Sheila – Sheila Kennedy

And Then There’s The Court…

Equal Justice Under Law. That motto is both aspirational and descriptive; in four words, it summarizes the whole point of the rule of law–the founding premise of America’s Constitution and Bill of Rights. Well-paid lobbyists may influence legislation to give Group A an advantage over Group B, elected officials may listen more carefully to people who wrote big checks to their campaigns, but citizens are supposed to be able to appeal for justice to the nation’s courts, and those courts are supposed to administer equal justice under the law.

Granted, it has never worked that seamlessly. Judges are human, with human biases and foibles. Laws are often opaque. Access to the nation’s courts requires resources–either substantial funds or representation by one of the country’s public interest law firms, like the ACLU or Lambda Legal. But for a long time, America’s courts–especially its federal courts–have been there to redress inequality and corruption and instances of fundamental unfairness.

Now, thanks in large part to Mitch McConnell and Donald Trump, the Supreme Court itself has been corrupted. Any doubts on that score were laid to rest during the Court’s eye-opening and frequently chilling hearing on Trump’s ridiculous “immunity” claims. Those claims had been summarily and properly dismissed by the lower courts, and I fully expected the Supreme Court to follow suit. After all, the Court’s unnecessary delay in addressing the claim had given Trump what most observers knew he really wanted: a delay. The appeal was a transparent effort to postpone Jack Smith’s case until after the election, and most of us who were following the case expected the Court–having given him that delay– would rule on the merits by affirming that no one is above the law.

I will leave further discussion and analysis of that oral argument to the multitude of observers who found it appalling, because I want to address other aspects of the high court’s corruption that are relevant to the widespread loss of respect for that body and to the growing calls to expand its membership.

Over the past few years, Americans have learned about the truly gob-smacking conflicts of interest, money-grubbing and pious dishonesty of Clarence Thomas and Samuel Alito. The head of the Alliance for Justice pulled no punches:

Today, our republic is buckling under the weight of those misdeeds, as Americans no longer trust their Supreme Court to be a citadel of democracy and justice. Quite the opposite — they have come to expect the worst from our pay-for-performance judiciary. Are we really going to stand idly by and do nothing about this corruption?”

A recent article from The Intercept pointed to a lesser-known but no less troubling influence of money on the Court. The article focused on a case challenging two states’ efforts to limit social media moderation of user-posted content (which Texas Attorney General Ken Paxton equated to “censorship) then turned to the broader issue of influence.

After the Supreme Court wraps up arguments for the current term next week, it will turn to finalizing decisions in dozens of pending matters, including these social media cases plus high-stakes cases about abortion, guns, the limits of presidential immunity, and how the federal regulatory apparatus itself functions. In doing so, the justices will have a chance to review hundreds of amicus briefs.

Like the money spent on elections, the money spent on the deluge of amicus briefs each term is incredibly difficult to track. The Supreme Court’s disclosure rule for amicus briefs is quite narrow, requiring only a footnote that indicates whether there were any outside monetary contributions “intended to fund the preparation or submission” of that specific brief.

The article quoted Sarah Lipton-Lubet, president of Take Back the Court,

“It’s no secret that the many of the rich benefactors cozying up to the conservative justices are the same people who fund right-wing organizations with business before the court. But too often, stories about the Supreme Court don’t connect these dots — and as a result, they leave us with an incomplete picture.”

A reform bill authored by Senator Sheldon Whitehouse–described in the Intercept article– would be a good first step, but it is past time to consider enlarging the Court and imposing 18-year term limits on Justices, among other measures that are being considered. (When lifetime tenure was established, people didn’t live as long as they do today. Eighteen years is sufficient to accomplish the goal of lifetime terms, which was to insulate the Justices from political pressure.)

The Court has never been the unblemished guardian of liberty that we like to think, but its current, shameful partisanship and outright corruption are a new low. It’s time for a change.

