Public Policy and Governance – Page 22

Supreme Dysfunction

In a recent issue of The American Prospect, columnist Rick Perlstein dismissed concerns about recent polling and reminded readers that considerably more is at stake right now than the “horse race” that media disproportionately focuses on. As he says, that all-too-typical approach to political campaign coverage is increasingly irrelevant.

This year, hearing the political reporters on NPR every morning yammering on about stuff like that, it sounds like the drone of the adults in a Peanuts cartoon. It’s so far down the scale of factors determining how the world might go in 2025 that I cringe, tune out, and wait for the next story to start.

If that typical coverage is “down the scale,” what does Perlstein count as more weighty? He suggests that speculation about how many electoral votes each candidate will get is less significant than concerns about the number of people who might be willing to take up arms to “avenge” a Trump loss.

And then there’s the conventional coverage of the Trump trial. Perlstein points out that the attacks being made by Trump’s GOP sycophants–largely ignored or minimized by the media– are part of Repubicans’ ongoing assault on the rule of law. As he says, “what is actually on trial in New York? Trials themselves.”

Every time the man who once took an oath to faithfully execute America’s laws and may next year do so again acts in ways that would bring criminal sanction to any other defendant, by brazenly and deliberately intimidating witnesses in direct defiance of Judge Merchan’s orders, Donald Trump imparts a lesson to his millions of supplicants: One of the three allegedly coequal branches of constitutional governance in the United States is illegitimate, should its decisions not break Donald Trump’s way.

The attack on the rule of law has, of course, been aided and abetted by the current disaster that is the U.S. Supreme Court–a Court that has been intentionally packed with far-Right ideologues.

It is, of course, a crisis now long in the making. Six mortals with lifetime appointments, five of them named by Republican presidents who never won a popular majority, routinely abandoning even the pretense of intellectual coherence and procedural norms to press changes in how the nation is governed, so right-wing they could never stand democratic scrutiny.

For instance, by seeking to strip the power of nonpartisan experts to adjudicate highly technical regulatory questions. Or to control the split-second decisions of doctors in emergency rooms about how to keep women alive. Or to usurp judgement of municipalities and states to decide who can carry concealed weapons of war—reserving those rights instead to, in order, the 535 members of Congress, the nutjob Republican majority in the Idaho legislature, and the made-up fantasies about the beliefs of powder-wigged men from back before bullets had been invented.

Perlstein went on to describe the truly bizarre arguments that have been advanced for Presidential immunity–and the even more grotesque musings of Justice Alito– in what he called the “aptly named” case of Trump v. United States.

So here we are.

In a very real sense, it is Trump and his cult versus the United States–at least the United States envisioned by the nation’s Founders. Not only does the MAGA movement pose an unprecedented threat to America’s democratic norms, it does so at a time when the multiple threats posed by climate change promise (at best) enormous social upheavals.

Perlstein argues that the political situation in which we find ourselves was “seeded” in Bush v. Gore, and from a legal standpoint, he may be right. But historians tell us that there has always been a portion of the American public that rejected the philosophical underpinnings of America’s constituent documents–citizens who have resisted every expansion of the civic equality and individual liberty at the heart of those instruments. Today, that resistance is most obvious in the hysterical backlash against women’s rights, “woke-ness” and efforts at racial inclusion.

Reactionaries have always been with us, but for most of our history, they’ve been on the fringes of political life. What is new–and arguably unprecedented–is that they have captured one of America’s major political parties. They have a Supreme Court majority, including two Justices who repeatedly and flagrantly violate judicial ethics. They have made no bones about their plans for 2025 and beyond, should they win in November.

Perlstein is right: treating the upcoming election as a typical horse-race ignores reality. A very dangerous reality.

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And The Evidence Mounts….

Yesterday, I posted about the 2018 book How Democracies Die. My “take-aways” were twofold: first, the authors located the source of today’s efforts to install an autocracy in the racism that has long been identified as America’s “original sin,” and second, they identified warning signs of institutional and normative breakdown.

Several things have changed since 2018, of course, and some of those changes have been positive. Biden’s victory in 2020–a resounding popular victory despite the desperate efforts of Trump and MAGA voters to de-legitimize it–and the failure of the much-anticipated “Red wave” in 2022 come immediately to mind. But other signs are more ominous–especially the pathetic acquiescence of elected Republicans to Trump’s and the far-Right’s increasingly public racism, and the unprecedented and blatantly-partisan behavior of members of the judiciary.

Two examples from just the past week.

The Governor of Texas, Greg Abbott, pardoned Daniel Perry, who had been convicted of murder for fatally shooting a demonstrator during a Black Lives Matter protest. Perry had been sentenced to 25 years in prison for killing Garrett Foster in downtown Austin in July 2020. Abbott’s hand-picked Board of Pardons and Paroles voted unanimously in favor of the pardon.

