Local Government – Sheila Kennedy

San Diego Shames Supreme Court

I’ve previously posted about a number of recent Supreme Court cases that have ignored long-time precedents, cherry-picked history, or otherwise done violence to the philosophical basis of the Constitution and the rule of law. One that I haven’t previously addressed falls into a somewhat different category: it’s just wrong and mean-spirited.

The case–Grants Pass v. Johnson–involved an Oregon city that had passed ordinances prohibiting people from sleeping outside in public using a blanket, pillow or cardboard sheet to lie on, even if those people have no other option, i.e., are homeless.

Those challenging the ordinances relied upon the earlier case of Robinson v. California, which had held that it is “cruel and unusual” to criminalize a person’s status, but the majority held that Robinson didn’t apply–that the ordinances penalize behavior rather than status. As a result of that analysis, municipalities can do what Grants Pass did, and subject unhoused people to hundreds of dollars in fines and even jail time for sleeping outside, even when the city admittedly lacks enough shelter beds for them.

The decision reversed a far more reasonable opinion by the Ninth Circuit; that Court held that punishing unhoused people for sleeping in public when they have no access to shelter violates the Eighth Amendment’s protection against cruel and unusual punishment.

The ACLU submitted a brief on behalf of the challengers, and issued a statement on the decision.

“It is hard to imagine a starker example of excessive punishment than fining and jailing a person for the basic human act of sleeping,” said Scout Katovich, staff attorney in the Trone Center for Justice and Equality. “As Justice Sotomayor’s dissent powerfully acknowledged, sleep is a biological necessity, not a crime. We cannot arrest our way out of homelessness, and we will continue litigating against cities that are emboldened by this decision to treat unhoused people as criminals.”

The American Civil Liberties Union submitted a friend-of-the-court brief arguing that punishing unhoused people for sleeping outside when they lack access to shelter violates the Eighth Amendment protection against cruel and unusual punishment. As the brief highlights, the original intent and meaning of the Eighth Amendment and its application in more than a century of Supreme Court cases make clear that the government cannot impose punishment that is disproportionate to the crime.

There is obviously a great deal more that can be said about this decision, but the practical reality is that it allows local governments to criminalize a social problem. Allowing municipalities to punish homelessness does absolutely nothing to ameliorate the problem. (For that matter, allowing fines to be assessed is asinine; people who cannot afford a bed don’t have resources to pay fines.)

San Diego takes a very different, and far smarter approach to the issue. People who are unsheltered or living in their cars can access parking lots that have been modified to provide more than just a place to stay.

San Diego currently operates four lots where people living in cars or RVs can park overnight, with access to restrooms, services and treatment.

The H Barracks location adds 190 parking spaces, which will nearly double the capacity of the city’s safe parking program.

It’ll be located on five acres between the airport and Liberty Station, and it would serve the large population of people living in oversized vehicles in the Peninsula area.

The pet-friendly lot will be open overnight — 6pm-7am — with onsite security, as well as bathrooms and showers, according to the report.

The lots provide onsite services for case management, housing, health care, mental and behavioral health, plus substance-abuse treatment resources, and patrons are prohibited from drug and alcohol use. Registered sex offenders are not allowed.

The Supreme Court’s tone-deaf opinion effectively allowing municipalities to criminalize homelessness is a classic example of hitting people when they’re down. As a matter of law, it is fatally flawed; as a matter of policy, it’s clueless.

Calling homelessness a “behavior” rather than a status suggests that it is chosen–that it represents a decision made by an individual to forego habitation. Allowing local officials to punish unhoused people is simply cruel. As numerous critics of the decision have pointed out, governments cannot punish their way out of homelessness and poverty. What is needed is evidence-based solutions.

Officials in San Diego obviously recognize that. It will be interesting to see whether that city’s innovative approach results in a reduction of the number of homeless, and whether it will develop follow-up measures aimed at more permanent solutions.

Meanwhile, We the People really need to do something about our rogue Supreme Court…

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Mike Leppert Nails It

One of the most frustrating aspects of today’s information environment is its fragmented nature. Many of us depend upon widely respected national sources of news and even wisdom–the Heather Cox Richardsons and others who bring scholarship and acumen to in-depth discussion of the issues that confound us. Fewer of us know about or subscribe to blogs and newsletters produced by local folks–and that’s a shame, because many of them deserve to be more widely read. I’ve updated my blogroll to include a couple, including that of my friend Michael Leppert, whose weekly posts can be accessed here. I highly recommend them.

Mike is currently a lecturer at Indiana University’s Kelley School of Business, and an adjunct professor at IU’s O’Neill School of Public and Environmental Affairs. He’s also a columnist and an author. (I was honored to write the introduction to his first book, Contrary to Popular Belief.) He has worked for the State of Indiana and as a lobbyist. Because he knows how things work, his blog is a deeply informed look at politics and the policy process.