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In Indiana, There’s a Reason For Low Turnout

Indiana’s Civic Health is poor. A number of studies and media reports confirm that–among other “civic deficits,” Hoosier election turnout is among the lowest of any of the states. As the linked article notes,

Indiana ranks among the lowest states in the country in civic participation. Groups from across the state met at the Indiana Civics Summit this week and hope to work together to boost civic engagement and increase voter turnout.

Much of the discussion at the summit was framed around the results of this year’s 2023 Indiana Civic Health Index. The report measures civic health by analyzing data about voting and voter registration, social and community connectedness, and civic awareness and action.

Indiana ranks close to last in the country in several categories measured by the report, especially those related to voting. Bill Moreau of the Indiana Citizen Education Foundation said these data points are a big problem.

“The civic health of Indiana is really pretty poor. Let’s just say it,” he said.

Moreau added that the report most recently listed Indiana as one of the states with the lowest voter turnout during midterm election years. The report compared Indiana to the other 49 states and the District of Columbia.

“This report, which is based upon 2022 election returns, has us ranked 50th for turnout,” Moreau said. “But we’re not last. Thank goodness for West Virginia, or we would be.”

Count me among the voices that have routinely echoed into the wilderness of civic indifference, begging students and readers to “do their duty” and cast their votes. But deep down, I’ve understood the truth of what the editor of the Indiana Capital Chronicle recently wrote–the reason so many Hoosiers don’t bother to go to the polls is because their votes really don’t count.

I’ve previously posted about an unsettling exchange some years back with a graduate student in my Law and Policy class. He was one of my best students, and he’d displayed a civic temperament and real interest in policy. I’d been exhorting students in the class to vote in an upcoming election, and he raised his hand. When I called on him, he explained that he’d recently moved to a bedroom community, had gone online to check his polling place, then looked at the ballot. There were zero competitive races–he’d confronted a Soviet-like ballot showing a single candidate for each position. He asked “Professor, why should I bother to vote?”

I had no answer.

As Oseye Boyd wrote in the Capital Chronicle,

The cold, hard truth is sometimes your vote doesn’t matter — or that’s how it feels.

It’s not just voter suppression efforts such as gerrymandering where cracking and packing diminish voices and feed apathy, but it’s also gatekeeping by political parties that creates few choices, making it harder for voters to see why they should care.

Boyd referenced–among other elements of Hoosier undemocratic processes–“the change in state law that raises the bar to prove party affiliation has made it more difficult for newcomers such as Graves to break into politics and challenge the incumbent.”

Before 2022, you only had to vote in one recent primary to prove your party affiliation. Now, a potential candidates’ two most recent primary votes have to match the party they wish to represent. If you don’t meet this requirement, county party chairs can allow you to run by issuing a waiver. “Can” being the operative word. Without clear guidelines on waiver issuance, the decision is left to the whims of party chairs in each county, creating a hodgepodge of reasons for approving or denying waivers….

Now, only five of the 23 Marion County legislative races in the upcoming primary are competitive. That’s it. Five. The incumbents in the other 18 districts will win no matter what. Let’s be real, races without competition are boring and uninspiring. Candidates bring out their A game when there’s competition. Our political system should encourage public service not discourage it by creating arbitrary obstacles…

We can’t keep chastising those who don’t vote without acknowledging there’s a system that seems to only want a few people participating.

Don’t believe me? Look at the number of people who voted in Marion County’s last two primaries; it’s quite sad. In 2023, 12.74% or 79,156 people out of 621,384 registered voters cast a ballot. In 2022, 10.78% or 73,086 people voted in that primary. The number of registered voters was 678,067.

It’s impossible to dispute her contention that the way to get more people to vote is to give them something to vote for.

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The Direction Of The Wind…

It is certainly possible that I am engaging in the confirmation bias I constantly warn others about, but I recently read an essay recommended by Robert Hubbell, whose Substack newsletter I get, and I found it persuasive. It was titled “The Wind Has Changed,” and–assuming the accuracy of its observations–ought to give aid and comfort to citizens terrified of MAGA victories this November.

