Category Archives: Public Policy and Governance

Falling Off The Cliff..

America’s MAGA Governors are increasingly divorced from reality.

I was struck by the title of a recent op-ed by Eugene Robinson in the Washington Post: “Ron DeSantis’ political War on Disney Makes Trump Look Reasonable.”

You really have to fall far, far off the sanity cliff to make Donald Trump look reasonable, but Robinson makes a compelling case.

I mean, seriously, what kind of governor threatens the revenue of a company that is his state’s biggest private employer, No. 1 corporate taxpayer and most popular tourist attraction? For that matter, what kind of self-proclaimed conservative Republican believes a governor has the right to punish a corporation for publicly disagreeing with his policies?

The battle DeSantis has chosen to wage against Walt Disney World always seemed petty and ill-advised. It now looks obsessive and weird — and I fear it tells us something alarming about the man who is running second in the polls, behind Donald Trump, for the 2024 Republican presidential nomination.

DeSantis’ obsessive need to punish a private company that dared criticize him has evidently been supercharged by the fact that Disney outfoxed him.

DeSantis wanted to take away Disney’s near-total control over the county Disney World inhabits. An agreement from the 1960s gave the company its own taxing district –along with responsibility for policing, firefighting, road maintenance and other government-like duties.

DeSantis had a tough, “anti-woke” oversight board all set to take charge of the special district and show Disney who’s boss — only to learn, late last month, that the Disney-friendly outgoing board had signed an agreement stripping the new board of its power and allowing Disney to continue operating with near-total autonomy for the foreseeable future.

Rather than walking away from further confrontation, DeSantis is asking Florida’s legislature to reverse Disney’s maneuver while ranting about punishing the company — the state’s biggest employer — by developing the land around Disney World in ways that would repel paying customers. “Maybe try to do more amusement parks,” he said at a news conference. “Someone even said, like, maybe you need another state prison.”

As if attacking the premier tourist attraction in his state for daring to disagree with him wasn’t insane enough, DeSantis and his compliant legislature are also continuing their destructive vendetta against the state’s universities.

But they’ll have trouble out-crazying Texas.

Talking Points Memo recently reported on a vote by the Texas Senate to end tenure at the state’s three dozen or so public universities.

Many observers in Texas think it’s unlikely that the tenure ban will pass the GOP-controlled Texas House. I hope that’s right. But even if it dies there, we have to reckon with how far Texas senators were willing to go.

As the article noted,

SB 18 would eliminate tenure only for newly hired professors and would allow a university system governing board to set up its own system of “tiered employment” for faculty, as long as professors receive an annual review. 

But let’s not kid ourselves. Eliminating tenure for new hires would put Texas universities at an extreme disadvantage when recruiting faculty. It would cripple many graduate programs. It would inject politics deeply into university management and administration. It would allow state government to play the same kinds of games with higher ed that they love foisting on elementary and secondary educators.

In Florida, DeSantis has pursued an unremitting assault on state educational institutions–from censoring the books that can be used in its public schools, to “don’t say gay” bills, to a variety of attacks on anything the Governor–in his warped worldview–considers “wokeness” on college campuses.

Recent research suggests these attacks on their universities will dramatically reduce the number of high school graduates willing to consider pursing higher education in either state. Axios has reported on a recent study showing college choices increasingly affected by state politics.

Although both liberal and conservative high school graduates affirmed the importance of the state’s political climate to their choice of colleges, young liberals outnumber conservatives by some 2-1, making this a much bigger problem for Red states. One finding should concern Indiana as well as Florida and Texas.

Among all college students, the support for states that have greater access to abortion is by an overwhelming 4-to-1 margin, including two-thirds of Republicans who said they prefer states with less restrictive abortion laws. It’s also a pronounced winner among women (86%) and men (74%) alike.

Prospective students aren’t the only ones avoiding states with abortion bans. The Washington Post has reported a steep drop in applicants for obstetrics and gynecology residencies in those states–drops that will deprive residents of critically-needed medical care. 

