railroad got built, corruption scandals engulfed the Grant administration, and Custer lost at Little Big Horn. But none of it seemed to have much to do with present-day events.

And oh, those blacks Lincoln emancipated? Except for Booker T. Washington and George Washington Carver, they vanished like the Lost Tribes of Israel. They wouldn’t re-enter history until the 1950s, when for some reason they still weren’t free.

Reconstruction and much of the Gilded Age get skipped over because (in every area but technological advancement and GDP growth) they don’t fit very well into the ever-upward narrative of American progress. As Grinspan tells the story:

Americans claim that we are more divided than we have been since the Civil War, but forget that the lifetime after the Civil War saw the loudest, roughest political campaigns in our history. From the 1860s through the early 1900s, presidential elections drew the highest turnouts ever reached, were decided by the closest margins, and witnessed the most political violence. Racist terrorism during Reconstruction, political machines that often operated as organized crime syndicates, and the brutal suppression of labor movements made this the deadliest era in American political history. The nation experienced one impeachment, two presidential elections “won” by the loser of the popular vote, and three presidential assassinations. Control of Congress rocketed back and forth, but neither party seemed capable of tackling the systemic issues disrupting Americans’ lives. Driving it all, a tribal partisanship captivated the public, folding racial, ethnic, and religious identities into two warring hosts.

In hindsight, it’s hard to cast either Democrats or Republicans as the heroes of late 19th-century politics. Democrats were the proud descendants of the Confederacy in the South, combined with the corrupt big-city political machines of the North. On the other side, Republicans soon abandoned the ideals of Reconstruction and 15th Amendment’s new Black voters in favor of the vast business empires of the Rockefellers and Morgans.

More and more of the country was being herded into an impoverished urban proletariat that neither party truly represented. Republicans were on the opposite side entirely, while Democrats would “help” by distributing patronage jobs to loyal party members. Neither party saw a structural problem requiring the kinds of solutions that wouldn’t appear until the 20th century: a minimum wage, workplace safety laws, bans on child labor, unemployment insurance, an old-age pension, and protection for union organizers.

The “Wide Awakes” marching for Lincoln in 1860.

What political campaigns lacked in substance, they made up in noise. Both parties had militaristic marching clubs not entirely unlike the Nazi storm troopers of the 20th century, and torchlight parades were common demonstrations of political strength. Neighborhood political centers were typically saloons where glad-handing ward bosses would pour free drinks in exchange for votes.

The spoils system, in which the victorious party handed out government jobs to those who worked hardest on the campaign, was not a dirty secret, but rather an orderly process that people counted on. President Garfield was assassinated not by an ideological terrorist or a lunatic looking for fame, but by a disgruntled member of his own party who felt his electioneering efforts should have earned him a plum appointment.

The result of all this was a widespread belief that democracy had failed. In 1878, one of the era’s top American historians, Francis Parkman, wrote “The Failure of Universal Suffrage“.

When a man has not sense to comprehend the questions at issue, know a bad candidate from a good one, or see his own true interests — when he cares not a farthing for the general good, and will sell his vote for a dollar — when, by a native instinct, he throws up his cap at the claptrap declamation of some lying knave, and turns with indifference or dislike from the voice of honesty and reason — then his vote becomes a public pest. Somebody uses him, and profits by him.

Rule by the majority, it seemed, meant rule by the ignorant and the easily manipulated. No one appeared to know what to do about it. Parkman, for example, didn’t want a king, and thought any attempt to restrict the vote would be impractical: The People would never give up their power voluntarily, no matter how little good it was doing them. And politicians would never agree to change the system that had put them in power.

Journalist Lincoln Steffens examined seven large political machines, and assembled his conclusions in magazine articles that were reprinted in his 1904 book The Shame of the Cities.

When I set out on my travels, an honest New Yorker told me honestly that I would find that the Irish, the Catholic Irish, were at the bottom of it all everywhere. The first city I went to was St. Louis, a German city. The next was Minneapolis, a Scandinavian city, with a leadership of New Englanders. Then came Pittsburg, Scotch Presbyterian, and that was what my New York friend was. “Ah, but they are all foreign populations,” I heard. The next city was Philadelphia, the purest American community of all, and the most hopeless.

The problem, Steffens concluded, wasn’t any specific group, and it wasn’t the politicians. It was the people in general. Hoping that electing businessmen would improve the system (a perennial claim of businessmen) was pointless, because the politicians were already businessmen. They supplied what the electoral market wanted: corruption.

If we would vote in mass on the more promising ticket, or, if the two are equally bad, would throw out the party that is in, and wait till the next election and then throw out the other party that is in—then, I say, the commercial politician would feel a demand for good government and he would supply it.

But the electorate wouldn’t do that, leading Steffens to this conclusion:

The misgovernment of the American people is misgovernment by the American people.

And yet, somehow, things began to turn around. They had, in fact, already started their long slow turn when Steffens was making his tour.

Solutions? One aspect of Grinspan’s book that is alternately annoying and satisfying is that he has no concise explanation of how change happened. He’s very clear that it didn’t happen all at once, and there was no obvious turning point. Neither party took on the job of reform, and no Gilded Age Solon designed an improved political system.

The change seems to have been primarily cultural rather than political or legal. Systemic changes were the result, not the cause.

It is tempting to tell this story solely as an evolution of law, of amendments ratified granting wider and wider access. But the driving force behind our changing system has been America’s popular culture, the way we use politics.

The widespread conviction by people of both parties that the current system was distasteful and embarrassing led, over time, to a long series of changes, no one of which stands out as the pivot point.

  • Secret ballots. Believe it or not: “Before the final years of the 19th century, partisan newspapers printed filled-out ballots which party workers distributed on election day so voters could drop them directly into the boxes.” Between 1885 and 1891, all the states (acting on their own) switched to more-or-less the current system: An official ballot is printed by the government and given to voters at the polling place, where they fill it out in secret.
  • Civil service. The Pendleton Act was passed in 1883, establishing a merit system for jobs in the federal bureaucracy. State governments soon began passing their own versions.
  • Mass-market advertising. The new business model of newspapers and magazines aimed at offering advertisers near-universal distribution, rather than niche-marketing to a partisan audience. (Why would Coca-Cola want to be known as a Republican or Democratic drink?) This paved the way for standards of objectivity. Mass media has never truly been objective, and there’s some debate whether that idea even makes sense. But prior to, say, 1920, objectivity was not even an aspiration for most newspapers.
  • Parties changed their campaign styles. The torchlight parades and saloon headquarters became unfashionable, too reminiscent of the fat-cat politicians skewered by the newspaper cartoonists. Campaigns started focusing more on platforms, pamphlets, and buttons — things that you read or wore rather than things that you did.
  • Reformers began learning the nuts-and-bolts of politics and getting their hands dirty. In the post-Civil-War era, politics was considered a odious profession, unbecoming to a gentleman. One positive point in Parkman’s essay is a plea for idealistic and well-educated people to run for office. Over the next few decades many did.
  • States provided tools for direct democracy. The referendum and recall processes come from this era.
  • Political energy shifted away from the two major parties and into causes. Rather than crusading as a Republican or Democrat, you might instead devote yourself to temperance or free coinage of silver or women’s suffrage.

Very little of this was decided in elections. For example, neither party was visibly for or against the secret ballot. it didn’t take hold in one part of the country but not another.

Not all the changes were positive: This was also the era when Jim Crow was being established in the South, and the Chinese Exclusion Act passed.

And some of the beneficial developments had dark sides that we have since forgotten. A printed ballot listing all candidates also served as voter suppression: Illiterate or drunk voters might not be able to recognize candidates’ names. Southern Democrats supported the Pendleton Act because the spoils system kept allowing Republican presidents to give good jobs to their Black supporters. Temperance was a way of shutting down the saloons and taverns where working people might gather and plan.

Today, saying that a change requires a constitution amendment is equivalent to admitting that it can’t be done. But four constitutional amendments passed between 1913 and 1920: the federal income tax, direct election of senators, prohibition, and women’s suffrage.

Perhaps the oddest story of the change concerns women’s suffrage. The proposal was going nowhere in the 1880s, because politics was so obviously masculine. Who wanted his wife or daughter marching with a partisan militia, and possibly brawling with a similar group from the other party? Or hanging around in saloons getting men drunk and asking for their votes?

In a weird way, women’s inability to vote or run for office stimulated the push towards causes. Women were largely immune to the hoopla that gave men their political identities, and often diverted them away from their real interests. Undistracted by party politics, a woman might instead devote her energy to crusading for temperance or against lynching. She might organize a union or co-found the NAACP.

Giving women the vote in 1920 isn’t what changed politics. It was only because politics had changed that men could imagine including women in it.

What can we learn? Neither the 1940s nor the Gilded Age is exactly like the present era, and neither provides a blueprint for democracy’s survival. But both, I think, provide a context that give us reasons to hope.

A rose-colored view of our history, one that tells our story as one of continuous progress towards freedom and inclusion, can make us feel uniquely beset today. But in many ways democracy has always been a struggle, and the battle is never completely won.

But knowing about our past struggles may allow us to hope that American democracy is more resilient than we have been thinking. Reforms that seem impossible in one decade can become obvious in the next. The pivotal moments of history are hard to spot, because they’re probably happening inside the culture rather than in Congress.

Things may have already started to turn, and we just don’t see it yet.

Does anything matter?

https://www.washingtonpost.com/opinions/2022/10/04/necessary-roughness/

For the Republican base, individual candidates don’t matter. The only thing on the ballot is control of the Senate.