Here are a few of those observations, written just after the House agreed to vote on the much-delayed assistance to Ukraine. The essay charted changes that–as Hubbell often cautions–should make us hopeful but not complacent.

The MAGA movement got splintered last night, and I for one don’t think they have the skill to put Humpty-Dumpty together again. (How’s that for mixed metaphors? Good?)

For one thing, J.D. Vance, Moscow Marge, and the rest of the Space Laser Putin Caucus, got thrown under the bus by Fearless Leader last night – who may not be able to do much, but he can read polls. He knows the wind has shifted, that the wind is filling the sails and we are beginning to move out of The Doldrums. He knows he’s losing control.

After last night, Ukraine aid will pass. Mike Johnson and Mitch McConnell braved the FART (Floor Action Response Team) of the Space Laser Putin Caucus and Did The Right Thing.

Trump gave Mike Johnson and Mitch McConnell the green light, while at the same time casting J.D. Vance, Marjorie Taylor-Greene, and the rest of the Russia Traitors over the side.

The essential line of Trump’s “Truthing” post last night is this: “As everyone agrees, Ukraine Survival and Strength should be much more important to Europe than to us, but it is also important to us!”

He’s not doing this because he cares about Ukraine; he’s doing this because the polls are shifting; he needs fewer hassles. The wind is changing.

As the essay notes, Trumpism – “particularly its J.D. Vance-led German-American Bund Putinism” – is pessimistic. Trump and what the writer aptly dubs the “Space Laser Caucus” constantly tell supporters “We need to retreat, withdraw, hide, and let regional warlords like Putin reign over as much territory as they can seize.”

But constant pessimism has a sell-by date.

MAGA broke something in the House. Retirements are up. Swing seats are in danger. The endless infighting has soured many “normie” Republicans on the Space Laser Caucus and their strategy of screaming, throwing feces like a rabid monkey in a zoo, and all the performative lying. Even in the right-wing media bubble, the act has gotten old.

Fox has had enough of Marjorie Traitor Goon’s tantrums, her unearned sense of entitlement, and her political terrorism.

The perverse incentives of MAGA rewarded the Space Laser Caucus while leaving the rest – or at least those not representing the most ruby-red districts – fearing electoral survival this fall.

It turns out that shitting in the punchbowl is unwelcome over time. The tell is that Fox has slowly stopped booking the MAGA clowns while Rupert and Lachlan try to find and anoint the Next Star after their major fakakte with DeSantis.

The author points to the likely defeats of crazy caucus members Gaetz and Boebert, and asserts that the House GOP is staring down the barrel of a political gun.

Happy warriors like Jamie Raskin, Jared Moskowitz, Eric Swalwell, Jasmine Crockett and others know who is in charge in the House now.

Chuck Schumer managed to keep his caucus together, pulling in some GOP support, as the Senate schooled the Space Laser Caucus about their impeachment clown show of the House. No high drama; just procedural murder

What has been going on at 100 Centre Street in New York City, where Trump is finally facing the prospect of justice for his crimes in a case that now is seen as far more important than it was originally, is also a good sign the tide and wind are changing.

Here in Indiana, the disarray of the GOP is seen daily by those of us bombarded by the increasingly nasty, unhinged accusations being leveled by Republicans running for Governor. Anyone who thinks that these candidates will smile and play nice after the primary is smoking something. Meanwhile, Senate candidate Jim Banks may no longer have a primary opponent, but his membership in the Space Laser Caucus and his constant support of unpopular bills–ranging from a national ban on abortion with no exceptions to his recent bill to defund NPR–suggest that he is far, far to the Right of most Hoosier Republicans. In contrast, for once, Indiana Democrats are working together and fielding a first-rate statewide ticket.

Even in Indiana, the wind is shifting.

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Forget The Dog Whistles

This political season, the racism is blatant and unembarrassed. For those of us who had naively thought America was emerging from that particular form of mental illness, the willingness to appeal for votes on the basis of bias–the number of MAGA political commercials identifying the candidate as an “out and proud” bigot–has been astounding.

