Public Policy and Governance – Page 15

Deconstructing America

The Founders would be dumbfounded.

Remember what you learned (maybe) in high school government class about the three “co-equal” branches of government? Well, our rogue Supreme Court says that was wrong–that judges should be the imperial, all-powerful arbiters of national life, because they know far better than the experts serving in various government agencies what government can (or really, cannot) do about elements of our common lives like air and water quality, unfair competition…you name it.

I have previously explained what was at stake in a case challenging what is called “the Chevron doctrine.” But Robert Hubbell’s Substack letter explains better than I could the appalling, immensely negative consequences of Friday’s decision over-ruling that doctrine, and I am going to quote liberally from his explanation/diatribe.

You will be able to tell your grandchildren that you lived through a judicial revolution that rewrote the Constitution to suit the financial interests of corporate America and the social agenda of an extremist minority that fetishizes guns, hates government, and seeks to impose their narrow religious views on all Americans. The open question in 2024 and beyond is whether we will reverse that revolution. The first step is to understand the earth-shaking consequences of the Court’s ruling…

The Roberts Court has anointed the judiciary as the ascendant branch of government. The person of the president—not the executive branch—is nearly omnipotent in Roberts’ schema. Congress has been neutered…

The US economy is the largest in the world by a wide margin. That size is attributable in no small measure to (a) the orderly markets and business conditions created by federal regulations and (b) the comparatively corruption-free nature of the US economy (also attributable to federal regulations).

Managing and maintaining the immense US economy is a monumental undertaking. We need regulations that control how and when fish stocks can be harvested, where medical waste can be stored, how thick concrete must be on bridge spans, what type and color of insulation must protect electrical wires, what temperature meat must be kept at when being transported across the country, and what type of information can be collected and stored in a retail transaction.

Multiply those issues by a million, and you will have a vague sense of the complexity and scale of the US economy….

Those millions of regulatory decisions demand broad and deep expertise by career professionals with advanced degrees and years of experience in their field of regulation. That expertise resides in the federal agencies housed in the executive branch under the president..Businesses hate federal regulation because they impose a trade-off: protecting the health and safety of Americans by reducing the maximum profits unrestrained businesses could earn in the short term in an unregulated economy.

The so-called “administrative state” of federal agencies has been wildly successful. It is why all international airline pilots speak English when flying between countries across the globe. It is why the US dollar is the world’s currency. It is why the world’s science, technology, and innovation hubs are located in the US. It is why every Chinese corporation that goes public in China has the goal of transferring from the Chinese stock exchanges to the New York Stock Exchange, Nasdaq, and the Chicago Options Exchange as soon as possible…

As Hubbell writes, Friday’s decision dramatically reduces the power of Congress by requiring that legislation be as specific as an instruction manual. Under Chevron, when Congress directed the Executive Branch to achieve a desired goal, agency personnel with deep expertise in the relevant area would determine how best to reach that goal. If a regulation was challenged, the Court could strike it down if evidence showed it was unreasonable, but absent such evidence, the courts deferred to the agency’s interpretation.

Hubbell provides an example:

If the Court requires Congress to specify the precise number of salmon that can be taken from the Klamath River each year rather than saying that the NOAA Fisheries Department shall establish fishing quotas to maintain healthy fish populations in inland waterways, Congress’s work will grind to a halt. Members of Congress have neither the time nor expertise to determine a healthy fish population for each inland waterway in the US. In the absence of “the administrative state,” Congress (or the courts) must serve as the regulators of the millions of daily transactions governed by federal regulations.

In the future, when a business challenges a regulation, federal judges rather than agency experts will interpret and apply–or more likely, overturn– the regulation. We’ve seen the arrogance and fact-free behavior of recent, ideologically-driven judicial appointees.

The Trump judges on the Supreme Court have accomplished things near and dear to the Rightwing heart. In addition to dramatically undermining the liberties protected by the Bill of Rights, they have substantially deconstructed the checks and balances of the Founders’ government structure. They certainly aren’t “originalists” in any sense that matters.