In living memory, all kinds of scandals could topple a candidacy, including some that today wouldn’t be scandals at all. Way back in 1972, Democratic presidential nominee George McGovern had to replace his running mate, Missouri Senator Tom Eagleton, when it came out that (years before) Eagleton had been hospitalized for depression. Newt Gingrich resigned as Speaker of the House for multiple hypocrisies: He profited from the same kind of shady book deal he had targeted previous Speaker Jim Wright for, and he was having an extramarital affair with a much younger woman at the same time he was impeaching Bill Clinton for doing precisely that. (None of that stopped him from being a serious presidential contender a few years later.)

Gingrich’s designated successor Bob Livingston soon resigned after his own affairs became public, giving way to Dennis Hastert, who (it later turned out) had sexually abused at least four male students when he was a high school teacher and wrestling coach.

Two New York governors have had to resign under fire: Andrew Cuomo for sexual harrassment, and Eliot Spitzer for patronizing prostitutes. Minnesota Senator Al Franken resigned after accusations of groping. Louisiana politician David Vitter survived his prostitution scandal for years, and was even reelected to the Senate, but it came back to bite him when he ran for governor. Idaho Senator Larry Craig was arrested for “lewd behavior” in a public restroom, and several gay men described encounters with Craig, but he backed away from his announced intention to resign from the Senate, and instead decided not to seek reelection. Mark Foley resigned from Congress after sexually suggestive texts and emails he sent to teen-aged male congressional pages became public.

But all that was in a different era. In 2016, Donald Trump toughed out the Access Hollywood scandal, along with numerous accusations from women who claimed that his “grab them by the pussy” quote was more than just the “locker room talk” he claimed it was. Later it was revealed that he paid two women (one a porn star) to keep quiet about sexual affairs while he was married to Melania. His political career not only survived, but he continues to be the hero of Evangelical Christians and other “family values” voters.

During the Clinton/Lewinsky scandal of 1998, Evangelical leader James Dobson wrote:

As it turns out, character DOES matter. You can’t run a family, let alone a country, without it. How foolish to believe that a person who lacks honesty and moral integrity is qualified to lead a nation and the world! Nevertheless, our people continue to say that the President is doing a good job even if they don’t respect him personally. Those two positions are fundamentally incompatible. In the Book of James the question is posed, “Can both fresh water and salt water flow from the same spring” (James 3:11 NIV). The answer is no.

But when Christianity Today supported Trump’s first impeachment, Dobson forgot James 3:11 and jumped to Trump’s defense with talk about policy, not character. (He also completely ignored the existence of Vice President Pence.)

The editors didn’t tell us who should take his place in the aftermath. Maybe the magazine would prefer a president who is passionately pro-abortion, anti-family, hostile to the military, dispassionate toward Israel, supports a socialist form of government, promotes confiscatory taxation, opposes school choice, favors men in women’s sports and boys in girl’s locker rooms, promotes the entire LGBTQ agenda, opposes parental rights, and distrusts evangelicals and anyone who is not politically correct.

Trump’s refusal to be shamed, and Evangelical leaders’ unwillingness to hold it against him, inaugurated the nothing-matters era, at least in the GOP. (Franken’s resignation was in 2018, and Cuomo’s in 2021. But they were Democrats.) As late as 2004, National Review’s Jonah Goldberg could title a Clinton-administration retrospective “Character Matters“, and conclude: “The man never had the character for the job.”

But character apparently doesn’t matter any more. All that matters is which side you’re on.

Herschel Walker. Walker’s candidacy to replace Raphael Warnock as one of Georgia’s senators looked sketchy from the beginning. As as Georgia’s Republican Lieutenant Governor Geoff Duncan put it

Herschel Walker won the primary because he scored a bunch of touchdowns back in the 80’s and he’s Donald Trump’s friend.

Walker repeatedly exaggerated (or just invented) his accomplishments. He not only didn’t graduate in the top 1% of his class at the University of Georgia, he didn’t graduate at all. He didn’t work in law enforcement. He falsely claimed to “own” or to have “started” several businesses. He has a record of domestic violence. It’s not even clear that he lives in Georgia. He published a book about struggles with mental illness that dwarf anything Tom Eagleton went through.

After the primary, it came out that he has three more out-of-wedlock children than the public knew about.

But never mind: The bad stuff, he claimed, was all in the past. He got help for his dissociative personality disorder and Jesus has forgiven him, so he’s a new man now. Nothing in his past should count except for the touchdowns and his friendship with Trump.

The abortion scandal. This week serious scandal blew up again: The Daily Beast reported that Walker paid for a girlfriend’s abortion, in contradiction to the no-exceptions anti-abortion position he takes in public. Subsequently, his son went off on him on social media, raising once again the issues of Walker’s violence, lying, and hypocrisy.

Walker claimed not to know who The Daily Beast might be talking to, but a follow-up report narrowed it down for him: She’s also the mother of one of the children Walker has acknowledged.

Saturday, the NYT reported that it had independently verified the Beast’s article.

A woman who has said Herschel Walker, the Republican Senate nominee in Georgia, paid for her abortion in 2009 told The New York Times that he urged her to terminate a second pregnancy two years later. They ended their relationship after she refused.

In a series of interviews, the woman said Mr. Walker had barely been involved in their now 10-year-old son’s life, offering little more than court-ordered child support and occasional gifts.

Both pregnancies took place after the 2008 book in which Walker claimed to have turned his life around.

When the first Daily Beast article came out, Walker said he would file a lawsuit “tomorrow morning”. But he hasn’t.

Parties, not individuals. One reason politicians used to respond to scandal by resigning or withdrawing was that other politicians treated them like lepers. The thing to do when someone had been tainted by scandal was to get far away from them, lest you be drawn into the scandal yourself. (As a song that turns 100 next year puts it: “Nobody knows you when you’re down and out.“) That fickleness was one reason why Harry Truman famously quipped “If you want a friend in Washington, get a dog.”

But something more than public morality and judgment has changed: All elections have been nationalized. The names on the ballot may be Walker and Warnock, but what Georgia voters are really deciding is whether Republicans or Democrats will control the Senate.

And that matters, in turn, because of the increasing partisanship within the Senate. Whether or not judges will be confirmed, for example, depends less on the character or qualifications of the nominees than on the party of the president who nominated them. Whether senators are trying to boost the economy or sabotage it depends on whether or not they belong to the president’s party. (If Republicans get control of either house this year, you can expect another debt ceiling crisis in 2023. And maybe this time they’ll force the US into default.)

The result is a more tribal party that sticks together in crisis, and circles the wagons around any embattled candidate, no matter how undeserving that individual may be. And while Republicans are much further down that road than Democrats, I feel the pull myself: What could I possibly find out about his opponent that would make me root for Walker to win?

https://www.facebook.com/photo?fbid=656001989204566&set=a.305833804221388

That’s the tacit message in all the “X is on the ballot” slogans. Democracy is on the ballot. Abortion is on the ballot. The planet is on the ballot. Compared to those stakes, what do Herschel Walker and Raphael Warnock — or any competing pair of candidates — matter? You may not know or care who the candidates are in your district, but you should vote anyway.

Conservative radio host and NRA spokesperson Dana Loesch, for example, tweeted

IF true, Walker paid for one broad’s abortion compared to Warnock who wants your tax dollars to pay for EVERY broad’s abortion-as-birth control with no limitations. This isn’t a difficult choice and conservatives shouldn’t look to the left to validate their vote.

(But wait: Warnock isn’t pushing any woman to get an abortion, as Walker did. He’s just supporting women who make that decision for themselves.)

Also Loesch:

I want to control the senate and you should, too. The end.

The individual hypocrisy — for his own convenience, Walker pushed his girlfriend to exercise options he wants to take away from all the women he didn’t impregnate — doesn’t even figure. Nor does the “personhood” of a fetus matter. Republicans claim to believe fetuses are babies and that abortion is murdering a child. So if Walker had paid someone to murder one of his four breathing-and-walking-around children, would that not count either? Would conservative talking heads say “That’s just one murder. How many more murders will there be if Democrats control the Senate?”

So does anything matter? Watching Republicans circle their wagons around Walker, it’s tempting to conclude that all this, bad as it obviously is, will make no difference.

But if you think that, you’re looking in the wrong direction. OK, hardcore MAGA types are not going to change their minds. They have convinced themselves that Democrats are going to destroy America, so if the only way to prevent that is to elect grifters, hypocrites, or even outright criminals to high office, so be it.

But if the hardcore supporters of either party were the only people who voted, nobody would bother to campaign. And while it seems to be true that the number of persuadable swing voters is shrinking, there’s still a considerable pool of folks who (whatever they think) may or may not vote.

WaPo quotes conservative radio host Erick Erickson:

Every dribble of new stuff between now and the election I think increases the pool who say, ‘Screw this, let’s vote for Brian Kemp and let’s not do the other race at all.’ Those people exist in Georgia.

Those are the people who might be swayed. It’s not that some ultra-conservative Georgian is going to get pissed enough at Walker to vote for Warnock. But a sizeable number of the voters any Georgia Republican needs are racists who didn’t really want to vote for a Black guy anyway, even if he did win the Heisman. A lot are people who lean Republican, but sometimes don’t vote because they think politicians are all crooks. If they get disgusted enough with Walker, they might just forget to show up at the polls, decide at the last minute to skip the Walker/Warnock line on the ballot, or maybe write in the name of some YouTube influencer they really agree with.

Conversely, watching Christian Walker rail against his Dad on social media might convince a few young men to get off their butts and register to vote. Seeing yet another example of the hypocrisy of the religious Right might give some marginal female voters a push to go protect their bodily autonomy.

If you want to know what difference this scandal will make, you have to look there, not at the Dana Loeschs.

One final note on Christianity. Walker is responding to the scandal obliquely, with an ad his campaign calls “Grace“.

Raphael Warnock’s running a nasty, dishonest campaign. Perfect for Washington. The Reverend doesn’t even tell my full story. My true story. As everyone knows, I had a real battle with mental health. I even wrote a book about it. And by the grace of God, I’ve overcome it. Warnock’s a preacher, who doesn’t tell the truth. He doesn’t even believe in redemption. I’m Herschel Walker, saved by grace, and I approve this message.