And heartbreaking.

Here in Indiana, gubernatorial candidates have accused each other of–gasp!–sympathy for Black Lives Matter, which they insist has called for the killing of police. That accusation has been repeatedly debunked–but interestingly, none of the rebuttal ads have defended the organization. Mike Braun, who has been the target of most of those accusations has responded with ads highlighting his support from law enforcement organizations–not by defending the organization against a nasty and purposeful lie. The linked article from the BBC traces the origin of that lie to (where else?) Fox News, and reports on the response from Black Lives Matter:

“We’re targeting the brutal system of policing, not individual police,” the statement reads. “We seek a world in which ALL Black lives matter, and racial hierarchy no longer organizes our lives or yours. This is a vision of love. As Black survivors of White supremacy, our hearts go out to all victims of violence.”

Attacks on Black Lives Matter are, rather obviously, thinly-veiled efforts to paint all Black folks as murderous beasts–and a message to bigoted voters that the candidate making the accusation is one of them. But it isn’t simply the sudden willingness of MAGA candidates to shed any pretense of civility and/or anti-racism. It’s also the creepy identities of those providing the candidates with funds and other support.

Turning Point USA has been in the news several times; it is a far Right advocacy organization that has most recently been identified as a major supporter of Bernie Moreno, the MAGA nominee for U.S. Senate in Ohio.

Moreno wrote that he was “honored to be endorsed by Charlie Kirk and Turning Point Action.” Moreno said that “[f]ew have done more to fight back against the radical left than they have,” and he looks “forward to working with them to defend for our America First conservative values in the US Senate.”

In 2023, Kirk repeatedly featured Moreno as a guest on his popular podcast and consistently promoted Moreno’s candidacy to his 2.9 million followers on X. At the end of 2023, Kirk donated the maximum legal amount of $5,000 to Moreno’s campaign through the Turning Point PAC.

At the same time, Kirk, known for his embrace of fringe views and conspiracy theories, launched a sustained attack on Martin Luther King Jr.’s life and legacy. At a December 2023 convention hosted by Turning Point USA, Kirk said that King “was awful” and “not a good person.” Kirk’s critique extended not just to King himself but to the civil rights movement itself. “We made a huge mistake when we passed the Civil Rights Act in the 1960s,” Kirk declared, trashing the legislation that outlawed segregation in public places and many businesses.

In his convention speech, Kirk blasted the Civil Rights Act of 1964 as an effort to “re-found the county” and “get rid of the First Amendment.” He criticized courts for enforcing the law, which prohibits discrimination on the basis of race, color, religion, sex, or national origin. “Federal courts just yield to the Civil Rights Act as if it’s the actual American Constitution,” Kirk complained.

The article continue with a description of Kirk’s continued and highly publicized crusade against King, against the MLK holiday, and against the 1964 Civil Rights Act. And this is the man and organization from which Moreno “proudly” accepted endorsement.

Turning Point’s crusade against King and the civil rights movement did not appear to impact his relationship with Moreno. On March 14, 2024, Turning Point Action donated $100,000 to the Buckeye Values PAC, Moreno’s Super PAC.

Nor is there any remaining question of Moreno’s own racial opinions:

Moreno himself has also had controversies involving racial issues. When he launched his campaign for Senate, Moreno floated the idea of reparations for white descendants of Union soldiers that were killed during the Civil War. “They talk about reparations. Where are the reparations for the people, for the North, who died to save the lives of Black people?” Moreno said. “I know it’s not politically correct to say that, but you know what, we’ve got to stop being politically correct.”

Bottom line: Every voter casting a ballot for a MAGA Republican this year is either explicitly endorsing racism or indicating that the voter does not consider the “out and proud” racism of the MAGA movement to be disqualifying.

They’re no longer hiding behind dog whistles.

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Don’t Confuse Me With Facts!!