DeSantis and Abbott are depressingly representative of today’s Republican lawmakers– a collection of loony-tunes aspiring autocrats pursuing suicidal policies repellent to anyone outside crazy MAGA world.

As my grandmother would have said, “A wellness it isn’t.”

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What If…

What if the rational majority of Americans decided to reject the nation’s culture warriors and their grievances? What if they went to the polls and rejected the candidates who were appealing to their fears and biases?

What if the gratifying results of the country’s school board races that took place earlier this month in several states were “leading indicators” of that rejection?

The above link will take you to a Politico article headlined, “Why GOP Culture Warriors Lost Big in School Board Races this Month,” and it began with the following paragraphs:

Amid all the attention on this month’s elections in Wisconsin and Illinois, one outcome with major implications for 2024 flew under the national radar: School board candidates who ran culture-war campaigns flamed out.

Democrats and teachers’ unions boasted candidates they backed in Midwestern suburbs trounced their opponents in the once-sleepy races. The winning record, they said, was particularly noticeable in elections where conservative candidates emphasized agendas packed with race, gender identity and parental involvement in classrooms.

The article went on to suggest that the results ought to serve as a warning to the Republican presidential hopefuls who are emphasizing those culture-war themes.(Trump, DeSantis et al are unlikely to heed that warning. Culture war is all they have.)

Appeals to racial and religious grievance might play well in Republican primary elections, but a variety of indicators–including this one–raise the likelihood that General election voters will be less interested in crusades against critical race theory, transgender students and Black Lives Matter activists than they are in a working government, just as the recent school board elections brought out voters more interested in funding schools and ensuring that students are safe than empowering aggrieved parents to censor what goes on in the classroom.

“Where culture war issues were being waged by some school board candidates, those issues fell flat with voters,” said Kim Anderson, executive director of the National Education Association labor union. “The takeaway for us is that parents and community members and voters want candidates who are focused on strengthening our public schools, not abandoning them.”

A recent column by Harold Meyerson in the American Prospect considered a radical idea: What If we fixed the public schools rather than destroying them?

Watching the news, you might think that teachers are the most disrespected workers in America. Reading state budgets, you might think they’re the most underpaid.

That first assertion is true only if you limit your intake to the anti-teacher jihads that the right is currently waging. As poll after poll makes clear, however, the great majority of Americans actually think well of their teachers—and perhaps even more important, support their freedom to teach. If anything, the polling here is even more lopsided. As one recent CBS News/YouGov poll showed, when asked if books used in public schools should “ever be banned for criticizing U.S. history,” fully 83 percent of the public answered “no.”

Meyerson’s column began by listing numerous, thorny problems currently confronting American public education, and noted that those challenges had been addressed in a recent, major address by Randi Weingarten, the current President of the American Federation of Teachers.

The right’s current attacks on public education, she began, have to be viewed as an effort to destroy it. Florida Gov. Ron DeSantis’s universal voucher program, which he signed into law on Monday, will reduce support for his state’s public schools by $4 billion—this in a state, she noted, that already ranks 44th in per-pupil spending and 48th in average teacher pay.

After listing a number of the AFT’s current programmatic efforts, Weingarten concluded her speech by saying that “Teachers should have the freedom to teach, and students should have the freedom to learn. A great nation does not fear people being educated.”

To which I would add: a great nation doesn’t fear an electoral system that facilitates, rather than impedes, citizens’ efforts to vote. A great nation accedes to the will of its electorate, and declares the winner of each election to be the candidate who garners the most votes. A great nation doesn’t fail to act decisively when faced with evidence of judicial corruption.

What if, in addition to fixing our public schools, America’s rational majority voted to fix the nation’s democratic institutions?

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Time For A Realignment

Recent events have increased my belief that the U.S. is at a political tipping point.

In the past few weeks, in addition to the mass shootings that are now horrifyingly routine, we’ve seen Tennessee’s gerrymandered White Republican legislature expel two young Black Democrats who breached “House Order”–despite that body’s unwillingness to expel White Republicans accused of sexual misconduct and criminal activity.

