Category Archives: Public Policy and Governance

Josh Marshall Hits A Home Run

Talking Points Memo just celebrated 25 years of online political reporting. It’s a “go-to” source for many, if not most, political observers. Heather Cox Richardson, among others, frequently cites publisher Josh Marshall, and TPM is one of my trusted sources for insightful political analysis.

In a recent column, Marshall proposed a basis for evaluating Senators, and I strongly agreed with his criteria for “purging” those who don’t pass his tests. He identifies a series of issues that he says can give voters “a clear indication of whether they are serious about confronting the challenge of the moment or battling back from Trumpism.” He analogizes the process to a status interview you might hold if you were a new manager hired to turn around a failing company–a “sit down” with every employee to determine whether they’re part of the solution or part of the problem.

Marshall identifies five issues. The first is the filibuster. He writes that lawmakers who support keeping the filibuster “are not serious about moving the country forward in any positive direction.” Support for the filibuster means that Senator should be primaried and removed from office, because absolutely none of the legislation that is required to repair America’s government can happen with the filibuster in place. As he writes, “If you support the filibuster that means that your response to Trumpite autocracy is to do nothing and hope for the best. That’s unacceptable and you need to go.”

The second identified issue is Supreme Court reform. Marshall notes that it is only within the past two or three years that he has reluctantly come to that conclusion, which has been forced by the corruption of the Court majority.

They have cut free not only from precedent but from any consistent or coherent theory of the Constitution, no matter how wrongheaded. The purpose of the high court is not to run the country. It is to render decisions on points of constitutional and legal ambiguity in a good faith and broadly consistent manner. It is now engaged in purely outcome-driven reasoning, mixing and matching doctrines and modes of jurisprudence depending on the desired ends, with the aim of furthering autocratic and Republican rule. That is the heart of the corruption. Passing laws doesn’t matter if they can and will be discarded simply because six lifetime appointees don’t like them. That’s a perversion of the constitutional order. I know this one is hard to swallow for many people. It doesn’t come easily to me either. But the facts of the situation and fidelity to the Constitution require it.

Like Marshall, this conclusion was difficult for me, but the sheer intellectual dishonesty of the majority has convinced me that we will not return to the rule of law without substantial Court reform.

Those first two criterions are Marshall’s “most important,” because without them, the next three won’t happen.

Number three is (finally!) making DC and Puerto Rico into states. He acknowledges that this isn’t as essential as the first two, but it’s very important, and it’s the right thing to do. DC and Puerto Rico should in fact be states. It really is bizarre–and unfair–that citizens living in two U.S. jurisdictions simply don’t have the political rights that every other American enjoys.

We now know that Marshall’s number four is especially important. He calls it “clearing the law books.”

As we’ve seen over the last year, the U.S. federal code is full of laws which assume the sitting president broadly supports the federal Constitution, civic democracy and the best interests of all American citizens. We know now that that is a dangerous assumption. There are lots of laws which grant the president vast powers if things get super weird. And the president is in charge of deciding whether they’re weird. A lot of this is the dirty work of the corrupt Republican majority on the Supreme Court. But a lot of the laws are genuinely far too ambiguous. We need to change all of those laws. That involves potentially creating different harms by weakening the presidency. There are cases when you want a president to be able to move expeditiously and effectively in emergencies. Laws will have to be revised with that contrary danger in mind. But right now the balance is far too much in the direction of presidential power.

And number five? Here, Marshall proposes something near and dear to my heart: outlawing gerrymandering with a federal legal framework governing how maps can be legitimately drawn.

As Marshall acknowledges, it’s not an exhaustive list. But it would be a strong beginning.

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THE Question

I know, I know. I keep coming back to what has been the most confounding question of the past decade: why on earth would any sane voter cast a ballot for Donald Trump? The man is personally repulsive, obviously both ignorant and mentally ill and just as obviously totally disinterested in the job of governing.

That question arises again in the context of the Epstein files. 

One of the newsletters I read each morning is Robert Hubbell’s, and a couple of days ago, it included a paragraph that amplified the sheer incomprehensibility of Trump support. Hubbell wrote,

Trump’s presidency began with and was facilitated by a cover-up of a sex scandal involving Stormy Daniels. Trump won despite the Access Hollywood tapes in which Trump described his behavior in a way that can fairly be described as that of a sexual predator. Indeed, the E. Jean Carroll defamation case led to a finding by a civil jury that Trump likely engaged in sexual abuse of Carroll that matched his modus operandi described in the Access Hollywood tapes.

No other president of the US—past or future—would have or could survive a single one of the multiple sex scandals that Trump has endured.