At best, it will take years–generations–to undo the damage. At worst, a Trump win in November and implementation of Project 2025, would foreclose any possibility of enlarging or otherwise restraining this rogue Court and beginning to reverse the enormous damage it has caused.

What is truly terrifying is how few Americans seem to understand the stakes.

This election is a choice between an elderly man who has been an exemplary President but a poor debater and an equally elderly man who, in service to his own monumental ego and his rabid White Christian Nationalist base, is intent upon destroying America as we know it.

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Indiana’s White Christian Nationalist Ticket

In November, Americans will choose between/among candidates for various public offices. The potentially dire results of a GOP victory will be especially acute in Indiana, where a Democratic ticket composed of qualified candidates supporting rational policies that would once be considered middle-of-the-road will face off against an extreme, rabid collection of White Christian Nationalists.

It goes without saying that the Christian Nationalists will have more money–Hoosier Democrats are notorious for giving up before the campaign really starts, under the defeatist theory that Indiana is a hopeless case, and sending their dollars to candidates in states where they think the odds are better.

So what is the evidence for my assertion that the GOP’s entire ticket is composed of MAGA theocrats?

Let’s start with Braun, who is, incredibly, the least scary of the batch. Just a few data points out of the many available:

when the surgeon general recently pointed out what everyone knows–that gun violence is a public health issue–Braun and his GOP colleagues immediately introduced a bill prevent the President and the Secretary of Health and Human Services from declaring gun emergencies.
he’s on record supporting the continuing destruction of public schools, via vouchers and legislation to ostensibly shield children from “divisive” concepts.
he promises that “woke-ism” and any effort to accommodate diversity, equity and inclusion will have absolutely no place in Indiana government.
And of course, he staunchly supports the wholesale denial of reproductive rights to Hoosier women.

I need not elaborate on Pastor Micah Beckwith, a theocrat who proudly self-identifies as Christian Nationalist, supports censorship, wants to ban all abortions–no exceptions– and says that the January 6th insurrection was an “act of God.” (He also says God wanted him to win the nomination…). Beckwith opposes the “woke agenda,” and clearly has no interest in–or credentials for– the actual job of Lieutenant Governor.

Until Micah Beckwith won the nomination for Lieutenant Governor, Jim Banks was the scariest, most extreme member of the GOP ticket. I have previously listed the culture war positions that make him unfit for public office. Several times, actually.

He wants a national ban on abortion with no exceptions, not even for rape, incest or life of the mother.
He is opposed to even the most modest efforts to control the proliferation of firearms, supporting concealed carry and opposing background checks for private sales.
He calls climate change a “liberal hoax,”
He has a zero rating from the AFL-CIO.
He opposes any expansion of healthcare coverage, and rejects medical science, supporting legislation that would ban vaccine mandates. He has voted to repeal the ACA, against legislation that would prevent insurers from discriminating on the basis of pre-existing conditions, and against efforts to fund research into the effects of marijuana.
He created the “anti-Woke” caucus in the House of Representatives and introduced legislation to outlaw any remaining affirmative action in college admissions. He’s been dubbed “Focus on the Family’s Man in Washington,” opposes all Diversity, Equity and Inclusion programs and is especially noted for his strenuous opposition to gay rights generally, and for truly despicable attacks on trans children.

And then, of course, there’s Todd Rokita, running for re-election as Indiana Attorney General, about whom I have posted numerous times. That would be the same Todd Rokita who placed a White Supremacy “thin blue line” flag in his office window, the same Todd Rokita who obsessively panders to the GOP’s most extreme Right wing and has enthusiastically thrown the weight of his office behind anti-abortion extremists– the same Todd Rokita who was charged by the Indiana Supreme Court Disciplinary Commission with violating professional conduct rules while conducting an unhinged vendetta against the Indiana University doctor who performed an (entirely legal) abortion on a 10-year-old rape victim from Ohio.

There is so much more that could be said about these odious, unAmerican candidates. (I’ve previously said a lot of it.) Back when I was a Republican, nominating any of these men would have been unthinkable, but today’s GOP is entirely MAGA–and utterly terrifying.