A recent post, in my humble opinion, hit it out of the park.

Leppert was considering the abortion landscape after Dobbs, and reminding voters that–on reproductive rights– We the People have the right to the final word.

In his policy classes, Leppert says he’s focused on two primary ideas: “One, that governing is choosing; and two, there is no bigger asset or burden in the public policy process more powerful than time.”

The best contemporary policy example to use for understanding American democratic processes is the debate on women’s reproductive health freedom. Not just because of the Dobbs or Roe decisions, but because it is a policy that is truly a governing choice, unimpacted by infinite conditions beyond decision-makers’ control.

Unlike economic conditions or foreign policy, which are impacted by infinite conditions beyond anyone’s control, voters have the opportunity to determine the extent of abortion rights.

In some states, unlike Indiana, voters have access to referenda or initiatives. As he notes:

Eleven states are headed for referenda votes in November on constitutional proposals to create or protect abortion rights. Nine of them were initiated by voter petition. Four of those states already effectively have bans in place. Even Arkansas reached their threshold of signatures last week just before that state’s deadline.

In states where voters can vote, they either already are, or soon will. And because of the Dobbs decision, a vote on reproductive freedom is no longer a hypothetical discussion. There is data to drive the thinking of those clinging to rational thought on the matter.

He proceeds to outline some of that data, and it’s compelling.

In Texas, which banned abortion in 2021, the infant mortality rate rose 8%, and birth defects increased by 23% (in the rest of the U.S. they decreased by 3%)

As Leppert reminds us, Texas state elected officials chose this.

Then there’s Idaho, a state that is manic in its zeal to eradicate women’s freedoms. Its bans have created a crisis of care, driving obstetricians from the state. In February, it was reported that 22 of the state’s 44 counties don’t have access to any practicing obstetrician. More than 50 of them quit practicing there since the state passed its ban in August of 2022. It already ranked in the bottom five of all states for maternal mortality outcomes….

The catastrophic choices have only begun to be impacted by the all-powerful influence of time…

Because he is a resident of Indiana, Leppert concludes by referencing just how out of touch our theocratic GOP officials are with the sentiments of Indiana’s voters.

Indiana’s time has now begun too. Judicial delays now exhausted, the bad data is being gathered in a state already ranked 44th in infant mortality, and 47th in maternal mortality. Recent polling on the issue shows the most unsurprising results I’ve ever seen, as reported by the Indiana Capital Chronicle.

Petition driven ballot initiatives aren’t available here, though 78% of voters here want it. 72% of voters are less likely to support incumbents who voted to block a referendum.

Hoosiers can and should vote accordingly.

The state’s embattled attorney general, Todd Rokita, has been aggressively seeking access to patient medical records of those who have received abortion care. 95% of voters oppose this access. “Peace on earth” wouldn’t get 95%, and even if it did, Rokita would likely fight it.

If the Republican candidates for statewide office are successful in November, we can expect Indiana to emulate Texas and Idaho (with censorship and unremitting attacks on education thrown in)… The GOP’s “Christian warrior” candidates are even more extreme than the legislators who passed Indiana’s ban.

As Leppert reminded his readers: Hoosier voters will choose…

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The Things We Know That Just Aren’t So…

Michael Hicks is an economist on the faculty of Ball State University. He recently published two columns in the Indianapolis Star that deserve widespread attention.

Hicks documents two inconvenient facts: more people move into high-tax areas than into low-tax precincts, and economic conditions in Blue cities and states are significantly better than conditions in Red parts of the country.

Hicks makes that first assertion in a column discussing the repeated mantra of candidates for Indiana’s legislature--elect me and I’ll cut property taxes! High property taxes are why Indiana keeps losing population! He points out that–despite the popularity of these proposals, property tax cuts would be highly unlikely to grow population, employment, GDP or household incomes. The data shows that population growth tends to cluster in high-tax places.

In Indiana, the 10 counties with the highest effective property tax rates alone accounted for 27,105 new residents since 2020, a whopping 61.3% of the state’s entire population growth. The 10 counties with the lowest effective property tax rates saw only 878 new residents, or less than 2% of the state’s growth.

I know many readers will recoil at this challenge to a long-held notion that lower taxes cause growth. However, it is a cold, hard fact that both population and employment growth is positively correlated with tax rates on income and property.

In Indiana, a 1% increase in the average tax rate leads to a 2% increase in population growth. That is simple mathematics.

Why would that be? As Hicks concedes, no one looks at tax rates and says “Let’s move to where taxes are higher.” What they do look at are indicators of quality of life–public services and amenities that will be available to them.

