Sheila – Page 119 – Sheila Kennedy

Suppressing Hoosier Votes

The World’s Worst Legislature is coming to the end of this session, and we are beginning to see just how much damage it has inflicted and on whom.

Governor Holcomb has already signed the bill he described as “clear as mud,” depriving trans children of critically-important medical care. (That the measure was harmful and mean-spirited was clear.)

House bills still in the works will further enrich private (overwhelmingly religious) schools at the expense of the public schools that educate some 90% of Indiana children, although the Senate appears to have reconsidered.

And the Republicans who owe their seats to gerrymandering are passing measures to further suppress the vote.

According to the Cost of Voting study conducted by Northern Illinois University in 2020 Indiana’s restrictive voting laws make casting a ballot in the Hoosier state more difficult than most others. Our ranking was 41st in 2020 and if House Bill 1334 passes, it adds hurdles that are sure to get worse.

Sponsored by Rep. Tim Wesco, R-Osceola, the bill puts additional restrictions on voting by mail in Indiana, even though we already have laws in place that strictly limit access to a mail-in ballot.

The legislation’s worst section has been billed as an attempt to bring consistency to our voting laws by putting the same voter ID requirements in place for absentee-by-mail voting as those for in-person voting. In reality, this legislation is yet another attempt by the Republican supermajority to put additional hurdles in place before voters can access their ballot.

House Bill 1334 would require anyone using a paper form to apply to vote absentee by mail to include a copy of their Indiana driver’s license or include their voter identification number, which the form will suggest is the last four digits of the voter’s social security number.

That’s the first new hurdle that voters will have to scale because many of us don’t know what voter ID number is on file for us and it’s not always the last four digits of our social. This is particularly true for voters who have been registered at the same address for many years. That’s because Indiana didn’t start requiring voter registration applicants to provide any ID number until the early 2000s, when the statewide voter file was created and hundreds of thousands of voters were assigned a random voter ID number.

The author of the article goes on to explain that she is one of those “hundreds of thousands.” She’s been registered at the same address for over 20 years, but has no idea what her “randomly assigned number” might be. Under the just-passed bill, in order to complete all the information that will now be required on an application for an absentee ballot, she would need to contact the Marion County Election Board and get that information from them, inserting another step into the process.

Because I’m hyper-familiar with Indiana voting laws, I’ll know to make that call but most voters won’t have a clue. Instead, they will write down a number that may not match what’s on file for them, and their absentee ballot application will be rejected. the legislation even anticipates that this problem is going to happen, because it requires a process be in place to “cure” defective applications.

The “cure” requires county voting officials to call the voter, explain the issue, and offer them the necessary information. But as the article accurately notes,

It’s important to remember that because our state puts limits on who can vote by mail, most Hoosiers who cast a mail-in ballot are elderly or disabled. They are least able to jump over new hurdles like providing a copy of a driver’s license or playing guess my Voter ID number with county officials.

That, of course, is the point.

Our Hoosier “Vote Suppression Is Us”legislature isn’t taking any chances. One of the least-understood consequences of gerrymandering is vote suppression– voters who live in districts that are considered “safe” for the party they don’t support are far less likely to cast a ballot. (If they all did, some of those districts wouldn’t be safe.) But just in case grandpa can’t get to the polls in his wheelchair but has the nerve to want to cast a ballot anyway, this legislation will make it much less likely that he will be able do so.

As usual, legislators piously claim that suppression efforts, like Voter ID, are meant to reduce “voter fraud”–a claim that is demonstrably bull****. All credible evidence–including repeated academic studies–confirms that voter fraud is vanishingly rare.

Members of Indiana’s super-majority are simply intent upon retaining the ability to choose their voters, rather than acquiescing to a basic premise of democracy– the right of voters to choose their representatives.

They’re shameless.

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Tennessee, Clarence Thomas And The Corruption Of American Democracy

Question: What do Clarence Thomas and the Republican legislators in Tennessee have in common? Answer: They both epitomize the corruption of American democracy–a corruption that has led to a precipitous decline in public confidence in America’s governing institutions.