This ad is an opportunistic mishmash of themes. On the one hand it hints at a denial: Warnock’s campaign is “dishonest”, so whatever they’re accusing me of, I didn’t do it. On the other hand, maybe I did do it, but God has forgiven me. So anyone who brings up the bad things I did or tries to hold me responsible for them “doesn’t believe in redemption”.

If there still are any Trump-era conservatives who have anything more than an opportunistic relationship with Christianity, I have a theological question: In what theory of grace does God forgive you for stuff that you still deny you did? What kind of repentance allows you to keep saying that your accusers are liars?

All the theologians I know refer to this kind of grace disdainfully as “cheap grace”, which Dietrich Bonhoeffer defined as “forgiveness without repentance”. Your sin goes away because taking responsibility for it is inconvenient. Or, as the mother of the child Walker wanted aborted put it: “He picks and chooses where it’s convenient for him to use that religious crutch.”

Amanda Marcotte points out the long-term cost Christianity is paying and will continue to pay for this kind of hypocrisy: The adults may not believe what they’re saying, but the kids do — until they realize it’s all a con.

The kids are watching. Young people raised in churches often DO believe the lies about chastity and “pro-life.” This hypocrisy exposes them to the truth before they’re too deep to extract themselves. And they turn their backs on their parents. I have met SO MANY people who became liberals because of the hypocrisy of the conservative environments they grew up in. It’s a major reason every generation is more liberal than the last. So this shit matters.

When Christians lament about the decline of their religion and the growing number of Americans with no religious affiliation, they shouldn’t vaguely blame “the culture” or “Hollywood liberals”, because they’re doing it to themselves. Christianity is losing its children because the kids see their elders saying one thing and doing something else.

The Court’s problems run deeper than Roe

https://www.inquirer.com/opinion/cartoons/supreme-court-packing-amy-coney-barrett-confirmation-hearing-20201022.html

On September 10, the New York Post ran the headline “Chief Justice John Roberts defends Supreme Court legitimacy“. His speech the previous evening at a conference of judges in Colorado inspired discussions on several news networks around the question: Is the current Supreme Court legitimate?

I was reminded of this passage from the 1948 political novel All the King’s Men.

It was one of those embarrassing questions like “Do you think my wife is virtuous?” or “Did you know I am a Jew?” which are embarrassing, not because of anything you might say for an answer, the truth or a lie, but because the fellow asked the question at all.

The problem isn’t so much how anyone might answer the question of the Court’s legitimacy, but that we have to answer it at all. It didn’t used to be up for debate; but now it is. The Court has done that to itself.

Polls show the Court’s approval rating at record lows. Court-packing — expanding the Court [1] so that new justices can be appointed — had been off the table politically since FDR tried it in the 1930s. But in a Marquette Law School poll taken earlier this month, 18% strongly favored increasing the number of justices, and 33% somewhat favored it, adding up to a slim majority. With some demographic groups, court-packing was fairly popular:

Expanding the court was favored by larger majorities of a number of groups: 63% of Black respondents, 61% of Hispanic respondents, 60+% of those ages 18-44, 60% of women and 56% of those making less than $30,000 per year.

These kinds of numbers matter, not because Congress is likely to take up a court-packing proposal, much less pass one, but because the whole idea constitutes a blasphemy against the mythology of the Court. The Supreme Court is supposed to be a kind of priesthood, whose lifetime appointments remove them from the hurly-burly of worldly concerns. In his confirmation hearing in 2005, Roberts waxed idealistic:

Mr. Chairman, I come before the committee with no agenda.

I have no platform.

Judges are not politicians who can promise to do certain things in exchange for votes.

I have no agenda, but I do have a commitment. If I am confirmed, I will confront every case with an open mind. I will fully and fairly analyze the legal arguments that are presented. I will be open to the considered views of my colleagues on the bench. And I will decide every case based on the record, according to the rule of law, without fear or favor, to the best of my ability. And I will remember that it’s my job to call balls and strikes and not to pitch or bat.

So what’s Roberts’ defense of the Court now?

Simply because people disagree with opinions, is not a basis for questioning the legitimacy of the court

But the problem isn’t just that the Court’s reversal of Roe — or its rulings on guns or voting rights or campaign finance or the separation of church and state — aren’t popular. The Court’s legitimacy problem runs much deeper.

The law changed not because anything changed in the world, but because new justices joined the Court.

It’s not unheard of for the Supreme Court to reverse a precedent that has stood for many years. Plessy v Ferguson, for example, established the separate-but-equal principle in 1896, and was reversed by Brown v Board of Education in 1954. But the contrast between the Brown and Dobbs reversals is striking.

The Brown reversal was unanimous, not a 5-4 decision where the three most recently appointed justices made the difference. The arguments in Brown represented a change in tactics from those in Plessy. And the world had changed around Plessy: The Brown decision cited recent psychological research on the effects of segregation on Black children; the federal government submitted a brief about how racial discrimination was hurting the United States in the Cold War competition in Africa and Asia; Black soldiers had fought for the US in two world wars; and the supposed inferiority of Black people had been challenged in sports by athletes like Jesse Owens, Joe Louis, and Jackie Robinson.

But what created the Dobbs decision was the appointment of new justices. Donald Trump had run on the promise that his judicial nominations would be “all picked by the Federalist Society“, which opposed abortion rights. He fulfilled that promise: He made three appointments, all of whom voted to overturn Roe.

Squaring that record with Roberts’ confirmation-hearing idealism requires a lot of unconvincing verbal gymnastics: True, Gorsuch, Kavanaugh, and Barrett didn’t get votes in the Senate by promising to overturn Roe. (Quite the opposite, they secured the final votes they needed by promising to respect precedent, which they did not do.) The political process was more roundabout: Trump promised to let the Federalist Society pick his judges, and Gorsuch, Kavanaugh, and Barrett sent the Federalist Society sufficient signals to convince them that they would overturn Roe.

So yes, they are politicians who got their positions by (indirectly) promising to do certain things. They were put on the Court to pitch and bat, not to call balls and strikes. That fact was widely known, and anti-abortion legislatures intentionally teed up laws that would allow the new justices to overturn Roe.

The Court’s conservative majority is due to political shenanigans in the Senate.

When Justice Scalia died, President Obama nominated Merrick Garland to replace him. Garland had a spotless record that left Republican senators no excuse to vote against him. So instead Majority Leader Mitch McConnell just refused to recognize that Garland had been nominated at all, ignoring the Constitutional directive to advise and consent on nominations, giving the excuse that the Garland nomination was too close to the 2016 election. That argument went out the window, though, when Ruth Bader Ginsburg died, and Barrett’s nomination was raced through the Senate so that she could be seated in time for any 2020 election controversies.

The exchange below is instructive: Al Franken says the Garland/Barrett hypocrisy “destroyed the legitimacy of the Court”. Republican Alice Stewart argues that the Garland maneuver is what happens “historically” when the Senate is controlled by a different party than the White House. And Franken refuses to let that lie pass: “When has it ever happened before?” he demands, and won’t stop asking the question, because Stewart can’t answer. It had never happened before.

The Court’s conservative majority is the result of minority rule.

The Founders strongly believed in the sovereignty of the People, but they left two major loopholes in the Constitution that have opened the door to minority rule: the Electoral College and the Senate. The Court’s current majority could not exist without both of them.

Trump’s three justices would never have been appointed if the Electoral College in 2016 had not reversed the decision of the voters: Hillary Clinton beat Trump nationally by nearly three million votes. [2] Worse, Mitch McConnell’s Senate majority did not represent a majority of the American people.

For the last thirty years, Republican Senate majorities have relied not on the support of a majority of American voters, but on using small-state victories to overcome large-state defeats. Since 1990, there has been only one six-year election cycle (i.e., the period during which all Senate seats come up for election) when Republican Senate candidates got more votes than their Democratic opponents. It hasn’t happened since the 1994/1996/1998 cycle. [3]

In other words, if the Senate represented the American people, Mitch McConnell would never have been majority leader.

Under a majority-rule constitution, a Democratic-majority Senate would have seated Merrick Garland, Hillary Clinton would have nominated Ruth Bader Ginsburg’s replacement to a Democratic-majority Senate, and Justice Kennedy would be hoping to live long enough to see a Republican president. Liberals would have a 5-4 majority, counting the sometimes-liberal Kennedy as part of the conservative 4.

http://thecomicnews.com/edtoons/2019/0703/gerry/01.php

The Court actively participates in a minority-rule vicious cycle.

It would be one thing if happenstance (such as who dies when) had created the conservative Court majority, and that Court went on to make impartial principled rulings about elections.

But conservative justices on the Court have been actively promoting the minority rule that installed them. Justice Roberts, for example, wrote the 5-4 opinion that gutted the Voting Rights Act, and has continued to chip away at what remains of it. [4]

That opinion has allowed Republicans to pass voter suppression laws in swing states like Georgia and Wisconsin, which might well decide which party controls the Senate next year. Roberts’ ruling could make the difference that puts Mitch McConnell back into a position where he could block a Biden nominee if some member of the Court’s conservative majority should happen to die or retire unexpectedly.

It’s a vicious cycle: A Court approved by minority rule extends minority rule.

The Roberts Court has put its thumb on the electoral scales in a variety of other ways, consistently favoring Republicans. It has refused to ban gerrymandering, arguing the absurd point that the voters should take action against the very gerrymandering that makes their votes irrelevant. It has opened the spigots of corporate campaign donations and dark money, which overwhelmingly flows to conservative candidates.

Again, we can see the results: Democrats currently lead in the generic congressional ballot polls by an average of 1.3%. And yet Republicans are favored to control the House. Why? Because Democrats have to win by 3-5% to gain a majority of seats.

