The Rubber Is Meeting The Road

Paul Weiss, an enormous and influential law firm, and Columbia University, long considered a top-rank institution of higher education, have bent their knees to the bully in the White House. They didn’t offer even token resistance. (Many in the legal community now mockingly refer to the law firm as “Paul Wuss.”)

Their cowardice threatens all Americans.

A recent essay in The Contrarian  quoted Rachel Cohen, a young lawyer who organized a letter of protest against Donald Trump’s unconscionable attacks on lawyers and law firms, and who subsequently resigned from her job at Skadden Arps, which has evidently also bent the knee. (She’s not alone; see The Telegraph, Junior lawyers revolt after bosses bow to Trump ‘intimidation’.)

“Big law has a huge collective action problem,” she said. “[I]t’s because we are so risk averse.”

As the Contrarian notes,

In a real sense, the collective action problem—no one stands up to the MAGA onslaught because no one else is doing it—now permeates much of civil society (including the press, law firms, and universities). Tech barons feel compelled to cough up $1M for Trump’s inauguration because they don’t want to risk being left off the podium. Paul Weiss capitulates for fear other firms will do the same. Faced with oppressive, powerful forces, it is much easier to go along to get along, keep your head down, and not call attention to oneself. (Hence, the entire Republican Party capitulating to Trump.)

At a time when too many Americans measure their worth by comparisons to others’ wealth, status, and influence, the fear of losing something–access to a politician, research grants, social status, or blue ribbon clients–can become paralyzing. “It is called a collective action problem for a reason—it is hard to break the passivity cycle. But that does not mean it is impossible.

The essay suggests changing the incentives. Law firms bending the knee can be ostracized by associates; universities like Columbia should be shunned by students, faculty, and alumni who understand the degree to which compliance undermines intellectual integrity. When institutions face a downside–shaming– for doing the wrong thing, they might be more inclined to stand by their principles.

Meanwhile, other universities can eschew the ground of least resistance. They can pledge to reject attacks on academic freedom. If and when even one prestigious university lays down such a marker, it will cement its own status as a prominent academic institution that leads with integrity. (Also, one or more schools can offer Columbia students the opportunity to transfer, or could agree to hire researchers whose grants were cut. The loss of prestige, students, and top-notch faculty can be a disincentive to cave.)

I would note that incentivising moral/legal behavior is only necessary for institutions lacking the integrity to act on their purported principles without outside pressure.

The Association of American Law Schools has published a blistering letter denouncing Trump’s unprecedented attacks on legal and educational institutions.

Taken together these actions seek to chill criticism, silence those who may seek to hold the executive branch accountable and intimidate lawyers…. The independence of our universities and judiciary, and the ability of lawyers to fully represent their clients, are at the core of our democracy and have long been supported by all Americans, regardless of political party.

The letter called for collective efforts to push back against the Trump bullies, including coordination with alumni, judges, local bar associations, and other schools, and for public and private demonstrations of support for those Trump targets.

As a former lawyer and academic, I found the immediate, craven surrender of Paul Weiss and Columbia incredibly depressing.  A law firm unwilling to defend the rule of law has shamed itself; a University (especially one with an ample endowment, like Columbia) that sells its integrity for a grant betrays the central purpose of academia.

If I were in the market for legal services, I would not employ a law firm that has shown itself unwilling to defend itself. If I was once again seeking an academic position, I would avoid any university unwilling to defend academic freedom.

Several law firms attacked by Trump (Covington and Burling, Perkins Coie, Jenner and Block, and most recently, Wilmer Hale) have refused to fold, unlike Paul Weiss and Skadden Arps. At this juncture, I was able to find only five universities that have publicly spoken out against Trump’s vendetta. The president of Wesleyan, Michael Roth, was first and loudest; he’s been joined by presidents of Mount Holyoke, Delta College in Michigan, Trinity Community College in Washington DC, and Princeton.

Their ranks must increase. The rubber has hit the road.

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The War On Medical Knowledge

This administration is waging a war on all sorts of research, scholarship and expertise.

MAGA Republicanism has long been an enemy of that hated “elitist” devotion to knowledge and empiricism (remember Scott Walker’s attacks on the University of Wisconsin and the “Wisconsin Idea”? He wanted to change the description of the University’s purpose from “basic to every purpose of the (University of Wisconsin) system is the search for truth” to “meet[ing] the state’s workforce needs.” )

If there remains any doubt about MAGA’s animus toward scholarship and the search for truth, one need only look at Trump’s all-out attacks on Universities and the judiciary. The universities’ commitment to empirical fact and the courts’ commitment to “fact-based” analysis are incompatible with the madman’s desire to impose his own prejudices on the American public.

Perhaps the clearest–and most horrifying– example of Trump’s assault on knowledge and expertise has been his enthusiastic facilitation of RFK Jr.’s assault on medical research, including but not limited to cancer research.