Witnesses at the trial had testified that the man Perry shot had never raised his weapon, and according to court records, in the weeks leading up to the protests, Perry had sent multiple racist messages about protesters, shared white supremacist memes and talked about how he “might have to kill a few people” who were demonstrating. In one, he compared the Black Lives Matter movement to “a zoo full of monkeys that are freaking out flinging their shit.”

Abbot’s pardon sends a strong–and horrifying–message: in Texas, elected officials will protect racists. Even murderous ones.

Then there’s the even more horrifying disclosure that–in the wake of the January 6th insurrection– a “Stop the Steal” symbol flew on Justice Samuel Alito’s lawn.

You need not be a lawyer to share Robert Hubbell’s reaction:

As a Supreme Court justice, Alito has been unapologetic in his efforts to defend Trump’s lawlessness. He has risen to Trump’s defense with gleeful spite and unveiled resentment against those seeking to hold Trump accountable under the Constitution.

On Thursday, the New York Times revealed that Alito’s home displayed an upside-down US flag during the fraught days after the January 6 insurrection. At the time, flying the US flag upside down was a symbol calling to “Stop the Steal” of the 2020 election from Trump. It was a call to insurrection—proudly displayed by a US Supreme Court justice sworn to defend and protect the Constitution. See New York Times, At Justice Alito’s House, a ‘Stop the Steal’ Symbol on Display.

In response to an inquiry from the Times, Alito said, I had no involvement whatsoever in the flying of the flag.
Notably, Alito did not deny the veracity of the photograph of the flag flying upside down on his lawn. He did not deny the symbolism of the upside-down flag. He did not deny that he was aware of its continued presence in front of his house. Instead, he blamed his wife, whom he claimed flew the “Stop the Steal” banner in response to anti-Trump signs in the neighborhood.

Alito’s response to the Times is a lie. He owns the flag. He owns the flagpole. He owns the property on which the flag was displayed. He permitted it to remain on display on his property. He, therefore, did have “involvement” in “flying the flag.” It does not matter that it was his wife who physically raised the “Stop the Steal” banner on the flagpole. Alito’s hair-splitting denial is misleading and incomplete—and therefore false.

As Hubbell notes, this leaves us with a second Supreme Court Justice whose spouse actively supported an effort to prevent the peaceful transfer of power.

Those justices—Alito and Thomas—are currently considering Trump’s presidential immunity defense to the indictment alleging that Trump attempted to subvert the election. Under any reasonable reading of Code of Conduct that applies to Supreme Court justices, Alito and Thomas should have recused themselves long ago (under Canons 2 and 3).

In a very real sense, Americans are still fighting the Civil War. Today’s Confederates are more geographically scattered, and the incidents of bloodshed and violence are being perpetrated by individual MAGA racists rather than by an organized Rebel army, but the White Supremacy beliefs motivating the combatants haven’t changed. More worrisome still, years of partisan efforts to subvert racial and religious equality and the rule of law have led to utterly scandalous, unethical, and judicially-unforgivable behaviors by two Justices of the highest court in the land–a profoundly dangerous institutional breakdown.

This is how democracies die.

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It’s All About Race

I’ve been working my way through the numerous books–both the physical ones and the ones on my Kindle–that have been piling up on my nightstand, and I’ve just finished How Democracies Die. It’s a book that has generated a lot of discussion, for obvious reasons. The two scholars who wrote it in 2018, Steven Levitsky and Daniel Zimblatt, have spent their academic careers focusing on the ups and downs of democratic governments around the globe. That focus has allowed them to draw conclusions about the normative elements that serve as guardrails protecting democratic institutions, and about the signs warning of democratic collapse.

There’s a lot to absorb from the book’s copious descriptions of democratic failures in a wide variety of countries–and the authors make no bones about the reality of the threat to American institutions posed by Donald Trump and the MAGA movement. It’s all pretty grim–and entirely persuasive.

That said, I was particularly struck by one of the book’s central observations–probably because it confirms my strong belief that support for Trump/MAGA is almost entirely rooted in racism.

About halfway through the book, the authors identified two democratic norms that are essential to a functioning democracy: mutual toleration and institutional forbearance. In other words, acknowledging the legitimacy of one’s political opponents, and “forbearing” to abuse or over-use institutional weapons like the filibuster or Mitch McConnell’s legal but shockingly undemocratic theft of a Supreme Court seat. Extreme polarization erodes those norms; as they write, when societies sort themselves into political camps whose world-views aren’t just different but mutually exclusive, toleration becomes harder to sustain.