Compare two recent “wave” elections. In 2018, 53.4% of voters supported Democratic House candidates, compared to 44.8% who supported Republicans. Those votes gave Democrats a 235-199 majority.

In 2010, 51.7% voted for Republican House candidates compared to 44.9% for Democrats. The resulting Republican majority? 242-193.

Fewer Republican votes yield more Republican seats. That’s a problem for people who believe in democracy, but not for the Roberts Court. The more Republican seats, the better.

It could soon get worse. The Court has decided to hear Moore v Harper, a case which raises the once-absurd “independent state legislature” doctrine. Under this theory, rules for federal elections are set by state legislatures, and no one can overrule them: governors can’t veto and state supreme courts can’t find that they violated the state constitution.

When you consider that some state legislatures are so gerrymandered that they aren’t really democratic institutions any more [5], giving them total control of federal elections is a recipe for permanent minority rule.

The Court has an ethics problem.

The only ethics code that applies to the justices is the vague “good behavior” standard in the Constitution. Each justice makes his own decisions about conflicts of interest and whether to recuse from a case. The current justices are abusing that lack of standards.

The most egregious recent case is Clarence Thomas, who rules on cases where his wife has an interest.

But also, a federal panel in 2018 dismissed 83 ethics complaints against Brett Kavanaugh, not because they weren’t serious, but because “there is no existing authority that allows lower court judges to investigate or discipline Supreme Court justices.” And we have since discovered that the FBI investigation into Christine Blasey Ford’s sexual assault accusation against Kavanaugh was rigged to find nothing.

Unpopularity is just the beginning.

Any judge has to be ready to bear the heat of making an unpopular decision, if that’s what the rule of law requires. But when changes on the Court immediately lead to changes in the meaning of the laws, the public is right to be suspicious.

And when those changes on the law are based on a minority’s ability to change the Court without ever changing the minds of the electorate, that’s a problem. Vox’ Ian Millhiser sums that problem up:

The Dobbs decision is the culmination of a decades-long effort by Republicans to capture the Supreme Court and use it, not just to undercut abortion rights but also to implement an unpopular agenda they cannot implement through the democratic process.

Worse, the Court is abusing its power to change the democratic process itself, and so is rewarding the party that installed it.

That — and not a few unpopular decisions — is the source of the Court’s legitimacy problem.


[1] Many people think the number of justices is set in the Constitution, but it isn’t. Article III says simply:

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

leaving the details of the Court totally up to Congress. The actual number of justices has changed many times. The original court had six justices. The nine-justice court was established in 1869, and has stayed at nine ever since.

The objection to court-packing is obvious: It sets up the possibility of a tit-for-tat cycle, where new justices are approved whenever a new party takes power. But accepting that argument leaves a question unanswered: The Court has already been packed. What should be done about that?

[2] Some people add Justice Alito to this total, because he was appointed by George W. Bush, who lost the popular vote to Al Gore in 2000. However, Bush nominated Alito during his second term, after winning the popular vote in 2004. You can argue that if Gore had been elected in 2000, Bush couldn’t have been re-elected in 2004. But that argument takes us a little too far down the alternate-history rabbit hole. Gore might have lost his re-election bid in 2004, and the Republican who beat him might have appointed someone like Alito.

[3] The Senate that confirmed Amy Coney Barrett in 2020 is a good example. During the 2014/2016/2018 election cycle (when the senators serving in 2020 were elected), Democratic Senate candidates got 50.3% of the votes compared to the Republicans’ 43.3%. But that minority of votes netted the Republicans a 53-47 majority.

[4] It’s impossible to read Roberts’ 2013 Voting Rights Act decision as a legal argument; it’s a political argument, pure and simple. Here’s my summary at the time:

The VRA was vaguely justified in 1965 and is vaguely unjustified now, because “things have changed”. If I were a congressman, I would have no idea how to revise the VRA so that it passes constitutional muster. If Congress does revise it, lower court judges who rule on it will just be guessing about its constitutionality. It will have to go back to the Supreme Court before anyone knows whether it’s really a law again, because there are no standards in Roberts’ opinion by which a revision can be judged.

[5] According to a report by the Schwartzenegger Institute:

59 million Americans live under minority rule in their U.S. state legislatures following the 2018 elections. Minority rule is defined as the party with the minority of votes in the most recent election nevertheless controlling the majority of seats in the state legislature subsequent to that election. Six U.S. state legislatures were drawn by legislatures or partisan-leaning committees that resulted in minority rule following the 2018 elections. These states are Michigan, North Carolina, Ohio, Pennsylvania, Virginia, and Wisconsin

Note that all six of those states were Republican legislatures ruling over a Democratic electorate.

How the Trump Grift Works

https://theweek.com/political-satire/1015579/trump-persecuted

Trump’s lawsuit against Hillary’s vast conspiracy was dismissed, and the Durham investigation is winding down without proving much of anything. But in their day, these two Trump-will-be-vindicated hoaxes kept the money flowing in.


When I was growing up fundamentalist, Jesus’ second coming was always imminent. Any day now, the Heavens would open and there He would be, declaring an end to secular history and beginning a period of judgment that would separate the believers from the unbelievers. On that day, the doubters would be proven wrong and there would be “wailing and gnashing of teeth”. The righteous, on the other hand, would “shine forth as the sun in the kingdom of their Father”.

And in the meantime, you should keep sending in your money.

You can’t fully understand Trumpism without holding that picture in mind. Whatever evidence of Trump’s criminality the “fake news media” might present, and whatever testimony the 1-6 committee gets from Trump’s own people, the real Truth is going to be revealed any day now. His persecutors will be routed, and their sinister plots will be revealed.

In the meantime, keep sending Trump your money.

Like Jesus’ second coming, Trump’s final vindication can be predicted again and again — and those predictions can fail again and again — without undermining the basic narrative that it’s coming any day now. [1] Just scrap the old details for new ones and you’re good to go. Did Trump leave the presidency without invoking Q-Anon’s “storm”? Did none of his 82 post-election lawsuits prove fraud, even when he got them heard by judges he appointed? No problem: Those fantasies kept the money rolling in until new fantasies could be ginned up.

Recently, two other major Trump-vindication vehicles have gone bust: the Hillary conspiracy lawsuit and the Durham investigation. Each was a big deal in its day, but, you know, life moves on. The suit got dismissed and the investigation is closing up shop without finding any of the crimes Trump promised.

But never mind, they kept the money flowing.

The great Clinton conspiracy. It sounds weird to say this, but one of the most amusing things I read these last two weeks was Judge Donald Middlebrooks’ dismissal of Trump’s sprawling lawsuit against Hillary Clinton, Jim Comey, and everybody else the Former Guy has ever blamed for investigating his collusion with Russia.

Middlebrooks’ opinion reads like a professor grading the work of a particularly disappointing first-year law student. The judge keeps backing up to explain fundamental things the student (i.e., Trump’s lawyers) should have read in the textbook (i.e., landmark precedents).

A complaint filed in federal court must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Each allegation must be simple, concise, and direct. Each claim must be stated in numbered paragraphs, and each numbered paragraph limited as far as practicable to a single set of circumstances.

Plaintiff’s Amended Complaint is 193 pages in length, with 819 numbered paragraphs. It contains 14 counts, names 31 defendants, 10 “John Does” described as fictitious and unknown persons, and 10 “ABC Corporations” identified as fictitious and unknown entities. Plaintiff’s Amended Complaint is neither short nor plain, and it certainly does not establish that Plaintiff is entitled to any relief.

More troubling, the claims presented in the Amended Complaint are not warranted under existing law. …

At this stage, a court must construe the complaint in the light most favorable to the plaintiff and accept as true all the plaintiff’s factual allegations. However, pleadings that “are no more than conclusions, are not entitled to the assumption of truth. While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations.” A pleading that offers “labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.”

The rest of the ruling is a series of that’s-not-what-the-law-says, the-reference-in-your-footnote-doesn’t-support-the-point-you’re-making, and so on, culminating in the judge’s refusal to let Trump’s lawyers amend their complaint a second time:

It’s not that I find the Amended Complaint “inadequate in any respect”; it is inadequate in nearly every respect. … At its core, the problem with Plaintiff’s Amended Complaint is that Plaintiff is not attempting to seek redress for any legal harm; instead, he is seeking to flaunt a 200-page political manifesto outlining his grievances against those who have opposed him, and this Court is not the appropriate forum.

I’m reminded of the scene in The Paper Chase where Professor Kingsfield says to a student, “Here is a dime. Call your mother and tell her there is serious doubt about you becoming a lawyer.”

The inescapable conclusion of Judge Middlebrooks’ critique is that no competent lawyer ever intended this complaint to be the basis for a serious lawsuit. Rather, the only credible purposes would have been to get headlines for filing the suit, and to fund-raise off of those headlines.

In short, the anti-Hillary suit was part of the continuing grift against Trump’s own followers: Neither Hillary nor any of the other defendants was ever going to pay Trump damages, but the prospect of the vast Trump-persecuting conspiracy finally being exposed would induce the MAGA cultists to keep their wallets open.

What Trump wanted out of the Durham investigation. That’s Obama on the far left. https://www.conservativedailynews.com/2019/10/bull-durham-grrr-graphics-ben-garrison-cartoon/

Durham. When Trump accuses his opponents of doing something, it’s only a matter of time before he does the same thing himself (if he hasn’t already). In his mind, the Mueller investigation was an expensive taxpayer-sponsored witch hunt against him. So of course he had to have his own expensive taxpayer-sponsored witch hunt.

When Bill Barr announced this investigation in 2019, conservatives were expecting the grand finale to the Mueller story, the counter-attack that would uncover all the illegal machinations the FBI and others had done to try to nail Trump. As recently as February, Trump was still promising that Durham was finding evidence of “the crime of the century” and “treason at the highest level”. He was “coming up with things far bigger than anybody thought possible”.