As The Washington Post recently reported,

A federal judge might have paused President Donald Trump’s attempt to slash about $4 billion for biomedical research funding through the National Institutes of Health, but the uncertainty created by the administration is already taking an immense toll on science.

Many schools and institutions have preemptively implemented cost-cutting measures in anticipation of losing funding down the line. This will, of course, curtail all sorts of crucial research happening now on disease treatments and preventions. But it will also have reverberations for years to come — potentially affecting an entire generation of future scientists.
 
The NIH has announced cancellation of its prestigious internship program–a program that gave more than 1,000 college students the opportunity to work at the agency each summer–and the National Science Foundation has downsized its research program for undergraduates. Countless doctors and medical scientists owe their careers to these programs.
 
 
Johns Hopkins University said Thursday it had begun laying off more than 2,000 workers across the globe after the institution lost $800 million in federal grants cut by the Trump administration.

As the administration has slashed funding for the U.S. Agency for International Development (USAID), perhaps no institution of higher education has been hit harder than Johns Hopkins. Among the programs targeted were a $50 million project to treat HIV while experimenting with machine learning in India and a $200 million grant to treat one of the world’s most deadly diseases in thousands of children.
 
Several other media outlets have reported on Trump Administration’s cuts to cancer and Alzheimer’s research funding, including the termination of a $5 million grant to the Herbert Irving Comprehensive Cancer Center at Columbia University. DOGE has listed that amount among DOGE’s “savings.” The vicious cuts to medical research have included pediatric cancer research funding.
 
 
The Trump administration’s effort to reshape the federal government through Elon Musk and his Department of Government Efficiency (DOGE) is raising fears among public health experts, researchers and advocacy groups of a massive brain drain and dire impacts to public health. 
 
Termination letters hit the inboxes of thousands of workers across health agencies in just the past week as the administration took a sledgehammer to the federal government.  

The employees worked on projects including studying infectious diseases, medical device safety, food safety, lowering health costs and improving maternal health outcomes. All of them are now out of a job.  

“The federal government has a huge footprint. [These layoffs] will interrupt all fields of research. Every phase of our scientific endeavor has been interrupted, including that research that is essential for our national security,” said Georges Benjamin, executive director of the American Public Health Association.  

MAGA’s Christian Nationalists evidently want to take us back to the days when “good Christians” like Cotton Mather understood diseases like smallpox to be evidence of God’s displeasure….

To believe the Trump/Musk assault is on “fraud and waste” would require us to re-define those terms. “Waste” in Musk jargon is defined as any program with which he disagrees. The fact that Congress chose to establish a program or pursue a goal is entirely beside the point, as is that pesky Constitutional provision vesting Congress–not DOGE– with exclusive authority over fiscal matters.

If there is one thing that distinguishes MAGA and its White Christian Nationalists from the rest of us, it is a seething resentment of those who differ, and especially those they consider “elitists”–defined not as people with money, (they  worship oligarchs, no matter how obviously ignorant) but people with knowledge and expertise. 

They’re thrilled with Trump’s destruction of our government, and they evidently don’t worry that they’ll get cancer…or measles.

 
 
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Trump’s Phony War On Anti-Semitism

If there is any aspect of Donald Trump’s “character,” (note quotes) that has been amply documented, it has been his bigotries. (Extensive research has also confirmed that agreement with his racial animus is a characteristic of the vast majority of his supporters.) Trump’s own virulent anti-Semitism has been consistently displayed by his numerous reported comments and social media posts, and by his ongoing relationships with, and support from, various neo-Nazi figures.

So the administration’s assertion that its war on universities is an effort to stamp out anti-Semitism is ludicrous. What he wants to “stamp out” is intellectual inquiry and free speech. And plenty of Jewish academics are having none of it.

On Indiana University’s Bloomington campus, thirty-eight current and former Jewish professors delivered a letter to President Pamela Whitten, Provost Rahul Shrivastav and Board of Trustees Chair Quinn Buckner, urging them not to invoke their names or Jewish students’ names as justification for limiting free speech at IU.

Jeffrey C. Isaac, James H. Rudy professor of political science, signed the letter. Isaac said the group opposes antisemitism, and he’s been involved in activism against antisemitism.

Isaac said existing laws and the university’s regulations and policies already protect Jewish people from antisemitism. He’s never felt afraid on campus, and his students haven’t said they’re afraid either.

“I don’t mean to question every person who says they’re afraid,” Isaac said. “We need to listen to them. But that’s different than saying we need to shut down anything that disturbs them, and that’s what’s going on in this country now.”

In the letter, with which I entirely agree, the professors declined  to be used as “justification for any action that further limits academic autonomy or freedom of expression at IU.”