These are places where families judge themselves better off. If you live in a state where families are moving from low- to high-tax regions, your state is underinvesting in local amenities such as schools, parks, and public safety.

That reality–anathema as it is to those who view all taxation as evil–goes a long way toward explaining another phenomenon Hicks has discussed–the difference between the economic performance of Red and Blue areas of the country.

Nationwide, it is unambiguously clear that the U.S. economy is performing historically well. On every important measure — employment, wages, GDP, or wealth — the overall economy is not just performing at record levels, but also outperforming the rest of the world.

Robust national economic performance has benefits for every county and small town, but that does not mean every place shares equally in economic growth. There are plenty of places that continue to do poorly.

And the gap between them is growing. Rich places are, for the most part, getting richer and poor places poorer–in contrast to what has typically happened before. Moreover,

poor places are increasingly governed by Republicans and rich places by Democrats. The gap between rich and poor places might help explain the partisan differences in perceptions of the economy.

The regional differences are compelling across dimensions of rural and urban places, as well as between cities and rural areas.

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Religious War, Modern Version…

As weird as it seems–this is, after all, the twenty-first century– America seems to be in the throes of a religious war. Whatever the actual motives of the self-identified “righteous religious,” today’s culture warriors increasingly hide behind assumed doctrinal pieties.

And they’re suddenly everywhere.

The media is filled with stories about fissures in state-level Republican parties, fights between the GOP’s extreme Rightwingers and its flat-out nutcase “Christian warriors.” Here in Indiana, that schism is illustrated by the GOP’s internal fight over the Lieutenant Governor nomination. Mike Braun, who won the nasty race for the gubernatorial nomination, has picked a no-name, relatively inoffensive Rightwing female, but his choice is being challenged by religious warrior Micah Beckwith.

Noblesville pastor Micah Beckwith’s unconventional campaign for the Republican nomination for lieutenant governor appears to be surging. Several GOP insiders I spoke with believe he will upset Mike Braun’s hand-picked candidate Julie McGuire at the state convention this Saturday.

Braun evidently recognizes that a Beckwith victory will make his already far-Right campaign more difficult, since Beckwith is a proud member of the Christian Taliban. The linked article reported his remarks at gatherings of GOP insiders.

Beckwith told the delegates in both Fort Wayne and Nappanee that it was his belief that America was straying from its Christian principles that motivated him to get into politics.

“I started recognizing something very concerning to me, that the church in America was dropping the ball on stewarding our nation,” he said in Nappanee. “When [the church] started shutting our mouths, the silent majority did a huge disservice to this nation. We became quiet. No wonder we’ve gone off the rails.”

Beckwith blamed America’s problems on a list of issues for which, according to him, the Bible has already provided guidance.

“Isn’t it interesting that all of the political things that are destroying our nation right now are things like marriage, things like abortion, things like parental rights, things like the sovereignty of our borders, things like taxes. But wouldn’t you know, God has said something about all of those issues.”

Evidently, God also told Beckwith to attack Governor Holcomb’s attempt to protect Hoosiers from COVID.

“It was March 15, 2020. I called out COVID exactly what it turned out to be,” he told the delegates in Nappanee. On that day, he said he broadcast a Facebook live video telling people “don’t shut down, don’t lock down, don’t mask up. And I called it out.”

As the linked article notes, 22,450 Hoosiers died from COVID after Beckwith made that video, including 616 residents in his home of Hamilton County. But evidently, that was God’s plan–after all, Beckwith is certain he knows what his God wants…

Unfortunately, the growth of Christian Nationalism isn’t a phenomenon limited to state-level politics. Not only does a rabid (and distinctly unChristian) cohort consistently prevent Congress from functioning, it has infected the nation’s highest court. That infection is most apparent in the person of Justice Alito, who–as Robert Hubbell recently reported–has now “said the quiet part out loud—i.e., that the reactionary majority on the Supreme Court is engaged in a religious battle to return the country to a place of godliness.”

It seems that an enterprising reporter has obtained evidence of what most observers have long surmised.

Lauren Windsor, a progressive filmmaker and political activist, bought a ticket in her own name to the Supreme Court Historical Society dinner that was held on June 3 and carried her cell phone so she could record conversations she held with Justices Samuel Alito and John Roberts. She’s done it before, posing as a fellow conservative as she recorded conversations with right-wing politicians at public events. This time, Windsor appears to have been posing as a Christian Nationalist Catholic when she got close enough to Alito at the dinner to ask him a few questions.

While condemning the tactic employed, the New York Times reported the taped conversation, and Alito’s view that that the nation should return to a “place of godliness.” Several other reports included anti-gay remarks made by his wife. (The taped conversations have since been uploaded to YouTube.)