Immediately after a jury found a defendant guilty of intentionally murdering a Black Lives Matter demonstrator, Greg Abbott vowed to pardon him.

Then, thanks to Pro Publica– in deeply-researched reports which have once again underlined the importance of a free and vigorous press–Americans learned that Clarence Thomas’ corruption extends well beyond his widely-criticized refusal to recuse himself from cases involving organizations with which his wife has been active. Not only did Thomas accept trips on yachts and luxurious accommodations worth millions from his “dear friend” Harlan Crowe (a “friendship” that began five years after Thomas joined the Court), not only did Crowe’s purchase of real estate from Thomas (at an evidently inflated price)  go similarly unreported, we’ve also learned that Crowe’s creepy collection of memorabilia includes two pictures painted by Hitler and a signed copy of Mein Kampf. 

We also learned that, early in their “friendship,” Thomas had reported some of those gifts, but when those reports generated criticism, rather than stop accepting them, Thomas stopped reporting them.

It isn’t just Clarence Thomas.

For years, the American public ignored the legal profession’s exhortations about the importance of the judicial branch, and the need to vote against lawmakers intent upon elevating ideologues to the bench. It’s not just Thomas and the rabidly conservative bloc that now dominates the Supreme Court; thanks to a rogue Texas Judge,  a lot more people understand the importance of an intellectually honest, honorable and professionally competent judicial branch.

A federal judge in Texas issued a preliminary ruling invalidating the Food and Drug Administration’s 23-year-old approval of the abortion pill mifepristone, an unprecedented order that — if it stands through court challenges — could make it harder for patients to get abortions in states where abortion is legal, not just in those trying to restrict it.

Kacsmaryk’s ruling wasn’t unexpected. Since Trump placed him on the bench, this poster boy for judicial activism has been the choice of forum-shopping rightwing extremists who’ve responded to clear signals that he would ignore legal precedents that conflicted with his religious beliefs.  Among other numerous legal deficits, this particular decision ignored a six-year statute of limitations, rules governing standing, and sound science.

Worse–as two hundred drug companies pointed out in a letter blasting the decision,

“The decision ignores decades of scientific evidence and legal precedent,” the drugmakers wrote. “Judge Kacsmaryk’s act of judicial interference has set a precedent for diminishing FDA’s authority over drug approvals, and in so doing, creates uncertainty for the entire biopharma industry.”

Should the decision be upheld, the consequences of second-guessing the experts at the FDA decades after the fact would threaten investment in all new medications, not just those related to reproduction.

Meanwhile, Rightwing activists and lawmakers are continuing their attacks on local school boards and libraries, and Republican legislators in Red states continue to focus mean-spirited and dishonest attacks on trans children and the medical professionals who treat them.

The narrow focus on transgender folks is strategic. Polling has confirmed that significant majorities of Americans now support same-sex marriage and anti-discrimination laws protecting LGBTQ+ citizens, making wholesale attacks on the gay community politically  unwise.

Nearly eight in ten Americans (79%) favor laws that would protect gay, lesbian, bisexual, and transgender people against discrimination in jobs, public accommodations, and housing, including 41% who strongly support them.

Trans children are more vulnerable–in more ways than one.

As Jennifer Rubin wrote in the Washington Post

It is one thing to gin up the base on invented threats from critical race theory or the “great replacement theory.” But when the MAGA movement’s judges begin to inflict radically unpopular edicts on those outside the right-wing audience, that risks sparking a counter-response: a determined, broad-based movement insistent that the United States not turn the clock back on decades of social progress….

The more the Supreme Court diverges from overwhelming public sentiment on issues such as abortion, guns and voting rights, the more strength and more allies the progressive movement may gain.

Add to all this the ongoing antics of the buffoons in Washington whose behavior continues to prevent anything remotely resembling thoughtful governance, the  constantly unraveling spectacle that is Donald Trump, and the increasingly overt racism and misogyny that pervades today’s GOP.

Walter Dean Burnham once argued that there’s a 30–38 year “cycle” of political realignments.

We’re overdue, but the signs are there.

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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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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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