Add to that absolutely accurate observation a discussion in the Contrarian of where Americans currently find ourselves as the result of the “performance” of this petulant toddler: the job market has crumbled; the affordability crisis is getting worse with health insurance costs set to skyrocket; the rich and Trump-connected are making out like bandits; and an increasingly decrepit president couldn’t care less about Americans. (In fact, he’s willing to maximize their pain).

Why in the world do approximately a third of our fellow Americans support this bloated excuse for a functioning human? I can only assume that his obvious hatred for the people they hate–those despised “others”–is enough to outweigh not only the daily evidence that he is personally corrupt and despicable, but the incredible harm he is doing to the country–very much including his supporters.

Rather obviously, this conundrum leads to a second question: will the slow-rolling but seemingly inexorable Epstein disclosures be enough to finally shatter the MAGA cult’s inexplicable worship? It’s speculative, but Bill Moreau–founder of the essential Indiana Citizen–recently reminded me that last Thursday was the 100-year “anniversary” of the conviction of the KKK’s D.C. Stephenson.

The 1925 trial of D.C. Stephenson, the powerful Grand Dragon of the Indiana Klan, followed the abduction and assault of Madge Oberholtzer, a 28-year-old state education official. Oberholtzer’s dying statement, taken days after she was attacked, led to Stephenson’s conviction for second-degree murder on November 14, 1925. Once seen as untouchable, Stephenson’s downfall sent shockwaves through state government, revealing how deeply the Klan’s influence had reached.

That reminder brought me back to Hubbell’s observation–and the uncomfortable possibility that racist citizens will no longer desert a man who is demonstrably guilty of truly heinous behaviors. Trump has already been revealed as a felon and a predator–unless someone is immersed in MAGA’s alternate reality, they can’t help but be aware of the Access Hollywood tape, the payoff to Stormy Daniels, the 26 women who have accused him of sexual assaults, and the verdict obtained by E. Jean Carroll. (Is the fact that–at least as far as we know– he hasn’t killed and mutilated any of the complainants enough, in MAGA’s eyes, to absolve him?)

It has become abundantly clear that Trump’s disastrous presidential performance– his corruption and ignorance, his pathetic, incompetent Cabinet, his frenzied efforts to rig the upcoming midterm election, his insane rantings on Truth Social–haven’t shaken the support of his rabid base, or caused the defection of the cowardly Republicans currently “serving” in the House and Senate. Thus far, neither has the abundant and clear evidence of his sexual crimes.

Will the inevitable Epstein disclosures finally do to Trump what they did to D.C. Stephenson? I guess we’re about to find out. 

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The Continuing War On Science

AP had a recent headline warning that the numerous anti-science bills hitting America’s statehouses are stripping away public health protections that have taken over a century to pass. The headline triggered my recollection of the MAGA “freedom” folks who refused to get vaccines or wear masks during the pandemic. Subsequent research tells us they died in far greater numbers than those who listened to their doctors.

According to the AP, more than 420 anti-science bills have been introduced across the U.S. just this year, attacking longstanding public health protections. Primary targets have been vaccines, milk safety and fluoride. The publication notes that the bills are part of an “organized, politically savvy campaign to enshrine a conspiracy theory-driven agenda into law.”The proponents of these bills like to portray the MAHA movement as a grassroots uprising, but it turns out that it is being fueled by a “web of well-funded national groups led by people who’ve profited from sowing distrust of medicine and science.”

Data confirms that globally, vaccines have saved more than 150 million lives since 1974, that cavities have declined dramatically since community water fluoridation began, and that milk pasteurization has saved millions from foodborne illness, but data and logic–not to mention those “elitist” doctors and dentists and scientists–are dismissed by the gullible targets of those “well-founded” groups as evidence of some sort of global conspiracy.

History tells us that science denial–especially in the field of medicine– has been a constant, especially among fundamentalist religious believers. (When smallpox vaccines first came on the scene, religious figures who embraced the new science, like Cotton Mather, were accused of being “ungodly,” since smallpox was obviously God’s punishment for sin, and man had no business interfering with God’s judgment.)

Science denial isn’t limited to medical interventions, of course. The Trump administration and its MAGA base firmly deny the reality of climate change, despite what should be the evidence of their own eyes. (As I type these words into a computer–a product of technology that is based upon science–it is nearly 70 degrees outside. In NOVEMBER. Not to mention the increasing intensity of storms, rising ocean levels…). The administration has withdrawn from international efforts to ameliorate the greenhouse gases that science tells us are responsible, and as I reported yesterday, has bullied other nations in order to keep others from doing so.

When the administration announced it would refuse to send representatives to the United Nations’ climate conference in Brazil, California Governor Gavin Newsom announced that he would attend to represent the country–demonstrating that some American politicians understand what’s at stake. Newsom pointed to the insanity of America doubling down on hydrocarbons while the rest of the world is “sprinting ahead on low-carbon green growth. For me, it is about our economic competitiveness, period, full stop.”