Durham may go down as a great hero in this country that will be talked about for years.

But that was all part of the grift. Trump was reacting with such glee to a court filing related to Durham’s indictment of Michael Sussman, a minor figure accused of a minor crime that Durham could not prove. (The jury acquitted Sussman after only six hours of deliberation.) No “crime of the century” involving high-profile conspirators like President Obama or Hillary Clinton.

Now the Durham investigation appears to be shutting down, having lasted longer and cost more than the Mueller probe it was supposed to be investigating. It also has accomplished far less: Mueller proved that Russia did help the 2016 Trump campaign, and that it committed crimes to do so. Mueller didn’t come up with enough evidence to indict the Trump campaign itself in the conspiracy, though he did trace a suspiciously large number of links between Trump’s people and Putin’s. The investigation dead-ended at Paul Manafort and Roger Stone, both of whom were convicted of felonies, but got pardons from Trump, presumably as a reward for their silence.

Durham has one case left: against Igor Danchenko, who is accused of lying to the FBI about the information in the Steele dossier, which Trump wants to claim was the sole source of the Trump/Russia investigation. (It wasn’t. It wasn’t even the primary source.) Again, somebody may have lied about something that, in the end, didn’t really matter. Or maybe not: Durham’s standards appear to be far lower than Mueller’s, so his Danchenko case may be no more convincing than the one against Sussman.

But while Durham’s long-running investigation may look like a flop from a legal point of view, Atlantic’s David Graham explains that it did what it was supposed to do:

Even if Durham approached the probe with earnest sincerity, the real reason he was appointed is that Donald Trump’s political con requires the promise of total vindication right around the corner. For a time, Durham provided that hope for Trump backers. But now, as Trump moves on to other ploys, the Durham probe has served its purpose, even though it has produced no major convictions or epiphanies.

The grift goes on. So now is Trump’s Save America PAC going to apologize for raising money under false pretenses and send it all back? Don’t be silly. The Great Orange Conman has indeed “moved on to other ploys”. Now that investigations on numerous fronts threaten to expose his crimes, he needs your money more than ever.

Don’t ask what he did with the quarter-billion-plus he’s already collected, or why such a fabulously wealthy man needs your money at all. [2] The Forces of Evil are still at work, conspiring to find the top-secret documents Trump stole, expose his fraudulent business practices, and piece together his conspiracy to steal the presidency. So it’s time for all red-blooded Americans to step up, forget all the times Trump has lied in the past about conspiracies against him, and send in their money. (Also, stand by to riot again if he’s indicted.)

Objectively, things may keep looking worse and worse for Trump, but that’s how this story is supposed to go: the worse, the better. Signs of the End Times just lead to the Great Judgment.

Any minute now, the trumpet will blow, and the sky will be full of angels.


[1] I am reminded of one of the great opening paragraphs of any autobiography ever. In Knee Deep in Paradise, TV actress Brett Butler wrote:

I spent the first twenty years of my life waiting for two men I was reasonably certain would never come back – my daddy and Jesus Christ. I don’t wait for them anymore. My dad, anyway. And at least with Jesus I didn’t spend all that time thinking he was gone because of something I did.

[2] Again, there’s a religious parallel. As Captain Kirk once asked: “What does God need with a starship?

The Battle for Voters’ Imaginations

https://www.theeditorialcartoons.com/editorial-cartoon/Nick+Anderson%27s+Editorial+Cartoons/2022-07-28/195313

Post-Dobbs, voters are imagining very different abortion scenarios than the ones the pro-life movement has been pushing for years. That’s an advantage Democrats need to hold onto as the fall elections get closer.


After Sarah Palin lost Alaska’s only House seat, Democrat Pat Ryan won a special election in a purple district, and Kansas voters resounding rejected giving their legislature the power to ban abortion, Republicans are beginning to catch on that November might not be quite the cakewalk they had expected, and the Dobbs decision overturning Roe v Wade is a big reason.

In Michigan, Republicans on the Board of Canvassers are using technicalities to block a referendum that would write the Roe protections into the state constitution. It’s not hard to see why: Not only would that referendum pass, but it would raise Democratic turnout for the state’s other races. Better for Republicans that voters not be offered the choice.

That’s not how the conventional wisdom used to work: Culture-war issues used to be seen as a way to boost Republican turnout. Democrats used to be confident the Supreme Court would protect their reproductive freedom and other personal rights, but now they have to protect their own rights by voting.

Dahlia Lithwick explains:

Efforts of those who have taken the position that forced birth is somehow pleasant and rewarding, even for America’s 10-year-old rape victims, have backfired spectacularly, as have their claims that abortion rights advocates are lying about new dangers that abortion bans pose to patients with high-risk pregnancies or who are experiencing a miscarriage.

For the last six weeks, Republicans have touted their vision of a post-Roe America. It is a place in which rapists get to choose the mother of their children, even if she is 10 years old; in which patients must be dying of sepsis before they can terminate a failing pregnancy; in which doctors who follow their duty of care to perform a life-saving abortion must persuade prosecutors of their proper judgment at risk of incarceration; and in which pharmacists refuse to provide women with autoimmune treatment because they suspect it could be used for an illicit abortion. This reality unfolded in under a month, because it’s the fondest dream of a small minority of uncompromising extremists.

In under a month, even Americans who call themselves abortion opponents have come to see that when abortion is criminal, every uterus is a potential crime scene.

Those situations aren’t the ones anti-abortion activists want voters to imagine. They’d rather voters thought about foolishly promiscuous women who selfishly want to escape the consequences of their actions, not women who are being re-victimized by the law after men and circumstances have already victimized them once.

All over the country, Republican candidates are being caught between their extreme anti-abortion base, whose support has been necessary to get through Republican primaries, and the majority of general-election voters, whose views are far more moderate and nuanced.

The fall pivot. But could they turn this situation around, and make Democrats own the “extreme” views on their side? Marjorie Dannenfelser of Susan B. Anthony Pro-Life America thinks so:

[Pat] Ryan avoided specifics, couching his position in well-worn, vague terms such as “freedom to choose” and “controlling women’s bodies.” A sharp offense could have punctured this obvious vulnerability, challenging the Democrat to explain exactly what policies he wants and whether there is a single limit on abortion he would support: when the child’s heartbeat can be detected? If not then, what about a first-trimester limit, which two-thirds of Americans support? Or 15 weeks, when some new evidence indicates unborn children can feel pain — a limit 72 percent of Americans support and that sits within the European mainstream? Or like Biden and almost every congressional Democrat, does he advocate legislation that allows abortion throughout all nine months of pregnancy as long as a doctor will say it’s for the woman’s health? Only 10 percent of Americans believe abortion should be legal that late, and this broad loophole means the bill is far more radical than Democrats would have you believe.

The advantage of fantasy. What Dannenfelser is trying to regain might be called the advantage of fantasy. Whoever gets to construct the hypothetical case under discussion can imagine a favorable one, even if that situation is rare or even non-existent. Should a raped 10-year-old be forced to carry the baby to term? Should a pregnant woman with breast cancer be forced to wait months to begin treatments that would harm her fetus? An overwhelming majority of people would approve an abortion in those cases, and reject a law (or a legislator) who wouldn’t allow one.

But what if a perfectly healthy woman with a perfectly healthy 8-month fetus decides on a whim that she no longer wants to be a mother? In a matter of weeks, her pregnancy could come to a successful conclusion, an infertile couple could have a beautiful baby to raise, and the woman could get on with her life. But she chooses an abortion instead. Do you approve of that choice? Should the law allow it?

Are there such cases? It’s not clear. But if a voter can imagine it, the reality may not matter.

How to respond. If the discussion goes there, a poorly prepared Democrat could be in trouble. On the one hand, the fantasy is ugly, and a pro-reproductive-rights candidate could lose support by owning that ugliness. On the other, nuanced line-drawing is tedious and uninspiring. Why here and not there? [1] And if you draw the line based on polls, as Dannenfelser seems to suggest, your position looks calculated rather than principled. [2]

But what should a well-prepared Democrat say?

First, I think you have to acknowledge the ugliness of the fantasy and disapprove of it, as the vast majority of voters do. If that perfectly healthy pregnant woman came to me asking for my approval of her whimsical decision, I couldn’t give it. [3] My sympathies would be more with the childless couple and the possibilities the healthy 8-month fetus represents.

Very quickly, though, you have to draw the line between your personal approval and the law. The law is not a tool for making every situation come out the way you want. If a friend came to me with his plan to cheat on his wife, I would disapprove and urge him to reconsider. But that doesn’t mean I would support a law against adultery.

Third, point out that the law is a blunt instrument. You can’t just pass a law against this case. A law would necessarily identify a larger set of cases, and would impose a rule on them. In each individual case, the government’s decision would overrule the judgment of the people involved: the woman, her doctor, her family, and all the other friends and moral advisors whose opinions she might seek.

The introduction of a broader class allows you to bring reality back into the discussion, and to take back the advantage of fantasy: If we include this woman in a class, and for the entire class substitute the government’s blanket decision for the judgment of the people who are actually present, what new ugly situations have we created? More than we resolved, maybe?

And if we’re going to substitute our own judgment for theirs, don’t we have to be sure we’re right in the overwhelming majority of cases? Just more-often-that-not shouldn’t be good enough, if we’re usurping people’s most important personal decisions.

A Democratic training video. If you look up “well-prepared Democrat” in a dictionary, chances are you will see a picture of Pete Buttigieg. In a townhall discussion during his presidential campaign, Fox News moderator Chris Wallace tried Dannenfelser’s gambit of trying to make Buttigieg draw a line.

Do you believe, at any point in pregnancy … that there should be any limit on a woman’s right to have an abortion?

But Pete refused to take the bait.