The utter lack of humility that characterizes these smug “warriors for God” always reminds me of that FaceBook meme–something to the effect that “it’s interesting that God hates the same people they do.”

Historians and legal scholars can rebut these efforts to rewrite American history and undermine the First and Fourteenth Amendments, and theologians can contest the simplistic, dishonest and oh-so convenient approach to belief, but it will be up to voters to reject Christian Nationalists’ drive to deliver social and legal control to White Christian fundamentalists.

Vote Blue. Religious liberty depends on it.

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The Year Of The Woman?

Are we finally approaching that much-heralded (but thus far elusive) “year of the woman”–a year that, despite previous predictions, has yet to materialize?

Maybe. It’s happening in other countries, even those with a deeply “macho” culture–in Mexico, a woman has been elected President. In the U.S., twelve states currently have women governors.

Here in regressive, Red Indiana, the Democratic Party will run an all-women slate of statewide candidates, a first. I have previously written about my enthusiastic support for Jennifer McCormick, the former Superintendent of Public Instruction currently running for Governor. I have not previously written about Valerie McCray, who defeated Marc Carmichael, the candidate I supported for U.S. Senate, or about the contest between two other women–Destiny Wells and Beth White–who are the only candidates vying for the Attorney General nomination.

So let me get to it.

I’ve previously explained why Jennifer McCormick, who will face Trumper Mike Braun in November, would be an excellent Governor. If you visit her website, you will note that she is focused on issues that actually concern Hoosiers, unlike Braun, who–like all MAGA culture warriors–talks almost exclusively about the federal issues he did little or nothing to address in his six years as a Senator.

I recently sat down with Jennifer and her equally impressive campaign manager, and was encouraged to learn that, not only is she personally compelling and right on the issues, she is running a savvy, organized and well-thought-out campaign.

I have also had the opportunity to meet with Valerie McCray and her campaign manager, both of whom noted the extent to which Hoosiers–at least, Democratic-leaning ones– seem to be favoring women candidates this year. (Evidently, voters unfamiliar with either of the Democrats’ Senate contenders overwhelmingly opted for the female candidate.) That phenomenon failed to help Suzanne Crouch, the only woman vying for the GOP’s gubernatorial nomination–a reminder of the parties’ very different attitudes toward women.

As readers of this blog know, in the primary, I supported McCray’s opponent– an older white guy. (I firmly believe that voters should support candidates based upon their individual merits, rather than voting for an identity. I’ve known some pretty reprehensible women politicians.) That said, I was very relieved to find that McCray, whom I’d not previously known, isn’t only right on the issues (see her excellent website), but is also energetic, informed, and thoughtful. That said, McCray’s biggest asset is actually her opponent, Jim Banks, who represents the most anti-American, anti-woman, theocratic aspects of the MAGA movement. (As I intend to explain in upcoming posts, Banks is very consistent–wrong about everything.)

If Valerie McCray’s biggest campaign asset is Jim Banks, Todd Rokita will definitely fill that role for the eventual Democratic Attorney General nominee. I have posted about Rokita’s multiple deficits several times; he has been a consistent embarrassment to the legal profession and to the Hoosier State. He was a disgrace as a Congressman and has ignored his professional and ethical obligations as Indiana’s Attorney General, using the position (and taxpayer dollars) to feed his considerable ego while pandering to the far, far Right of the GOP. (Recently, several state senators called him “a hammer in search of a nail.”)

The specific merits of these candidates is important. Their campaigns, their performance in debates and on the stump, their fundraising–all of those traditional elements will matter, and matter a lot. But in addition to the normal horse-race factors, I come back to the question with which I began this post: will this be the year of the woman?

How angry are America’s women? How motivated? How many women who haven’t previously voted will register and cast their ballots in November? How many “good guys”–men who aren’t threatened by women’s growing equality, who care deeply about the status and health of their mothers, sisters and daughters– will signify that support by voting Blue?

Hoping for a year of the woman is most definitely not an attack on men. It is endorsement of an equal civic partnership that benefits both men and women– and a refusal to return half the population to the subordinate status demanded by the GOP’s White Christian Nationalists.

In Indiana this November, voters will choose between a statewide slate of three talented and accomplished women and three out-and-proud MAGA misogynists and theocrats. This won’t be an election in which differences are minor. It also won’t be an election affected by gerrymandering–you can’t gerrymander a statewide race.

Here’s an idea: If everyone reading this who cares about civic equality and women’s rights would send a few dollars to each of these women, we could demonstrate widespread support for a Hoosier year of the woman.

If Mexico can do this, so can Indiana.

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