Newsom is right that science denial harms the country’s economic competitiveness, but it’s a lot worse than that. It’s evidence of unwillingness to accept–and deal with–reality.

When people reject well-supported scientific consensus, whether for social, political, or emotional reasons, the damage isn’t limited to public health, although that may be where the damage is most visible. Denial of facts makes for harmful (and stupid) public policies and makes productive political debate impossible.

In a recent book, “Science Denial: Why it Happens and What to Do About it,” two psychology professors explored the subject. In an interview, both noted the enormous effect of social media on the phenomenon–science denial is immensely amplified by social media algorithms, spreading disinformation globally.

And of course, denialism is exacerbated by widespread scientific illiteracy. Most people have no idea what the term “scientific theory” means.

In normal conversation, we use the term theory to mean “an educated guess.” But in science, the word has a very different meaning; a scientific theory is anything but a guess. The scientific method involves summarizing a group of hypotheses that have been successfully and repeatedly tested. Once enough empirical evidence accumulates to support those hypotheses, a theory is developed that can explain that particular phenomenon. Scientific theories begin with and are based on careful examination of observed–and observable– facts. Furthermore–unlike religious dogma–scientific theories are always open to revision based upon new observations or newly discovered facts.

People who don’t understand the way the scientific method works or the extent to which it relies on demonstrable facts are easy prey for disinformation and conspiracy theories. Unfortunately, there are a lot of them–and a country governed by and populated with people who reject science is a country rapidly going in the wrong direction.

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Trump: On The Wrong Side Of Everything

One of the most annoying aspects of living under the Trump/MAGA regime is the sheer extent of its venality and stupidity. When I first began writing these daily observations, there would come times when I would begin on “empty”–when I couldn’t readily come up with a subject, and would cast around for ideas. That’s no longer the case. Every day, when I sit down at my computer to produce another blog post, I’m confronted with an avalanche of harmful, corrupt and indecent actions of this administration. My issue these days is what to choose from the onslaught.

It turns out that Trump’s AI post after the No Kings protests was accurate–he really is shitting on the country.

Today, my chosen subject is the incredible, truly evil lengths this administration has gone to in its fight to undermine efforts to combat climate change.

The New York Times has reported on one such effort–an effort that was, unfortunately, successful.

More than 100 nations were poised last month to approve a historic deal to slash pollution from cargo ships. That’s when the United States launched a pressure campaign that officials around the world have called extraordinary, even by the standards of the Trump administration’s combativeness, according to nine diplomats on its receiving end.

I have previously compared Trump to a Mafia Don, and the report amply confirmed the resemblance. An Asian ambassador was warned that if he voted for the plan, sailors from his country wouldn’t be allowed to disembark at American ports. Caribbean diplomats were threatened with being blacklisted from entering the United States. And according to the Times, Marco Rubio, the U.S. secretary of state, “personally called officials in several countries to threaten financial penalties and other punishments if they continued to support the agreement to cut ship pollution.”

These and other threats, including tariffs, sanctions and the revocation of diplomats’ U.S. visas, effectively killed the deal, according to the nine American, European and developing-nation diplomats directly involved in the negotiations. They spoke on the condition of anonymity out of fear of retribution from the Trump administration.

Although officials of the White House, State Department and Department of Energy denied making personal threats or engaging in tactics of intimidation, they did acknowledge derailing the deal and repeated their strong opposition to efforts to address climate change. They justified their opposition by asserting that the shipping fee would have hurt the American economy. (Like Trump’s insane tariffs haven’t done enough to hurt it all by themselves…)

But foreign diplomats said they were stunned by what they described as “nasty” and “very personal” threats made by State Department officials, which were mostly aimed at leaders from poorer or small countries that are economically dependent on the United States. Some of the delegations were summoned to the U.S. Embassy in London for these discussions, these people said.

Most countries had been ready to vote for the plan, which would have imposed a fee on heavily polluting vessels to push the industry to clean up. It was negotiated over several years by the International Maritime Organization, a United Nations agency that oversees shipping policy.

But the Trump administration was able to block the vote, the nine diplomats said, after numerous countries backed away in the face of the threats from the Americans.

The Trump administration has consistently denied the reality of  climate change and has opposed any and all climate policies that might negatively affect fossil fuel interests . Promoting the sale of U.S.-produced oil, gas and coal is said to be a top administration priority. The administration has refused to send a representative to the UN climate summit in Brazil, to emphasize Trump’s rejection of the reality of climate change, and Trump is–once again– withdrawing the U.S. from the 2015 Paris agreement. Trump–arguably the most intellectually-limited person ever to occupy the Oval Office–has called global warming the “greatest con job ever perpetrated on the world” and has said that the science was developed by “stupid people.”