I think the dialogue has gotten so caught up on where you draw the line, that we’ve gotten away from the fundamental question of, who gets to draw the line? I trust women to draw the line when it’s their own health.

Wallace tried again, framing the issue as personal approval of a hypothetical situation:

Just to be clear, you’re saying you’d be okay with a woman well into the third trimester deciding to abort her pregnancy?

And Pete protested,

These hypotheticals are usually set up in order to provoke a strong emotional [response].

When Wallace cut that answer off, saying that late-term abortions actually happen, he appeared not to realize that he had wandered back onto Pete’s turf: reality. There are about 6,000 late-term abortions each year, representing less than 1% of abortions. And now that they were talking about 6,000 real women, Pete could grab control of the audience’s imagination by painting a more realistic picture.

Let’s put ourselves in the shoes of a woman in that situation. If it’s that late in your pregnancy, that means almost by definition, you’ve been expecting to carry it to term. We’re talking about women who have perhaps chosen a name, who have purchased a crib. Families that then get the most devastating medical news of their lifetime. Something about the health or life of the mother that forces them to make an impossible, unthinkable choice… As horrible as that choice is, that woman, that family, may seek spiritual guidance, they may seek medical guidance, but that decision is not going to be made any better, medically or morally, because the government is dictating how that decision should be made.

So if you’d been picturing a flighty woman late in a problem-free pregnancy, Pete pushed you to think again. Late-term abortion decisions are full of one-of-a-kind complications. A cookie-cutter decision laid out by armchair moralists, or state legislatures guided by armchair moralists, isn’t usually going to weigh those factors as well as the people in the room will. Maybe never, and certainly not in the overwhelming majority of cases we’d need in order to justify a ban.

How to judge who’s winning. As we go into the fall, both sides are going to try to frame their opponents as captive to their party’s extreme wing. But it’s going to be important to point out that the “extremes” are not mirror images of one another: Republican extremists are extremely interested in making your reproductive decisions for you, and Democratic “extremists” are insisting that you retain those rights across the board.

If the Republican is winning that debate, the Democrat will seem licentious and morally slippery. (“I don’t care. Do whatever you want.”) If the Democrat is winning, the Republican will seem arrogant. (“It doesn’t matter what you decide. I know better.”)


[1] Disputing Dannenfelser’s dubious claims takes the debate down a rabbit hole. Anti-abortion activists are famously dishonest about where such lines actually fall. Religious Americans often imagine that someone who claims to represent a church or a religious movement wouldn’t just lie to them about scientific facts. But in fact, anti-abortion activists are some of the most shameless liars in American politics. Apparently, if you believe you are fighting to prevent millions of “murders”, a lie seems like a very small sin.

[2] Republicans drawing lines based on polls also look calculating.

[3] It’s important to understand how far into fantasyland we are here: That woman doesn’t exist, and wouldn’t seek my approval if she did. Very few people other than me care that much about my approval.

“Fascist” is a description, not an insult.

https://www.creators.com/read/andy-marlette/09/22/332870

After two years of claiming Joe Biden is senile (and deceptively editing videos to prove it), falsely claiming that his presidency is illegitimate, and pretending that “Let’s Go Brandon” and “FJB” are clever things to display on t-shirts, flags, trucks etc.; after declaring that liberals in general are groomers, pro-pedophile, communists, libtards, and baby-killers — MAGA Republicans are now deeply offended that the President has begun hitting back.

How dare he!

Biden’s counter-attack started on August 25, when he described “extreme MAGA philosophy” as “semi-fascist“. It continued in a prime-time speech Thursday night from Independence Hall in Philadelphia:

MAGA forces are determined to take this country backwards, backwards to an America where there is no right to choose, no right to privacy, no right to contraception, no right to marry who you love. They promote authoritarian leaders, and they fanned the flames of political violence that are a threat to our personal rights, to the pursuit of justice, to the rule of law, to the very soul of this country.

They look at the mob that stormed the United States Capitol on Jan. 6, brutally attacking law enforcement, not as insurrectionists who placed a dagger at the throat of our democracy, but they look at them as patriots. And they see their MAGA failure to stop a peaceful transfer of power after the 2020 election as preparation for the 2022 and 2024 elections.

They tried everything last time to nullify the votes of 81 million people. This time, they’re determined to succeed in thwarting the will of the people.

If you doubted a single word of that, Trump proved Biden’s point Thursday by promising — if he should ever become president again — to “look very, very favorably about full pardons”, with a “full apology”, no less, for his Brownshirts, the rioters he drew to Washington and incited to attack the Capitol on January 6.

Apparently, Trump supporters should be free to beat up police and intimidate Congress. The law should not apply to political violence, if that violence works to Trump’s advantage.

https://buffalonews.com/opinion/adam-zyglis-2022/collection_10d8d684-6f18-11ec-8781-d72e4b72c14d.html#1

But in spite of the obvious truth in Biden’s remarks, the pro-fascist voices shrieked in horror: Biden had “insulted” “half the people living in this country“, i.e. everyone who voted for Trump. (Who aren’t “half the country”, by the way. That’s why he lost.)

But two points: (1) Not all of those 74 million Trump votes came from “MAGA Republicans” or even Trump supporters; they just liked him better than Biden. And probably most of those voters did not expect Trump to try to hang onto power by inciting violence after he lost; they might not have voted for him if they had.

Immediately after January 6, lots of Republicans felt that way — not just Liz Cheney and Adam Kinzinger, but also Kevin McCarthy, Mitch McConnell, Lindsey Graham and many others. But then elected officials saw which way the wind was blowing within the GOP, and most of them weathervaned back into the MAGA fold. They aren’t Trumpists, they’re just opportunists and cowards.

So Biden carefully targeted his criticism:

Now, I want to be very clear, very clear up front. Not every Republican, not even the majority of Republicans, are MAGA Republicans. Not every Republican embraces their extreme ideology. I know, because I’ve been able to work with these mainstream Republicans.

But the MAGA folks ignored that part of the speech and continued to insist that Trump voters ARE Trump; you can’t attack him without attacking them. Which also proves Biden’s point: Telling the masses to identify with the Leader, to see his pains as their pains and his enemies as their enemies, is one of the traits of fascism.

Which brings up the second point: (2) Biden (and me and a lot of other liberals) are not using “fascism” as an insult. It is descriptive term that means something — and that meaning clearly applies to Trump and his personality cult.

In 2015, I felt obligated to write an article describing what I meant by “fascism” before I started using the word. I boiled it down to these key characteristics:

[Fascism is] a dysfunctional attempt of people who feel humiliated and powerless to restore their pride by:

styling themselves as the only true and faithful heirs of their nation’s glorious (and possibly mythical) past,

identifying with a charismatic leader whose success will become their success,

helping that leader achieve power by whatever means necessary, including violence,

under his leadership, purifying the nation by restoring its traditional and characteristic virtues (again, through violence if necessary),

reawakening and reclaiming the nation’s past glory (by war, if necessary),

all of which leads to the main point: humiliating the internal and external enemies they blame for their own humiliation.

Again, I haven’t changed that definition (not even the italics) since 2015. Trump and his movement have spent the last 7 years proving me right about them, from the demonization of Muslims to the intentional cruelty of his border policy to the mob violence of January 6.

And what unites Trump’s mob? Identification with one of the groups that might feel aggrieved by the slipping of its former dominance. If the core of your identity is to be White, male, Christian, rural, or heterosexual, and you feel wronged by a society that no longer honors you as you feel you deserve (or sufficiently punishes people who are different from you), then you are a “real American” who needs to bask in the gold-plated glow of Trump’s reflected greatness, and needs his strength to strike back at those who have looked down on you.

As I said in 2015, fascism appears mercurial because it’s not “political” in any ordinary sense; it has no characteristic ideology or economic program, just friends and enemies. Fascism is a phenomenon of social psychology. It’s about dominance and grievance and humiliation and projecting images of strength, not potential solutions to the problems of Americans’ real lives.

The GOP’s decision not to write a platform in 2020 was textbook fascism: Our policy is Trump. Today, the way a candidate gets Trump’s endorsement and the backing of his cult is not to champion a set of ideals or policies, it’s to champion Trump himself, and his made-up grievances about the 2020 election and the FBI’s “invasion” of Mar-a-Lago.

Imagine a candidate who pledged to advance all of the Trump administration policies, but said that Biden had been legitimately elected and the January 6 riot was wrong. Could that candidate get Trump’s endorsement? I think not.

Trump doesn’t have policies, he has grievances. If you also feel aggrieved, he wants you to identify your grievances with his, and to vicariously experience satisfaction when he is victorious again and achieves a humiliating revenge against his enemies.

That’s what fascism is all about.

https://www.sltrib.com/opinion/bagley/2022/09/02/bagley-cartoon-maga-meltdown/

The Return of the Bitter Politics of Envy

Plutocracy survives by pitting working people against each other. Ginning up outrage against the Americans who are getting some of their student debt cancelled is just a new verse in an old song.


Back in 2012, when presidential candidate Mitt Romney was taking heat for all the jobs he destroyed on his way to wealth, he accused his critics of practicing “the bitter politics of envy” and “class warfare“. Mitt didn’t think we should resent him just because he’s richer than the rest of us, and we also shouldn’t resent any of the hard-hearted things he did to reach that exalted position.

The year before, though, we heard a very different message about envy from another conservative presidential wannabe, Wisconsin Governor Scott Walker, who at the time was trying to kill off the state employee unions. Walker’s ally, the Club for Growth, ran ads telling Wisconsinites working in the private sector who they should really resent for the hard times that had followed the real-estate bubble of 2008: not billionaires like the ones who fund the Club for Growth, but those same state employees that Walker was trying to shaft.

All across Wisconsin, people are making sacrifices to keep their jobs. Frozen wages. Pay cuts. And paying more for health care. But state workers haven’t had to sacrifice. … It’s not fair. … It’s time state employees paid their fair share, just like the rest of us.