During a recent get-together, discussion turned to a predictable topic: what on earth explains support for Donald Trump? How can (presumably rational) citizens look at this obviously mentally-ill buffoon spouting bizarre word-salads and facing 92 indictments, and come away thinking “Yep, that’s the guy I want to put in charge of the nuclear codes”?

A recent essay on a seemingly unrelated issue may point to at least a partial answer.

In an article about recent efforts to revitalize local news media, Doron Taussig of the Columbia Journalism Review reported that Republicans are as mistrusting of local news outlets as they are of national media outlets.

She began by citing arguments from proponents of local news asserting that– while national media sources are increasingly seen as partisan– local news enjoys widespread trust. “After all, what do high school sports and Girl Scouts building a sensory garden for shelter dogs have to do with Joe Biden and Donald Trump?”

The data doesn’t support that argument.

But if money and energy are going to be poured into local news with the assumption that local journalists are and will remain trusted across partisan lines, we’re going to be in for an unpleasant surprise. Yes, polling shows that local news is more trusted across the political spectrum than national news, but only 29 percent of Republicans surveyed by Gallup in 2021 said they trusted their local news, down from 34 percent in 2019. This is consistent with what I’ve heard from journalists who work for local outlets (mostly but not exclusively in Pennsylvania) and conservatives who read or have stopped reading them. In fact, the striking thing when you examine the relationship between local news and conservative audiences is that, in spite of all the differences between the Bucks County Courier Times and the New York Times, their alienation from conservatives sounds dishearteningly similar.

It would seem that MAGA Republicans have adopted Earl Landgrebe’s infamous position, uttered during the Watergate hearings: “Don’t confuse me with the facts, my mind’s made up.” He went on to say “I’m going to stick with my President even if he and I have to be taken out of this building and shot.” (The next day, Nixon resigned.) (Landgrebe was, sadly, a product of Indiana, a state that’s been described as so Red, voters will elect a rutabaga if it has an “R” next to its name.)

Clearly, in order to continue supporting Donald Trump, it’s prudent to shield oneself from information, facts, and reality.

That allergy to inconvenient information, however, has multiple negative consequences–and those consequences aren’t limited to ongoing support for a lunatic would-be autocrat. People who refuse to engage with probative information are ripe targets for propaganda, as Heather Cox Richardson recently reported.

Richardson cited a Washington Post article on a secret 2023 document from Russia’s Foreign Ministry calling for an “offensive information campaign” and other measures that attack “‘a coalition of unfriendly countries’ led by the United States.”

Those measures are designed to affect “the military-political, economic and trade and informational psychological spheres” of Russia’s perceived adversaries.

The plan is to weaken the United States and convince other countries, particularly those in the North Atlantic Treaty Organization, that the U.S. will not stand by its allies. By weakening those alliances, Russian leaders hope to shift global power by strengthening Russia’s ties to China, Iran, and North Korea and filling the vacuum left by the crumbling democratic alliances (although it is not at all clear that China is on board with this plan).

Russian propaganda aims to bolster the most isolationist right-wing and extremist forces in America, “to increase tensions between the U.S. and China over Taiwan,” and “escalate the situation in the Middle East around Israel, Iran and Syria to distract the U.S. with the problems of this region.”

That effort has been particularly successful with the looney-tunes GOP flank elected to the House thanks to gerrymandering. As Richardson reports:

Earlier this month, both Representative Michael R. Turner (R-OH), chair of the House Intelligence Committee, and Representative Michael McCaul (R-TX), chair of the House Foreign Affairs Committee, warned about Russian disinformation in their party. Turner told CNN’s State of the Union that it is “absolutely true” that Republican members of Congress are parroting Russian propaganda. “We see directly coming from Russia attempts to mask communications that are anti-Ukraine and pro-Russia messages, some of which we even hear being uttered on the House floor.” When asked which Republicans had fallen to Russian propaganda, McCaul answered that it is “obvious.”

What it takes to support Trump, echo his “Big Lie,” and parrot Russian propaganda is chosen ignorance–a rejection of all contrary information by folks who don’t want to be confused by the facts.

There are a lot of them.

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