Fortunately, Hoosiers have excellent alternatives in Jennifer McCormick, Terry Goodin, Valerie McCrae and either of the women running for Attorney General, and I plan to work as hard as I can to help elect them. (One thing I am doing is co-sponsoring a fundraiser for McCormick on the evening of July 30th–if anyone reading this would like to be invited, let me know!)

It’s not just Indiana, of course. If Trump is elected, we not only lose America, we probably usher in WWIII, so moving isn’t an option.

These are perilous times for governance, the Constitution and the rule of law. Not to mention world peace.

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OK–Let’s Talk About Virtue Signaling

A few days ago, a commenter dismissed the recent Women’s Strike as “useless virtue signaling.” That contemptuous comment prompted me to consider both the attitude prompting someone to post that condescending taunt as well as the definition and effect of virtue signaling.

I’m at a loss about the attitude, but I have some very definite opinions about what does–and does not–constitute behavior intended to convey one’s “virtue.”

I first encountered the phrase “virtue signaling” several years ago, when I purchased my first Prius, and a colleague–who, I hasten to say, approved of the purchase and who worries about climate change– told me that Toyota depended upon virtue signaling as a marketing tool. Making people feel virtuous for reducing their use of fossil fuel helped them sell their cars. It’s all about the bottom line, baby!

I understood his point; after all, people have been purchasing cars to “send a message” for generations. Until recently, that message had little to do with virtue or the environment–it was more along the lines of keeping up with the Joneses (or letting them know you could afford that Cadillac…)

Wikipedia’s entry on the term distinguishes between virtue signaling that is what we sometimes call “humble bragging” and the other motivations for– and effects of– communicative behaviors. The entry also included the following, very interesting, observation:

Linguist David Shariatmadari argued in The Guardian that the very act of accusing someone of virtue signalling is an act of virtue signaling in itself. The Conversation‘s Karen Stollznow said that the term is often used as “a sneering insult by those on the right against progressives to dismiss their statements.” Zoe Williams, also writing for The Guardian, suggested the phrase was the “sequel insult to champagne socialist“.

The Wikipedia article also suggested that the term is most commonly applied to online expression rather than in-person behaviors and activities.

The dismissal of the Women’s Strike (and presumably the Women’s March that occurred after Trump’s election) as useless “virtue signaling” struck me as not only patronizing but entirely wrong. It utterly misses the point of civic demonstrations, which are an important–and effective– element of social movements and social change.

The first and most immediate effect of a successful demonstration–a strike, a march, or other public display–is communication. Participation in a protest or other public display does two things: first, it tells other people that their concerns are broadly shared, that they are not alone; and second, it sends a message to those who are in a position to correct the problem that generated the event.

When a segment of the population is upset about something–racism, homophobia, misogyny, failure to fix potholes, whatever–concerted public actions that serve to tell individuals that they aren’t alone, aren’t the only people with that particular concern–are extremely important. (If you hold a demonstration and no one comes, that’s an important message too.) Brooding alone about problem X leads to feelings of powerlessness; joining with others who share your concern or anger strengthens your resolve to do something about it.

It also facilitates contact with others who agree with you, making other action more likely.

In states unlike Indiana, where the existence of referenda or the absence of gerrymandering means that legislators actually have to respond to constituent concerns, demonstrations and other public actions alert those in office to matters requiring their remedial action.

It’s true that few of these public protests get prompt positive results.

But even when strikes or marches or other displays of public concern fail to produce immediate results, over time, those expressions of opinion can and do change the culture. Little by little, they produce social change. Where would the civil rights movement, the gay rights movement or the women’s movement be today without the years of “virtue signaling” that John Lewis aptly called “good trouble”?

In any effort to effect social change, there will be good-faith arguments among proponents about the tactics to be employed. Will X be effective or counter-productive? Is this the right time to try Y? What if we plan a march and no one comes? Those are important discussions.

But they have absolutely nothing to do with “virtue signaling.”