Several media outlets have reported on recent polling from Gallup that shows trust in the judicial branch at record lows. Only 47 percent of Americans have “a great deal” or “a fair amount” of trust in the federal judiciary– a drop of 20 percentage points from two years earlier. When asked about the Supreme Court, it was worse: 58 percent disapproved of the high court’s performance.

Those numbers are unlikely to improve following the most recent disclosures about Justice Thomas and his “dear friend” Harlan Crowe. The initial revelations about Thomas’ acceptance of luxurious trips were stunning enough, but the Justice’s argument that he hadn’t needed to report them since they were just “hospitality”–while unconvincing–left him some rhetorical wiggle-room.

The latest revelations don’t.

This time, Thomas directly received money from Crow — perhaps in excess of the market value of the Chatham County, Ga., properties that Crow purchased from Thomas and his kin. This is no longer about receiving “personal hospitality.” It’s about a financial transaction between Thomas and a GOP donor who has also subsidized his vacations.

There is no doubt that the sale of personal real estate to Crow should have been reported on the justice’s financial disclosure form for 2014, and there is no excuse for failing to do so. The most logical explanation is that Thomas, whose relationship with Crow had already been the subject of unflattering news reports, wanted to keep it from public view.

The linked article also notes that Thomas has failed to report his wife’s considerable income from Rightwing organizations–although the law clearly requires that income to be reported.

Inescapable bottom line: Clarence Thomas is corrupt, and his judicial decisions are compromised.

Then there is the emerging information about the Tennessee legislature–information that probably would not have been uncovered or widely disseminated had that body not over-reacted to a breach of House decorum by expelling two young Black Democrats.

Democracy Docket has taken a deeper dive into that gerrymandered legislature’s disdain for representative democracy. Tennessee, like Indiana, has a Republican super-majority–courtesy of gerrymandering–that routinely acts to disempower state Democrats.

Some examples:

Tennessee’s Democratic cities have come under a coordinated attack from lawmakers. In March, Gov. Bill Lee (R) signed a law that forces the Nashville Metro Council to reduce its membership by half. Two lawsuits were filed challenging the law and on April 10, a Tennessee court temporarily blocked portions of the law while litigation continues.

After the expulsion of Pearson, GOP legislators threatened to withdraw funding from important projects in Memphis’ Shelby County if Pearson was reappointed.

In the latest round of redistricting, the Legislature divided Davidson County, home to Nashville, into three separate districts, dismantling the city’s Democratic-held seat. The lawmakers also approved state legislative districts that entrenched Republican supermajorities in both chambers of the Legislature. (Notably, the recent expulsions were only possible because of GOP supermajority control.)

Tennessee denies voting rights to over 470,000 citizens with one of the strictest (and most complicated) felony disenfranchisement laws in the United States. The state disenfranchises 21% of its Black voting-age population, the highest percentage in the country.

Tennessee has restrictive voting laws, leading to a low democracy tally by the Movement Advancement Project. Instead of improving voting access, the Legislature’s priorities have included laws requiring state and local officials to consult with the legislative leadership before changing certain state election laws and prohibiting election offices from accepting any private grant for election administration.

And we wonder why Americans no longer trust our political institutions…why so many of us have moved from skepticism to cynicism.

Political trust is generally described as citizens’ confidence in their political institutions. As political scientists repeatedly warn, that trust is an important component and indicator of political legitimacy; its erosion is not something to be taken lightly.

As I used to tell my students, an enormous number of American laws depend upon voluntary compliance by citizens–everything from filing taxes to obeying traffic signals. The ability of the authorities to catch and punish scofflaws depends upon the fact that the rule-breakers are relatively few. When citizens no longer trust that those in power are following the rules, rising numbers of them will feel justified in breaking those rules as well.

And it’s all inter-related

A properly functioning Supreme Court would have outlawed the rampant gerrymandering that produced Tennessee’s –and other state’s–rogue legislature.

As NASA might put it: Houston, we have a problem.