We, the undersigned, have all been “Jewish students on campus” somewhere. Our children have been Jewish students on campus somewhere. We teach Jewish students on this campus. And we—unlike Gov. Braun or Education Secretary Linda McMahon—have known antisemitism firsthand. But we also know that our identities, both as Jewish Americans and as public university employees, require respect for free speech and tolerance of opposing viewpoints.

Those values lead us to remind you that IU has a responsibility to stand firmly for freedom of speech.

In coming months, Secretary McMahon and Governor Braun will seek your compliance in enforcing their vaguely defined prohibitions against “antisemitic harassment and discrimination” from “radical organizations and individuals.” The lessons of last year’s overreaction to the protests on Dunn Meadow, withdrawal of Samia Halaby’s Eskenazi Museum retrospective, suspension of Prof. Abulkader Sinno, and imposition of an overbroad expressive activity policy are clear: censoring legal expression—even in the name of bringing us together—only tears us apart.

The letter concluded,

These are fraught times for universities and other American institutions asserting their commitments to the protection of the First Amendment. Still, we recall the words of Hillel: “If I am not for me, who will be for me? And when I am for myself alone, what am I?” This university’s best means to protect the well-being of all of its students will be to affirm its commitment to civil liberties and to protect its academic programs from political interference. We count on you to do so.

Although it remains to be seen, it is unlikely that President Whitten–a politically-connected appointee who has thus far survived several faculty votes of no confidence, and whose response to previous student protests has ranged from unsatisfactory to appalling–will defend civil liberties against the assaults by Trump and Braun. But those who signed the letter, and the many others of us who endorse its sentiments, have made it clear that they do not consent to be cynically used by the blatant hypocrisy of Rightwing partisans who have a long history of actual anti-Semitism. We recognize this ploy as an obvious and thinly-veiled smokescreen for their consistent assaults on basic American civil liberties.

We know our history, and its lessons.

And if there is one lesson Jews all over the world have learned the hard way, it is that–like all marginalized minorities–we can only thrive in an open society that respects the civil liberties and free speech rights of all citizens, whether we agree with them or not.

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How Resistance Succeeds

The number of protests has been skyrocketing nationally. Does it matter?

I described the massive turnouts at Town Halls in Indianapolis last week to my youngest son; he responded “for all the good it will do,” dismissing the effectiveness of such events. But there is scholarship showing that non-violent protests by a sufficient percentage of the population have succeeded in overcoming autocracies elsewhere.

And what is a “sufficient percentage”? Three and a half percent of the population!

If turnout at the past week’s nationwide town halls is any indication, reaching three-and-a-half percent should be very do-able. According to Google, there were 340 million Americans as of 2024. Three and a half percent would mean that we need to turn out 11 million 900 thousand nonviolent protestors.

The pre-eminent researcher in the field of protest efficacy is Erica Chenoweth of Harvard, who co-authored the book, “Why Civil Resistance Works: The Strategic Logic of Nonviolent Conflict.” In the linked interview, she explained why civil resistance campaigns that are non-violent attract many more people than violent insurrections like the horrifying one we saw on January 6th (as she notes, it’s in part it’s because there’s a much lower barrier to participation compared with picking up a weapon). It isn’t sheer numbers, of course–she explains the other factors that were necessary to successful resistances in the countries she’s studied.

There are four of them:

The first is a large and diverse participation that’s sustained.

The second thing is that [the movement] needs to elicit loyalty shifts among security forces in particular, but also other elites. Security forces are important because they ultimately are the agents of repression, and their actions largely decide how violent the confrontation with — and reaction to — the nonviolent campaign is going to be in the end. But there are other security elites, economic and business elites, state media. There are lots of different pillars that support the status quo, and if they can be disrupted or coerced into noncooperation, then that’s a decisive factor.

The third thing is that the campaigns need to be able to have more than just protests; there needs to be a lot of variation in the methods they use.

The fourth thing is that when campaigns are repressed — which is basically inevitable for those calling for major changes — they don’t either descend into chaos or opt for using violence themselves. If campaigns allow their repression to throw the movement into total disarray or they use it as a pretext to militarize their campaign, then they’re essentially co-signing what the regime wants — for the resisters to play on its own playing field. And they’re probably going to get totally crushed.

As she notes–and as the emerging American resistance has found– protesting can take many forms other than street demonstrations.

People have done things like bang pots and pans or go on electricity strikes or something otherwise disruptive that imposes costs on the regime even while people aren’t outside. Staying inside for an extended period equates to a general strike. Even limited strikes are very effective. There were limited and general strikes in Tunisia and Egypt during their uprisings and they were critical.

Chenoweth cautions that preparation for most of these methods is essential, noting that successful strikes or other methods of economic noncooperation have often been preceded by months of stockpiling food, coming up with strike funds, or finding other ways to engage  community mutual aid while the strike is underway. Here in the U.S., organizations like Indivisible have demonstrated that capacity for planning and organization, and together with other grassroots organization, they’ve proven their ability to turn out large numbers of citizens.