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Women’s Strike Tomorrow

Somewhere in our various educations, most of us have come across Aristophane’s play Lysistrata. In the midst of a war between Athens and Sparta; an Athenian woman named Lysistrata calls women from throughout Greece together, to present her plan for ending the hostilities. The women agree to dress provocatively and act seductively towards their husbands and boyfriends, but then withhold sex until the men swear to end the war. It evidently worked.

Lysistrata appears to be the very first Women’s Strike.

Tomorrow, June 24th, Hoosier women are planning to join with other American women in a more modern-day version. As the strike website describes the effort:

Women4Change and women in Indiana are going on strike, June 24th, 2024 with thousands of our sisters across the United States.

Why are we going on strike?

In acknowledgement of the 2nd anniversary of the overturning of Roe v. Wade, we are removing ourselves for 1 day en masse.

What is a strike?

No spending. No work. No school.

(Evidently, the “no sex” aspect pioneered by Lysistrata is up to the individual woman…)

Hoosiers for Democracy has elaborated on the motivation for this one-day expression of resistance.

On June 24, 2022, the Supreme Court reversed a fifty-year constitutional right to reproductive health and safe access to abortion. The country has ample evidence that Justice Samuel Alito and Justice Clarence Thomas are under the influence of White Christian Nationalists and ‘dark money’ contributions. We have a tape recording of Justice Samuel Alito saying that he will fight to return this country to a state of Godliness; so we can assume that the upside flag that flew outside his house on the day of the attack on the Capital and the white nationalist pine tree flag that has been seen waving at his summer home were not by mistake. Justice Clarence Thomas has received a little over 4 million dollars in gifts from Republican mega donor Harlan Crow. We also know that the three justices appointed by Donald Trump lied when they stood before their Senate Confirmation Hearing and testified that they believed Roe V. Wade was ‘settled law’. The Supreme Court has only begun reversing personal freedoms. The right to contraception, the right to gay marriage, protection of voting rights and an attack on the LGBTQ+ community are in the ‘wings’ of what is coming next.

It was actually much simpler for women back in olden-times Greece–women didn’t hold jobs or attend school. (I’m not sure whether they even had the right to spend money in that patriarchal society.) Withholding sex was pretty much the only “strike” available. Today’s women, having gone from being property to something approaching partnership (hence the title of the book I wrote with Morton Marcus and that I continue to promote here), undoubtedly find themselves in a more complicated situation when it comes to withdrawing from their obligations, even for one day.

But as Hoosiers for Democracy remind us, Indiana women face a particularly ferocious attack.

The Republican candidate for Governor, Mike Braun, supports Indiana’s six-week abortion ban and is an ardent Trump supporter. He ‘goes along’ with whatever Trump says. His running mate for Lieutenant Governor, Micah Beckwith, is a self-proclaimed Christian Nationalist, and was the person spearheading the Hamilton County Library Board’s decision to remove John Green’s book, The Fault in Our Stars, from the Young Adult section of the Fishers library. Beckwith says that the January 6^th attack on the Capital was ‘divinely inspired’.
The Women’s Strike is an important action for Hoosier women and their allies. The 2022 Dobbs decision to deny women their constitutional right to an abortion is a decision that several of our state candidates support. Mike Braun, the Republican candidate for Governor, Micah Beckwith, the candidate for Lieutenant Governor, Jim Banks, the Republican candidate for Senate, and Victoria Spartz, the Republican candidate for the 5th Congressional District will work to further those restrictions. We must let them know that we will not go back. We can make a statement on June 24, 2024 and again on November 5, 2024.

At the very least, we women can withhold our dollars tomorrow. Absent some important obligation at the office that cannot be rescheduled, or an exam that a teacher will not allow a student to take at a different time, a one-day absence from the office or classroom shouldn’t work a hardship–but should send a message.

And while we’re sending that message, we need to demonstrate support for Jennifer McCormick’s campaign for Governor and Valerie McCrae’s Campaign for Senate. Send them money–no amount is too small to function as evidence that you support sanity and sense over theocracy and misogyny.

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Parties Versus Cults

A recent essay in the Washington Post considered the inside baseball aspects of party platforms.