The shipping fee had been negotiated over decades and would have been a major step toward the elimination of greenhouse gas emissions from the shipping industry. Under the deal, large cargo ships would have paid a fee if their carbon dioxide emissions exceeded a certain level.

Senator Sheldon Whitehouse had a reaction to the administration’s tactics that was very similar to mine. He reportedly compared the administration’s bullying to that of  “a bunch of gangsters coming into the neighborhood and smashing windows and threatening shop owners.” He described the administration’s strategy as a “shock-and-awe thuggery approach.”

Does anyone have a horse’s head handy?

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Indiana’s Embarrassing AG

He’s at it again.

I don’t know how many pixels I’ve wasted on discussions of Indiana’s ridiculous Attorney General, Todd Rokita. When I took a look at the history of this blog, I realized that reports of his problematic behaviors began while he was still in Congress, and  accelerated when he became AG. 

Rokita’s self-importance isn’t matched by even a modicum of self-awareness, a lack that has led to admonitions of him from Indiana’s all-Republican Supreme Court. His tireless efforts to play to the craziest fringes of MAGA (and those are some fringes!) have led to his efforts to smear the IU Ob-Gyn who performed a legal abortion on  a ten-year-old rape victim, a recent request that the Trump administration send federal troops to Indiana, and his maintenance of an unvetted list of school teachers who are reportedly sharing “woke” positions in their classrooms.

Rokita’s sustained assault on public education has erupted again, via a bizarre lawsuit Rokita has filed against Indianapolis’ Public Schools for failure to assist ICE in terrorizing students. IPS has had the nerve to demand legal authority before allowing ICE agents into its classrooms.

As the Indiana Capital Chronicle reported, Rokita “filed suit against Indianapolis Public Schools — with help from a conservative think tank — accusing the state’s largest public school district of ‘thwarting’ federal immigration enforcement.”

In response, the IPS board re-affirmed the district’s commitment to “ensuring safe, supportive, and welcoming learning environments for all students.” (It isn’t difficult to picture the eye-rolls that must have accompanied the response–and the “here he goes again” sighs…) Per IPS,

As has always been the case, we will continue to uphold the law while keeping these commitments,” the board added, before knocking Rokita’s intentions.

While IPS takes all legal obligations seriously, we respectfully hope that all concerned parties will recognize the heavy burden that silly litigation and political posturing places on students, families, and taxpayers,” the statement continued. “Every dollar spent on defensive legal posture is a dollar not spent on instructional support, teacher development, student services, or enrichment. In this case, Mr. Rokita prefers those dollars go to fight gratuitous political battles, as has too often been the case.

A very tactful way of saying “we really don’t want to pay for his incessant grandstanding.”

IPS requires that officers have a warrant signed by a judge unless there is an emergency situation, and the school system’s legal counsel must authorize the access. That policy certainly appears reasonable; after all, school systems are legally charged with acting in loco parentis, and with safeguarding the children in its care. Rokita, however, argues that the district should allow individual employees to “voluntarily comply” with ICE demands.

Rokita’s office began “investigating” (harassing) IPS in February, and communications have evidently gone back and forth since, with Rokita’s most recent demanding immediate changes.  As the IPS response noted,

Unfortunately, despite taking six months to craft his opinion on IPS’ policies, Mr. Rokita permitted only five business days from the time IPS received his review to respond, and then refused IPS’ request for any additional time….Yet, these important issues deserve thoughtful, deliberative weighing of important legal rights — not impulsive, superficial efforts for political gain.

Board members also criticized Rokita’s use of the term “aliens” for noncitizen children and their families, accusing him of  “willfully dehumanizing” them.

Assisting Rokita in this effort at bullying the system is something called the America First Policy Institute. (I guess a name really does say it all…) The institute says the Indiana case is part of its mission to hold “rogue” government entities accountable. Evidently, it’s “rogue” to protect children from being terrorized without legal authority.

In the wake of the suit, the Indiana State Teachers’ Association affirmed its belief that “every child in Indiana, regardless of background or immigration status, has the right to a safe and welcoming public school.” The organization confirmed the  professional and moral responsibility of educators “to protect the wellbeing of their students and ensure schools remain places of learning, trust and stability….Turning schools into extensions of immigration enforcement threatens that trust and undermines the learning environment every student deserves. Our focus must remain on educating and protecting students, not politicizing their safety.”

A local immigration attorney interviewed by WTHR believes the lawsuit is part of an effort to increase ICE’s presence in Indianapolis, and characterized it as fear mongering playing to the base….”the idea of federal agents often masked and in full uniform and flak jackets going into schools is just diabolical.”

It would be nice if Rokita would stop his constant pandering to MAGA’s looney-tune fringe and spend some time doing the job he was elected to do, but I’m not holding my breath…

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