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What Was Down Is Up (And Vice-Versa)

Too often, reading the news makes me ill.

One recent example: Texas Gov. Greg Abbott says he’ll pardon a White man who a jury had found guilty of murdering a Black Lives Matter protester–an announcement he made one day after the verdict and before sentencing.

No dog whistle there…

In 2016, I reluctantly concluded that the actions (and votes) of a significant minority of Americans could only be explained by racism. I’ve had no reason to modify that conclusion since.

We live in a time of unprecedented political polarization; it has brought reasonable policymaking to a halt and transformed the Republican Party into a cult harboring White Christian Nationalists, QAnon adherents and a variety of disordered individuals nursing assorted grievances.

As a result, Republican party leaders have a problem. To keep the malcontents who dominate their base happy, it becomes necessary to feed the beast they’ve created by framing everything as “us versus them.” And in order to do that, the GOP has had to abandon virtually everything the GOP once stood for and reverse previous policy positions, no matter how awkward the result..

Remember when Republicans criticized the FDA for being too slow and risk-averse when it came to authorizing new vaccines?

So it’s sad or funny — or both — that Operation Warp Speed has already emerged as a vulnerability for Trump in the 2024 presidential campaign, with Republican Gov. Ron DeSantis of Florida moving to distinguish himself from Trump as a vaccine skeptic. And Trump, rather than touting his achievement, has been reduced to accusing DeSantis of only pretending to be anti-vaccine, noting (accurately) that DeSantis was enthusiastic about vaccinations when the program was first underway.

Watching Republicans compete to distance themselves from a major GOP policy success would be amusing if it weren’t so depressing.

Want depressing?

The party of free trade enthusiastically endorsed Trump’s damaging tariffs on China.
The party that opposed government intrusion into corporate boardrooms has reacted ferociously–and legislatively–to corporations considering diversity and inclusion.
The party of limited government and”individual liberty” has become highly selective about the individual liberties citizens are entitled to. Want to infect your neighbors and go mask-less? Fine. Want to control your own reproduction? Not so fast.
For the past several years, the party of fiscal responsibility has used the once-uncontroversial raising of the debt ceiling to blackmail Democratic administrations–threatening a default that would plunge the world into financial chaos by refusing to pay existing financial obligations for which many Republicans had voted.
The party that once opposed totalitarianism and autocracy and supported a strong and unified foreign policy now cozies up to Vladimir Putin and invites Victor Orban to speak at its events.
The party that trumpeted “law and order” now defends the “patriots” that participated in the January 6th insurrection–and continues to support the ex-President who fomented that violence.

This list could go on and on. It’s instructive to read the party’s 1956 platform, to see just how dramatically today’s GOP differs from its former iteration. (For one thing, the party used to produce a platform…)

We are unlikely to be facing a “hot” civil war, although we are seeing increased domestic terrorism from the far Right, but the transformation of one of America’s two major parties into a White Christian Nationalist cult is enormously consequential. That transformation deprives reasonable Americans who differ on policy a mechanism for working out those differences, leaving genuine conservatives nowhere to go.

Indeed, few of the current GOP “stars” seem capable of discussing policies at all–what thoughtful analyses have we heard from the likes of Jim Jordan or Marjorie Taylor Greene?

Worse, the willingness of party members to publicly embrace racist, anti-Semitic and homophobic tropes encourages those who harbor those hatreds to express and act on them.

Perhaps the most frustrating aspect of this situation is the fact that today’s GOP is a distinctly minority party. Today’s Republicans depend for their power on elements of American governance that have become obsolete and undemocratic. Gerrymandering, the Electoral College and the Filibuster distort and obstruct government at both the state and federal levels; the composition of the Supreme Court facilitated its capture by political ideologues.

For the record, I believe that majority opinion will ultimately prevail. Demographics and culture change are inexorable. (For that matter, it’s recognition of those changes–and the fears they engender– that has triggered the GOP’s war on people of color, women, trans children–those who are in any way “other.”)

The question is: how much damage will we sustain in the interim?