Is that bitter or what? The ads barely bothered to explain what benefit ordinary Wisconsinites would get from sticking it to the clerks at the DMV, other than the satisfaction of seeing those uppity state workers finally get theirs.

But strangely, Mitt’s anti-envy crusade never mentioned those ads. Because the point was never to remove envy and bitterness from politics; it was to make sure people’s resentment was directed down or sideways rather than up.

So if life seems unfair to you, don’t look at the guy on top, who is raking off vast sums of money for doing something of nebulous value, often with government help. Look instead at, say, the teachers and nurses who work for your state. If their union is making sure they still get a fair day’s pay for a day of hard work, while somebody like Mitt Romney has laid you off — well, screw those teachers and nurses!

Better yet, screw the poor family who got an extra $50 of public assistance because Jenny didn’t report her babysitting income. Such dishonesty! Ignore the corporation that got a big tax cut to create jobs, and then conveniently forgot to create jobs. Ignore the guy who claims to be a billionaire, but keeps using the bankruptcy laws to stiff his creditors. Did you know there’s a guy who buys lobster with food stamps? (Or at least there was, back in 2013. He still comes up from time to time.) That’s what’s wrong with America!

You know who else is destroying America? People who are so desperate that they risk their lives to come here so they can clean our toilets for less than minimum wage. Who do they think they are? We have laws, you know.

This is how plutocracy survives: If you’re unhappy, focus your resentment on other people like you, or maybe people worse off than you. But don’t look up with anything in your heart other than awe and gratitude. Never look up in resentment.

The current example of this trick is the attempt to raise anger about Biden’s student-debt-relief program, which was announced Wednesday.

https://claytoonz.com/2022/08/25/student-loan-forgiveness/

Before we get into the divisive rhetoric, let’s quickly review what Biden’s program does: If you have student loans and you don’t make too much money, you can get part of your debt forgiven. The amount of forgiveness is capped at $20K if you received a need-based Pell Grant, and at $10K if you didn’t. (Two-thirds of Pell Grant recipients come from families with less than $30K of annual household income.) And “make too much money” means $125K per year for an individual or $250K for a household. The Biden administration estimates that the bulk of the benefit will go to people making considerably less than the upper limit.

In addition, Biden’s executive order changes the rules around payment rates: Required payments are capped at 5% of discretionary income (down from 10%), and the definition of “discretionary” has changed to lower the payments further.

NYT columnist Jamelle Bouie points out that you don’t have to have gone to college to benefit:

If you want to haul freight for a living, you’ll need a commercial driver’s license, which means you’ll need training, which means you’ll need school. This schooling can cost thousands of dollars, and students can pay their tuition with federal student loans. So, too, can people who need training to work as medical technicians or home care workers or physical therapists or restaurant workers, among many other trades and professions.

Millions of people with blue-collar jobs owe thousands of dollars in federal student loans, and they may not have the income needed to pay them off. Biden’s plan helps them as much or more than a graduate of a four-year college with debt on the ledger. It also helps the millions of Americans who took out loans, attended college, but for one reason or another could not complete their degrees and are in the worst of all financial worlds as a result.

One of the examples in Biden’s announcement calls attention to this fact:

A typical single construction worker (making $38,000 a year) with a construction management credential would pay only $31 a month, compared to the $147 they pay now under the most recent income-driven repayment plan, for annual savings of nearly $1,400.

In short: Biden has done a pretty good job of aiming this program at middle-and-lower-class people who tried to better themselves through education and training, but didn’t strike it rich.

https://www.facebook.com/photo?fbid=626270678844364&set=a.305833804221388

But if you listened to the Republican response, or the drum-beat on Fox News, you wouldn’t grasp any of that. Conservatives are trying to turn this into a culture-war issue, with taxes from salt-of-the-Earth non-college folks paying for a benefit that goes only to privileged (but lazy) intellectual snobs.

Senate Minority Leader Mitch McConnell (net worth $35 million, and I’m not sure if that counts his wife’s $30 million) blasted the proposal:

Democrats’ student loan socialism is a slap in the face to working Americans who sacrificed to pay their debt or made different career choices to avoid debt. A wildly unfair redistribution of wealth toward higher-earning people.

Marjorie Taylor Greene (whose construction company had a $183K loan forgiven under the Paycheck Protection Program) also drew a culture-war battle line:

Taxpayers all over the country, taxpayers that never took out a student loan, taxpayers that pay their bills and maybe even never went to college, just hardworking people, they shouldn’t have to pay off the great big student loan debt for some college student that piled up massive debt going to some Ivy League school

Ted Cruz (an Ivy-Leaguer who was a Princeton undergrad before going to Harvard Law School and is married to a Goldman Sachs banker) sharpened the image of who you should resent:

If you are that slacker barista who wasted seven years in college studying completely useless things, now has loans and can’t get a job, Joe Biden just gave you 20 grand

Or maybe the reason you’re in debt over your head is that you “wasted” four years training to teach in the Texas public schools, while Ted spends over $40K per child per year on his kids’ private school.

But we don’t even need to go there, because barista is a job. That “slacker” woman does real work that keeps her on her feet all day, and Ted has just slapped her in the face.

That barista insult also points to another fault line Republicans are trying to exploit: generational resentment.

https://goimages-thevirtual.blogspot.com/2021/04/trolley-problem-student-debt-meme.html

A lot of people my age and older are making an I-suffered-so-I-want-everybody-to-suffer argument. (An aside to people who claim to reach their conservatism by way of Christianity: Can you imagine a less Christ-like position?)

Supposedly, forgiving any student debt at all is an “insult” to the people who have paid their debt in full, or paid for college without loans (as many people my age did). Similarly, emancipation was an insult to all the enslaved people who escaped to Canada without Lincoln’s help. The Covid vaccines are an insult to all the people who died of Covid before they were available. And so on. It’s not fair.

The most bizarre aspect of this debate is that there actually is a generational-justice issue here, but it points in the opposite direction: People (like me) who got our higher educations in the 1970s and 1980s received our government subsidy up front. That’s why we didn’t pile up debt.

That happened in two ways. First, the grant money available from the federal government covered a much bigger percentage of student expenses.

But even that graph doesn’t really capture what’s been happening. One reason the orange line rises so quickly is that state governments were cutting back on the money they spent on their university systems, which then had to cover their costs by raising tuition. And as tuition rose at top state universities like Berkeley or Michigan, private colleges and universities faced less competition, and so could raise their tuition as well.

You can see the pattern in the graph below: Every time a recession threw the states’ budgets into crisis, they cut back on higher education. But when the economy improved, the cuts were never restored. As a result, the portion of college costs that students paid through tuition nearly doubled, from about a fourth to almost half.

Here’s how that pattern played out in Wisconsin. The graph below charts the state appropriation for the University of Wisconsin system per full-time-student-equivalent per year, adjusted for inflation.

That, in a nutshell, is why Millennials are carrying so much student debt: State and federal governments put much less money into their educations than those governments had put into, for example, mine. So Millennials had to borrow to cover the difference.

But let’s add one more piece to the puzzle: the loss of other options.

http://louissytsmaap2.blogspot.com/2013/03/americas-biggest-export-our-jobs.html

At the same time higher education was getting more expensive, high-paying jobs for people without some post-high-school degree or credential were going away. And like the rise in tuition, this trend was the result of government policies: Two key parts of the Reagan revolution (which Bill Clinton mostly either let stand or actively continued) were union-busting and globalization, which sent entire manufacturing industries overseas and forced huge wage-and-benefit concessions from the workers who still had jobs.

Fifty years ago, a union job on the assembly line at GM or a truck-driving job under a Teamster contract was a plausible path to the American dream. On that one income, you could buy a house, raise children, and even send those children to (government subsidized) college if they were so inclined.

Or you could work a union job for a year or two while you lived with your parents, and save up enough money to put yourself through college.

No more.

So in these last few decades, young people born without wealth have faced an increasingly grim choice: accept that they are permanent members of an underclass that will always have to struggle financially — like the baristas Ted Cruz despises so much — or gamble on their future success by taking on enormous debts. (I anticipate the objection that there’s a third choice: start your own business. But if you don’t have parents wealthy or connected enough to get you started — like, say, Bill Gates or Jeff Bezos — that path also typically involves heavy borrowing.)

And who put them in that unfortunate position? The US government and the voters who supported its policies.

So when I look at the whole picture, I think letting some of those debtors partially off the hook is the least we can do.

And if that outcome leaves you with boiling resentment that still needs a target, I have a suggestion on which direction you should look.

Governing Party vs. Personality Cult

https://theweek.com/political-satire/1015811/pick-six

Democrats and Republicans are telling us who they are.


In political novels, authors make diverse issues converge so that competing politicians, parties, or movements can demonstrate their contrasting natures within the short time-window of a plot. That almost never happens in real life — except for these last two weeks.

Recent news has featured two very different stories: Democrats passed the Inflation Reduction Act over unanimous Republican opposition, breaking the legislative logjam that (until now) has blocked Congress from from fighting climate change, cracking down on corporations that pay no tax, or lowering prescription drug costs.

Meanwhile, Republicans did their best to raise public outrage against the FBI and DoJ after they searched for — and found — classified documents that Donald Trump was holding illegally at Mar-a-Lago. As Trump’s excuses shifted from day to day, prominent Republicans dutifully parroted each one. No member of the GOP leadership even hinted that Trump should account for his actions.

In an additional subplot, chief Trump critic Liz Cheney — former member of the House Republican leadership and daughter of a Republican vice president — was overwhelmingly rejected by the Republican voters of Wyoming. The GOP is the Trump personality cult now; anyone who won’t bow down to him belongs somewhere else.