What is so encouraging about Chenoweth’s findings is that “large numbers” does not equate to “large percentages.” As she says,

a surprisingly small proportion of the population guarantees a successful campaign: just 3.5 percent. That sounds like a really small number, but in absolute terms it’s really an impressive number of people. In the U.S., it would be around 11.5 million people today. Could you imagine if 11.5 million people — that’s about three times the size of the 2017 Women’s March — were doing something like mass noncooperation in a sustained way for nine to 18 months? Things would be totally different in this country.

April 5th should provide us with an initial indication of whether engaging that percentage will be possible. On April 5th, Indivisible and several allied organizations are mounting a nation-wide Day of Action, telling this lawless administration “Hands off our healthcare, our social security, our democracy!” Here in Indianapolis, it will take place at the Statehouse, from noon to 4:00.

I plan to be there, and hope to see many of my local readers.

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What The Fire Hose Obscures…

Perhaps the most disconcerting aspect of what has aptly been called the “firehose” of unconstitutional, illegal and profoundly stupid actions being taken by Trump and DOGE is the public’s corresponding inability to understand it all–to keep track of the assaults on the multiple responsibilities of government, and to recognize the immensity of the harms being done.

It’s all too easy to focus on the pettiness and bigotries–the erasures of the contributions of Blacks and women from official websites, the withdrawal of Secret Service protections from those on Trump’s extensive “enemies” list, the threats to law firms that represent people on that list…etc. etc. But while we are appalled by the lack of backbone being demonstrated by many of those targets (and all of the Republicans in Congress), we are missing less reported actions that are wreaking incalculable harms.

Last Sunday, the New York Times reported on one of those actions.

In a climate-controlled bunker in an unremarkable building in rural Aberdeen, Idaho, there are shelves upon shelves of meticulously labeled boxes of seed. This vault is home to many of the United States’ more than 62,000 genetically unique lines of wheat, collected over the past 127 years from around the world.

Though dormant, these seeds are alive. But unless they are continually cared for and periodically replanted, the lines will die, along with the millenniums of evolutionary history that they embody.

Since its establishment in 1898, the United States Department of Agriculture’s National Plant Germplasm System and the scientists who support it have systematically gathered and maintained the agricultural plant species that undergird our food system in vast collections such as the one in Aberdeen. The collections represent a towering achievement of foresight that food security depends on the availability of diverse plant genetic resources.

In mid-February, Trump administration officials at what has been labeled the Department of Government Efficiency fired some of the highly trained people who do this work. A court order has reinstated them, but it’s unclear when they will be allowed to resume their work. In the meantime, uncertainty around additional staffing and budget cuts, as well as the future of the collections themselves, reigns.

As the article notes, America’s food system relies on our ability to respond to the next plant disease or other emergent threat, and this little-known agency is essential to our preparedness. Across 22 stations maintained nationwide, 300 scientists maintain more than 600,000 genetic lines of more than 200 crop species.

The collections of some crops, like wheat, are in the form of seeds. But others, like apples (2,664 lines), must be maintained as living plants in the open field. The scientists who care for them must follow strict requirements for sustaining genetic purity so they can provide healthy viable seeds or plants to the tens of thousands of researchers and others who request them each year.

The article compares this activity to a survivalist cache. It represents a safeguard against all future challenges to growing the food we need. (You’d think a man with 13 children might care about the future of those children, if not the rest of the human race, but apparently not.)

Moving fast and breaking things may work in some sectors. But the disruptions underway threaten irreversible losses of crop genetic diversity. Such losses directly undermine the United States’ ability to ensure continued food security and dietary diversity amid challenges to our agricultural systems.

The word “irreversible” is chilling–and therein lies the challenge we face.

It isn’t just the fact that Americans have installed a collection of clowns and buffoons–in both the Oval Office and Congress– who lack any ability to govern, or even understand the purpose of government.  It isn’t their ham-handed efforts to erase evidence of diversity–much of which will be countered by  Internet sources. It isn’t even the mean-spiritedness of their attacks on disfavored “Others” (as one participant at a Town Hall put it, “what kind of people are only happy when they are hurting someone else?”). It’s the immense and irreversible damage that is being done, and the fact that the assaults are so widespread that we can’t keep track of them.

We can recover from the economic damage being done, although not without considerable pain as prices increase, tourism vanishes, and working Americans have fewer jobs and less disposable income. We will mourn the unnecessary deaths from vaccine misinformation, termination of medical research and drastic cuts to Medicaid, but the nation will survive those losses.

It’s the irreversible damage being done–to our international alliances, to food safety, to America’s promise of liberty and civi equality, and to who knows what else–that will forever mark this horrible juncture in our national story.

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