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Let’s Talk About Federalism

Ah, federalism! In the abstract, “laboratories of democracy” and a component of those “checks and balances” the Founders established.

Two hundred plus years later, a mess.

Very few students came into my classes with an understanding of the term or the multiple and often confusing ways in which federalism operates in the 21st Century. (That confusion was clearly shared by the author of a recent Washington Post essay who didn’t seem to understand when state-level prosecutors like Bragg can charge violations of both state and federal laws in a single prosecution. In all fairness, however–as I so often told my students– it depends, and it’s complicated.)

Actually, in addition to gerrymandering, the Electoral College, the filibuster, and the number/ terms of Supreme Court Justices, it’s also past time to revisit and revise the divisions of authority between state and federal governments.

Our relatively strong federal government was founded in reaction to the serious and multiple problems the country experienced under the Articles of Confederation, which gave states far too much authority. In recent years, however, we seem to have forgotten about the very negative consequences of government fragmentation that prompted the Founders to establish a strong central government.

Obviously, not all policies need to be nationally uniform–there are plenty of areas where local control is appropriate. However, questions about who is entitled to fundamental rights–and what those rights are–isn’t one of them, as the patchwork of approaches to reproductive freedom that’s emerging is likely to demonstrate. Forcefully.

The (belated) application of the Bill of Rights to state and local governments was meant to establish a floor–to ensure that a citizen moving from say, New York to Indiana, would not thereby experience a reduction of her fundamental rights as an American citizen. Justice Alito’s evisceration of the substantive due process clause is–among other incredibly negative things– a step back toward the fragmentation of the Articles of Confederation.

The need for substantial national uniformity isn’t confined to civil liberties. Over the 200+ years of American statehood, the need to rationalize and unify large areas of the law gave rise to the work of the Uniform Law Commission; that body developed the Uniform Commercial Code– a comprehensive set of laws governing all commercial transactions in the United States. It has national application, but it isn’t a federal law–it had to be adopted by each state’s legislature.

As the Commission’s website explains,

Uniformity of law is essential in this area for the interstate transaction of business. Because the UCC has been universally adopted, businesses can enter into contracts with confidence that the terms will be enforced in the same way by the courts of every American jurisdiction. The resulting certainty of business relationships allows businesses to grow and the American economy to thrive.

Commerce is hardly the only area where uniformity is desirable and/or necessary. Federal action in the face of a pandemic would certainly seem to qualify, and before the incompetence and massive ignorance of the Trump administration, the federal government largely directed public health responses to threatened outbreaks. A lot of people died as a result of Trump’s decision to leave COVID response to the states.

I won’t even address the insanity of leaving gun laws to the states in a country as mobile as the U.S.

Then there’s the environment. ( Air and water don’t stay in Indiana.)

The Indiana Capital Chronicle recently reported on efforts by Indiana lawmakers to give the General Assembly power over decisions that are currently left to state agencies staffed with experts who implement state and federal environmental laws— a move that would put Hoosiers’ health and environment in jeopardy.

A sweeping, 54-page amendment was added last week to the administrative rulemaking bill, which additionally seeks to put lawmakers in charge of new pesticide regulations and prevent state environmental regulators from making stricter coal ash rules than federal ones.

Indiana’s legislators already believe they know more than doctors; now they think they’re experts in environmental science. Given their consistent subservience to the state’s utilities, passage of this bill would be a huge step backwards.

No serious student of governance believes that, in a country as large and diverse as the United States, all decisions should be made at the federal level. The question with which we should be grappling is “which responsibilities are properly federal and which matters are properly left to state or local governments?” .

What laws need to be uniform if we are to be the United States of America, rather than a haphazard collection of Red and Blue fiefdoms?

I’m willing to leave zoning decisions up to local municipalities, and a substantial portion of criminal justice measures up to the states. When it comes to guns, the environment or fundamental rights, not so much…

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Health And Wealth

Speaking of health…

When I was still practicing law, I did a fair amount of work for nonprofit organizations.