When the authors analyzed what had allowed America’s politicians to sustain basic democratic norms for a period running roughly from the collapse of Reconstruction through the 1980s, they came to a very troubling conclusion–that during that time period, “The norms sustaining our political system rested, to a considerable degree, on racial exclusion.” To the extent that America operated with bipartisanship and experienced reduced polarization during that extended time period, those outcomes “came at the cost of keeping civil rights off the political agenda.”

In the final paragraph of Chapter Six, they write

America’s democratic norms, then, were born in a context of exclusion. As long as the political community was restricted largely to whites, Democrats and Republicans had much in common. Neither party was likely to view the other as an existential threat. The process of racial inclusion that began after World War II and culminated in the 1964 Civil Rights Act and 1965 Voting Rights Act would, at long last, fully democratize the United States. But it would also polarize it, posing the greatest challenge to established forms of mutual toleration and forbearance since Reconstruction.

That paragraph confirms what a growing body of research has verified–and what any semi-sentient observer can see. The election of Barack Obama unleashed the overt expression of formerly-suppressed hatreds. It seeded the growth of White Christian nationalism, the huge reaction against anything seen as “woke,” the efforts to de-legitimatize efforts at inclusion–and explains the utter inability of most reasonable, non-racist Americans to understand the animus and fury of the MAGA movement.

That paragraph explains so much–as does a sentence in the final chapter, in which the authors concede that it is “difficult to find examples of societies in which shrinking ethnic majorities give up their dominant status without a fight.”

Even a cursory look at the current crop of GOP nominees up and down the various state ballots shows them publicly expressing opinions that would have been met with horror not all that long ago. Anti-Black, anti-Semitic, homophobic…meanwhile, the numerous Republican campaigns expressing hostility to immigration from the south hardly bother to veil their racism.

It’s been a long time since the Civil War. It’s been a long time since the South was able to dismantle Reconstruction. These days, the country’s accelerating social and demographic changes are making it increasingly difficult to maintain the dominance of White Christians. It’s the recognition of–and hysterical reaction to– that reality that explains Trump and MAGA. How Democracies Die warns us of the way that movement threatens not just social peace/tolerance, but the continued operation of America’s democratic institutions.

I keep thinking about that slogan “The South will rise again.”

It did. It’s now called the Republican Party, and How Democracies Die documents a lesson we have yet to learn: the persistence of this country’s deep-seated racism poses an existential threat to human decency, civic equality and the continuation of American democracy.

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A Civics Lesson, Or Why I Love Jamie Raskin

Watching today’s House of Representatives too often reminds me of farce: Marjorie Taylor Greene and her ilk are so lacking in gravitas, so proudly ignorant, so strident as they parade their various prejudices and display their utter unfitness for elective office, the show they put on tends to overpower recognition of their more serious and/or able colleagues.

One of my favorites in that latter group is Jamin Raskin. I’ve followed Congressman Raskin since before he was first elected, actually–many years ago, my husband and I were in Washington, D.C., catching up with former Mayor Bill Hudnut and his wife Beverly. Bev was then in law school, and introduced me to her Constitutional Law professor, who–among other things– shared my obsession with civic literacy, and had produced a book for use by high school government teachers. That professor was Jamin Raskin.

During his tenure in Congress, Raskin has frequently called upon his academic background to explain America to his dimmer colleagues. One of my favorite examples was when he told an excessively pious lawmaker, “When you took your oath of office, you placed your hand on the Bible and swore to uphold the Constitution. You did not place your hand on the Constitution and swear to uphold the Bible.” (He recently repeated this to Mike Johnson, the current Speaker, who has frequently opined that “the bible comes first, before the Constitution.”)

He taught another lesson when he spoke out against the censure of Congresswoman Rashida Tlaib, who had made remarks that echoed long-time anti-Semitic tropes. In a press release, Raskin–who is Jewish–

urged the House to respect and protect the right to political free speech granted under the First Amendment and the Speech or Debate Clause by not using the House disciplinary process to punish Members’ political speech; warned of the chilling effects that politicizing and weaponizing the House’s censure mechanism would have on the speech of all Members; and noted that, in the history of the House of Representatives, the overwhelming number of censures have been for conduct, like taking bribes, embezzling funds, assaulting other Members, engaging in mail fraud, and having sex with pages, and that the only kinds of speech that have ever been punished have been true threats of violence, fighting words on the floor towards other Members, and incitement to insurrection and secession, none of which are protected by the Constitution and none of which are implicated here.

Raskin’s legal skills were evident when he managed Trump’s second impeachment.

And recently, when Congressman Glenn Grothman attempted to lecture Raskin on a perceived distinction between a “republic” and a “democracy,” Raskin outdid himself, providing Grothman with a history lesson.

The link is to CSpann, and I urge you to click through and watch Raskin deliver that brief but powerful lesson.

Raskin’s work ethic has been obvious, as he has continued to work during a recent bout with cancer and the unimaginable pain of losing a son to suicide.