“Back in the day,” when politics was far more focused on policy, I participated in local efforts to craft platforms that reflected thoughtful policy positions; as the linked article notes, those days–and their “thoughtful discussions”– are long-gone. As the essay also noted, while candidates sometimes tried to distance themselves from unpopular planks, platforms mattered. They revealed which factions really held power, and testified to the differences between Democrats and Republicans.

That was then. Policy doesn’t matter when politics is all about a cult waging culture war.

Four years ago, having scaled back their convention because of covid-19, the Republicans who nominated Donald Trump to a second term didn’t bother to adopt a platform at all. Instead, the party decided to stick with its 2016 document and “continue to enthusiastically support the President’s America-first agenda.”

The last actual GOP platform contains all sorts of commitments that the the current crazies have abandoned.

That eight-year-old platform is a fossil of primordial, pre-MAGA conservatism — of a day when abortion rights seemed secure enough that posturing against them carried little political cost; when Republicans could agree that Ukraine’s “sovereignty and territorial integrity” needed to be defended against “a resurgent Russia.”

Written before our rogue Supreme Court overturned Roe, the platform pandered to single-issue anti-choice voters with a plank supporting a human life amendment to the Constitution that would make the Fourteenth Amendment’s protections apply to children before birth. That’s going to be a bit awkward in a country where something like 70% of voters are pro-choice– and angry about the first-ever retraction of a constitutional right.

So maybe it is time for today’s Republicans to acknowledge the truth. They are no longer a party with any firm principles at all. Enduring and consistent values? Not for them.

Come to think of it, this whole exercise of writing a 2024 platform for the Republican Party could be pretty simple. Why bother with putting together another 60-page document when the truth about today’s GOP can be summed up in a single sentence?

“RESOLVED, That the Republican Party stands for whatever the hell Donald Trump says it does.”

Robert Hubbell recently reminded us just “what the hell” Trump has said lately.

Trump has promised to deny funds to any school that requires mandatory vaccines. Childhood vaccines against 16 diseases have saved hundreds of thousands of lives over the last century. Defunding schools that require vaccines will cause outbreaks of diseases that have been effectively eliminated. See HuffPo, Trump Makes Bizarre Threat About Schools And Vaccine Mandates.

Trump says that business leaders who do not support him should be fired. NBC News, Trump says business executives should be ‘fired for incompetence’ if they don’t support him.

Trump trashed Fox News for having the temerity to interview a guest—former Speaker Paul Ryan—who was critical of the former president. Trump said, “Nobody can ever trust Fox News, and I am one of them.” MSN, Trump Loses It At Fox News, Says No One Can Trust It.

Trump said that President Biden’s student loan forgiveness plans are “stunts” that will be “rebuked” if Trump is elected. See The Independent, Trump calls Biden’s student loan forgiveness a ‘vile’ publicity stunt.

Trump recently told the Danbury Institute that, if elected, “These are going to be your years because you’re going to make a comeback like just about no other group . . . And I’ll be with you side by side.” The Danbury Institute promotes fetal personhood, opposing abortion from “the moment of conception” (a position that would effectively ban IVF). See Missouri Independent, Trump says he’ll work ‘side by side’ with group that wants abortion ‘eradicated.

Granted, Trump says whatever he thinks a given audience wants to hear–his lack of any comprehensive policy commitment (or understanding of what policy is or how government operates) is one reason his initial term did less damage than it might otherwise have done. Should he win in November, he’ll have the far greater competence of Project 2025 authors to draw on.

David Sedaris said it best. Anyone who thinks there is any equivalence between Joe Biden and Donald Trump is like the airline passenger in his often-cited example:

The flight attendant comes down the aisle with her food cart and, eventually, parks it beside my seat. “Can I interest you in the chicken?” she asks. “Or would you prefer the platter of shit with bits of broken glass in it?”

To be undecided in this election is to pause for a moment and then ask how the chicken is cooked.

To vote for Donald Trump–or the Indiana GOP’s Christian Taliban–is to reject the chicken.

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