Most of the nonprofits for which I drafted articles of incorporation or amended bylaws, or those I simply represented in various transactions, were “true” nonprofits–everything from Little League teams to small “do-gooder” groups focused on addressing a social ill. I want to be clear that I am not talking about those organizations, or criticizing their tax-exempt status–a status that was intended to facilitate the provision of socially-beneficial goods and services.

But. (You knew there was a “but,” didn’t you.)

There are also far too many “nonprofit” organizations that are really cleverly-veiled for-profit business enterprises. So long as talented lawyers can describe the business with language indicating a charitable mission of some sort, these enterprises escape both income and property taxation, padding what would otherwise be the bottom line.

And about that bottom line–rather than sending what are actually profits to shareholders or other investors to be taxed, as for-profit enterprises do, sizable chunks of those dollars are used to inflate the salaries paid to management personnel (who–surprise!– often were the founders of the organization), transforming them into expenses of the enterprise.

Legal magic!!

Back in my lawyering days, this was one of the many things that royally pissed me off. I revisited that annoyance when I read a recent article by Michael Hicks in the Capital Chronicle. Hicks has periodically focused on the economic shenanigans of Indiana’s hospitals–all of which are theoretically nonprofit, and many of which actually are.

Hicks reminds us that the benefits bestowed by nonprofit status are in exchange for the “well established notion that nonprofits advance the public good.”

Today, nearly every hospital corporation in Indiana is a not-for-profit. I’m pleased to report, that insofar as I can judge from the data, most are focused on that well established notion of ‘advancing the public good.’

In fact, it would seem that only five or six of Indiana’s not-for-profit hospital firms have dispensed with any pretense of “advancing the public good.” Now, this doesn’t mean they aren’t doing good things that folks are willing to pay for. But, so do Walmart, J.P. Morgan Bank, Amazon, and McDonalds. One key difference is that we tax these for-profit firms.

Hicks then tells us that, in 2020, the nation’s largest for-profit hospital, HCA, reported a 7.3% profit. That same year, Ascension Health in Indiana reported a 41% profit, Community Health Network reported 23.3%, IU health reported 22% and Deaconess reported 13.8%. As he writes, this is flagrant misuse of the not-for-profit status.

If these were for-profit firms, their investors would’ve had a windfall. Instead, they put that money in money market accounts, or offshore investments. That money should flow back into Hoosier communities instead of leaving the state. The losses are startling. Roughly 60% of all the economic growth in Muncie over the last decade was swallowed just by the profits of IU Health and Ball Memorial Hospital.

The article then focused on Ascension St. Vincent, which recently announced plans to close 11 clinics in Indiana.

Now, I’m sure this was a random coincidence that had nothing to do with pending legislation aimed at their monopoly power. If reporting is true, most of these clinics were profitable. Of course, system-wide, Ascension is fabulously profitable. In the last year for which we have data, they reported making a profit of more than $308, 000 per employee, less than half of which was from healthcare services. Ascension Health is today a financial services firm that claims heritage from Catholic charities, but now only dabbles in healthcare.

The decision to close less profitable clinics would be a typical business decision of a venture capital firm. But, it is wholly incompatible with the “notion that nonprofits advance the public good.” Ascension is a ‘not-for-profit’ entity in name only. Its behavior is that of a large conglomerate. They are not alone. In 2020, IU Health reported a tad more than $4 billion in physical assets in Indiana. Their investment holdings were $7.8 billion. They also made $49,600 per worker in profits in 2020.

There is much more data in the article, all of which supports Hick’s thesis that “these big ‘hospitals’ are really just large financial services firms, who own construction firms, physician offices, restaurants and yes, hospitals.” If Indiana had a legislature that focused on the welfare of Hoosiers, that body might remove the nonprofit status of systems behaving like venture capitalists.

Removing the not-for-profit status would generate huge tax dollars for cities across Indiana, expose these hospitals to federal laws on non-compete and increase the probability of enforcement of anti-trust regulations.

Welcome to yet another aspect of privatized health care…It costs Americans a lot to reject the “socialism” of a national health system.

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