Democrats

The Inflation Reduction Act. President Biden signed the IRA on Tuesday. The bill does several things that have been popular with voters for years, but haven’t been able to get through Congress: It lowers prescription drug costs by letting Medicare negotiate with drug companies, caps how much Medicare recipients have to pay for drugs, and cracks down on profitable corporations that pay little-to-no income tax. It extends subsidies that help people afford ObamaCare policies, and also lowers the deficit by raising more revenue than it spends.

The biggest spending items in the bill are aimed at mitigating climate change, a growing problem that has been apparent for decades, but which Congress has also been unable to muster the will to address. By 2032, the IRA is expected to lower carbon emissions 40% from what they were in 2005. It accomplishes that mainly by subsidizing both sustainable electric power and the purchase of electric vehicles.

Democrats were also united around a provision to cap the cost of insulin, a life-saving drug that is out of patent and cheap to manufacture, but can cost a lot in the US (but not in other countries) due to market failures and corporate greed. Unfortunately, arcane Senate rules wouldn’t let an across-the-board insulin cap be part of a bill that circumvented the filibuster. So the Senate couldn’t pass the cap without ten Republican votes, and only seven Republicans were willing to sign on. 43 Republican senators voted to keep the price of insulin high.

Other legislative accomplishments. The IRA was the final exclamation point on a series of bills Democrats got through Congress this summer.

  • A bipartisan gun control bill. It doesn’t do nearly as much as Biden wanted, but it does extend red-flag provisions for keeping guns out of the hands of high-risk people, closes the boyfriend loophole, cracks down on interstate gun trafficking, and makes it harder for 18-21-year-olds to buy guns. It’s the first major restriction on guns in decades.
  • A veterans health bill in which the government finally took responsibility for the effects of toxic fumes from the burn pits used to dispose of military waste in Afghanistan and Iraq.
  • The CHIPS Act, which is intended to bring high-tech manufacturing back to the US and put US tech industries into a better position to compete with China.

These bills build on a record of accomplishment from earlier in Biden’s term, like the American Rescue Plan Act (which deserves a lot of credit for the economy’s fast recovery from the Covid shutdown. Unemployment had skyrocketed during he last year of the Trump administration, but is near record lows now.) and the bipartisan infrastructure bill (which Trump had kept promising but never delivered).

More could have been accomplished if not for the two Democratic senators who refused to scrap the filibuster. If Democrats hold the House and pick up two senate seats in the fall — still a longshot, but a growing possibility — they could protect voting rights and codify the protection American women lost when the Supreme Court trashed Roe v Wade.

That’s who the Democrats are: They are concerned with real problems (climate change, unemployment, national competitiveness, the cost of health care …) and are not just posturing about them, but taking action.

https://claytoonz.com/2022/08/15/treasonous-squirrels/

Republicans

Meanwhile, the Republicans have been displaying a different nature: a personality cult whose highest priority is to defend their leader against legal accountability for his actions.

The Mar-a-Lago search. On August 8, FBI agents executed a search warrant on Trump’s Mar-a-Lago residence, which is part of his country club. They were looking for records from his administration, which according to law, belong to the government, not to him. The National Archives and Record Administration, the agency that oversees such records, has been trying to reclaim their documents from him ever since he left office.

In January, NARA retrieved 15 boxes of documents and other materials from Mar-a-Lago, but (believing they had not gotten everything) asked the help of the Department of Justice. In May, DoJ issued a subpoena which they served to Trump’s lawyers on June 3. More documents were turned over at that time, and a Trump lawyer falsely signed a document stating that all classified material had been returned.

We do not at this point know why DoJ believed classified documents were still at Mar-a-Lago, but a judge found probable cause that evidence of several crimes, including breaking the Espionage Act, was still at Mar-a-Lago. Hence the search warrant.

The FBI found what the search warrant was seeking: more boxes of documents, some of them classified at the highest levels.

So far, no one has presented the slightest evidence that NARA, DoJ, the judge, or the FBI did anything wrong. Trump has railed against all of them, inspiring one deranged follower to attack an FBI office in Cincinnati, an action that led to the man’s death. But though he has posted lengthy diatribes on his Truth Social clone of Twitter, Trump has had nothing to say about the most important questions:

  • Why did he take the documents?
  • Why was he keeping them?
  • What did he plan to do with them?

The firehose. Instead, Trump has posted a series of excuses. Most of them contradict each other, and all of them have fallen apart quickly. Anderson Cooper summed them up.

  • Trump had been cooperating with DoJ, so there was no excuse to send in a search team. (Reality: Trump’s “cooperative” lawyer had lied to DoJ when it served the subpoena in June.)
  • There were no classified documents at Mar-a-Lago.
  • The FBI may have planted the classified documents.
  • The documents existed and weren’t planted, but Trump had magically declassified them (via a “standing order” that no one in his administration had ever heard of). [1]
  • Obama did the same thing. (NARA immediately contradicted this: “The National Archives and Records Administration assumed exclusive legal and physical custody of Obama Presidential records when President Barack Obama left office in 2017, in accordance with the Presidential Records Act.”)
  • Taking the classified documents was an honest mistake. Up until the last minute, Trump thought that he could stay in power in spite of losing the election, so when it turned out that the United States was still a democracy after all, he had to pack up the White House quickly. (But why has he kept the documents, and why did his lawyers lie about them?)
  • Trump did take the classified documents and keep them after NARA asked for them, but it’s not illegal because he didn’t destroy them or sell them. (Cooper quotes the part of the Espionage Act that says it is illegal.)

Chris Hayes put together a similar list, with videos of Trump’s Fox News puppets making the claims.

There is a name for this propaganda technique: the firehose of falsehood, pioneered by Vladimir Putin. Steve Bannon refers to it as “flooding the zone with shit“.

Cooper refers to the last excuse on his list (put forward by Rudy Giuliani) as the “perfect phone call” phase of the scandal. The reference is to the call that led to Trump’s first impeachment, when he tried to make aid to Ukraine dependent on President Zelenskyy agreeing to a bogus investigation of Joe Biden. Trump and his people had offered a similar firehose of contradictory explanations and distractions, until Trump eventually settled on the defense that he did exactly what he was accused of — and had been denying — but it wasn’t wrong; it was a “perfect phone call“. His later attempt to strong-arm Georgia Secretary of State Brad Raffensperger into “finding” enough votes for Trump to win Georgia was also a “perfect phone call“.

https://theweek.com/political-satire/1016000/who-will-protect-the-protectors

This time, though, we’ve seen one step beyond the perfect phone call: The claim that DoJ should back down (even though Trump did commit crimes) for fear of Trump’s violent followers. Thursday, Trump lawyer Alina Habba went on Newsmax to issue an implied threat to the FBI agents who carried out the Mar-a-Lago search. Commenting on the proposal that Trump release the security-camera footage of the search, she said “I would love that.” When shown a video of former FBI counter-intelligence chief Peter Strozk worrying about violence against the agents if their names and faces are identified, Habba seemed fine with that possibility.

Listen. FBI undercover agents, that’s one thing. But when you go into a president’s home, an ex-president’s home, what do you expect is going to happen? What do you expect?

I expect that there are more people out there like the guy who attacked the FBI office in Cincinnati. Habba (and Trump) know that, but they either don’t care or they’re counting on it.

Republicans against law enforcement. Every step of the way, Republican leaders have backed Trump in whichever argument he was making at the time.

Before he knew anything about the search other than that it had happened, Kevin McCarthy, who hopes to be Speaker if Republicans take the House in November, tweeted “I’ve seen enough”. Based on nothing, he immediately adopted Trump’s anti-law-enforcement rhetoric about DoJ’s “intolerable state of weaponized politicization”. He threatened an investigation of DoJ that will “leave no stone unturned”.

Also knowing nothing, and not taking a moment to find out, House Republican Conference Chair Elise Stefanik called the search “a dark day in American history” and called for “an immediate investigation and accountability into Joe Biden and his administration’s weaponizing this department against their political opponents”.

Senator Rand Paul raised the planted-documents theory on Fox News — again, based on nothing. He also called for repealing the Espionage Act that Trump appears to have violated. Numerous Republicans, including Marjorie Taylor Greene, want to defund the FBI. “I mean, we have to,” says Bo Hines, a Trump-endorsed candidate for Congress in North Carolina.

Other than a handful of exiles like Liz Cheney, no major GOP figure is asking Trump to explain why he broke the law.

As we head toward the fall elections, it’s important not to lose sight of what the two parties represent. Democrats are trying to prove that the American system of government still works, by passing laws that address the problems Americans face today, as well as the looming crises of the future. Republicans are a personality cult drumming up fear and paranoia in order to return their leader to power, no matter what he has said or done or might do in the future.


[1] As someone who once had a Top Secret clearance, I can’t let this point go without further comment. A Trump spokesman announced on Hannity:

As we can all relate to, everyone ends up having to bring home their work from time to time. American presidents are no different. President Trump, in order to prepare for work on the next day, often took documents, including classified documents, to the residence. He had a standing order that documents removed from the Oval Office and taken to the residence were deemed to be declassified the moment he removed them.

This is nonsense on many levels. First, if you work with classified documents you don’t take your work home. Ever. If classified documents are signed out to you, you have a safe in your office, and the documents are supposed to be inside the safe when you leave for the evening.

Second, the “standing order” makes no sense. You can only take it seriously if you grossly misconceive what classification means.

What is classified is information, not paper. Suppose there are ten copies of some classified report, and Trump takes one of them home. Does that mean that the report is declassified? If I have one of the other nine copies, can I sell it to the Chinese now? Does it get reclassified in the morning when Trump brings it back? Will my espionage trial hinge on what time it was when I delivered the report to our enemies?

In short, it’s not just that Trump’s “standing order” didn’t exist (as two of his chiefs of staff have verified). It couldn’t exist. By claiming that it did exist, Trump is trying to take advantage of your ignorance. You should feel insulted.