There are undoubtedly other Jamie Raskins in “the people’s House,” with whom I’m unfamiliar. I focus on him because I’ve met him, because he actively defends important constitutional values, and because his wit and intellect and work ethic have all been particularly impressive, but I am confident that for every MTG, Jim Jordan, Paul Gosar and Jim Banks there are two or three serious elected Representatives trying to do a good job for their constituents at a particularly contentious time. (The recent bipartisan booing of MTG on the House floor was a welcome indicator that those individuals are as tired of performative politics as I am.)

Perhaps–if and when Americans tire of confusing political gravitas and legislative capacity with celebrity–we will be able to replace the Christian Nationalist “God squad” and other self-important know-nothings with people who are actually familiar with the Constitution and serious about producing legislation to improve Americans’ lives, and strengthen democratic values.

Like Jamie Raskin.

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Can We Spell “Quid Pro Quo”?

A number of media sources have reported on a recent meeting between Donald Trump and fossil fuel company executives, at which Trump–often described as a “transactional” personality–offered a deal: if the industry would put a billion dollars into his campaign, once elected, he’d get rid of government efforts to combat climate change.

These reports triggered a couple of immediate reactions for me: (1) “Transactional” is a nice word for acting like a mob boss. And (2) the reports should ease Democratic anxieties about young people potentially deserting Biden; the younger generation is (quite properly) the population most concerned with climate change.

Even the New York Times–which has been the traditional news source most likely to normalize Trump’s behaviors– reported on the proposed “transaction.”

Former President Donald J. Trump told a group of oil executives and lobbyists gathered at a dinner at his Mar-a-Lago resort last month that they should donate $1 billion to his presidential campaign because, if elected, he would roll back environmental rules that he said hampered their industry, according to two people who were there.

The executives who attended were from ExxonMobil, EQT Corporation and the American Petroleum Institute, which lobbies for the oil industry. According to the Washington Post, the dinner was organized by oil billionaire Harold Hamm, who has for years helped shape Republican energy policies.

Mr. Trump has publicly railed for months against President Biden’s energy and environmental agenda, as Mr. Biden has raced to restore and strengthen dozens of climate and conservation rules that Mr. Trump had weakened or erased while in office. In particular, Mr. Trump has promised to eliminate Mr. Biden’s new climate rules intended to accelerate the nation’s transition to electric vehicles, and to push a “drill, baby, drill” agenda aimed at opening up more public lands to oil and gas exploration.

Over a dinner of chopped steak, Mr. Trump repeated his public promises to delete Mr. Biden’s pollution controls, telling the attendees that they should donate heavily to help him beat Mr. Biden because his policies would help their industries.

“That has been his pitch to everybody,” said Michael McKenna, who worked in the Trump White House but did not attend the event in Florida.

Mr. McKenna said the former president’s appeal to the fossil fuel industry could be summed up as: “Look, you want me to win. You might not even like me, but your other choice is four more years of these guys,” referring to the Biden administration. He added, “The uniform sentiment of guys in the business community is ‘We don’t want four more years of Team Biden.’”

When asked for comment, a Trump spokesperson attacked President Biden, accusing him of being controlled “by environmental extremists” and “forcing Americans to purchase electric vehicles they can’t afford.” Actually, although Biden has pursued a robust climate agenda, he has balanced climate concerns with accommodation of America’s energy needs.

Mr. Biden has frustrated the fossil fuel industry by pursuing the most ambitious climate agenda in the nation’s history. He has signed a sweeping law that pumps $370 billion into incentives for clean energy and electric vehicles and has enacted a suite of tough regulations designed to sharply reduce emissions from the burning of oil, gas and coal.

This year, the Biden administration paused the permitting process for new facilities that export liquefied natural gas in order to study their impact on climate change, the economy and national security.

But the fossil fuel industry has also enjoyed record profits under the Biden administration. Last year, the United States produced record amounts of oil. And even with the pause in new permits for gas export terminals, the United States is the world’s leading exporter of natural gas and is still on track to nearly double its export capacity by 2027 because of projects already permitted and under construction.

Mr. Biden has also approved several oil and gas projects sought by the fossil fuel industry.

He has authorized an enormous $8 billion oil development in Alaska known as the Willow project. He also granted a crucial permit for the Mountain Valley Pipeline, a project championed by Senator Joe Manchin III, a West Virginia Democrat, despite opposition from climate experts and environmental groups. Last month, undeterred by opposition from climate activists, the Biden administration also gave approval for an oil export project in Texas known as the Sea Port Oil Terminal.

That’s clearly not enough for our fossil fuel overlords, who may well accept the “deal” Trump is offering. As one wag posted on X (formerly Twitter):

A second Trump term may involve suspension of the Constitution, the purging of the civil service, and the military deployed in American streets. But what will it mean for gas prices?

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