Category Archives: Random Blogging

About That Civil War

I’ve been brooding a lot over the fragmentations and hostilities of American life, and the gloomy predictions of a “civil war”. Since America’s divisions tend to fall along lines of urban and rural, a traditional “war” featuring some sort of widespread armed conflict is unlikely and impractical, but the “sides” are pretty clearly arrayed, and we seem incapable of talking to or understanding each other.

I especially thought about the growing differences of Americans’ realities a couple of weeks ago. We were driving home from South Carolina, where for the past forty-plus years our family has enjoyed a summer week at the beach. We used to take the  state’s (relatively) major roads from our place at Litchfield Beach to Columbia, where we accessed the interstate, but since the advent of GPS, we’ve been able to save time by following directions along the lines of “take a right through farmer Brown’s sorghum field, then go 500 feet and turn onto narrow, scary unpaved county line road…(Okay, that may be a bit exaggerated, but it is amazing how desolate some parts of our country remain, and how long you can drive without encountering human habitation…)

What isn’t exaggerated is the isolation through which the GPS took us. We would go miles and miles without passing a gas station or seeing anything remotely resembling a town. We would, however, occasionally pass a trailer that had seen better days, often with an equally-dilapidated truck or van sitting in an un-mowed yard. Other times, we would pass a more substantial small home sitting forlornly in a field, alone and–so far as we could tell– far from neighbors or shops.

I cannot help wondering about the people who live in these homes. Do they have internet access? Television? Where is the nearest school, and do they have children who attend that school? Is there a library anywhere close? Where’s the nearest grocery? (Given the number of churches we pass on these trips–far, far more numerous than gas stations– I do know there’s a church near by, although I have no idea whether it is the “right” church…)

So here’s the thing.

Living in the heart of a mid-sized city, my experience of American life is radically different from the experience of the folks who inhabit these precincts. It isn’t a matter of “better” or “worse” (although we all have our prejudices)–it’s a matter of really dramatic distance. The skill sets of people who must fix their own cars, grow much of their own food, and rely on their immediate families and fellow religious congregants  for the bulk of their human interaction is obviously different from that of city dwellers who live near multiple other people–most of whom don’t go to their church or share their backgrounds or experiences.

Although I’d be the first to admit that I have no way of knowing, I’m pretty sure that the things I fear are not the things these folks fear. It’s also likely that the things I know and am familiar with are very different from the things they know and are familiar with, just as our respective skill-sets are likely to be very different. 

How do we talk to each other as Americans? What does being an American mean to each of us? Are there areas of agreement, of commonality? 

Research confirms that MAGA true believers come disproportionately from these very rural environments, and that many of these inhabitants deeply resent the “elitists” and “woke folks” they think occupy urban America. Urban dwellers can be equally dismissive of rural folks.  

As a 2018 Pew study reported,

Against this backdrop, a new Pew Research Center survey finds that many urban and rural residents feel misunderstood and looked down on by Americans living in other types of communities. About two-thirds or more in urban and rural areas say people in other types of communities don’t understand the problems people face in their communities. And majorities of urban and rural residents say people who don’t live in their type of community have a negative view of those who do.

A 2020 study by scholars at  Washington University found  that the urban-rural political divide is rooted in geography and not merely differences in the type of people who choose to live in these places. How close people live to a major metropolitan area (defined as cities of at least 100,000) and the population density of that urban environment significantly affect political beliefs and partisan affiliations. The researchers found that “The distance we live away from a metropolitan area shapes what we think about the political world and the partisan labels we adopt.”

There really are two Americas, and they are increasingly at odds. Perhaps it isn’t “civil war”–but it’s uncomfortably close. 

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It Isn’t Just The Bar Exam…

The New Republic recently printed an essay devoted to one of the many, many less tragic but nonetheless unfortunate consequences of the decisions issued this term by our rogue Supreme Court–the fact that the Court has upended the lives of students studying for the bar exam.

I know whereof the author speaks. A couple of weeks before the essay appeared, I had lunch with a good friend and his daughter, who had just graduated from the University of Michigan law school and was studying for the bar exam. She had been an excellent student, but was now stymied about how to answer questions about what she’d been taught were basic principles of American jurisprudence. What should she do in the wake of the Court’s string of radical departures from what she’d been taught was settled law?

Snark that I am, I suggested starting every answer with “Until this year, the law was…” But of course, that assumes the exam consists largely of essay questions.

As the author of the article in the New Republic put it

Picture the scene: It’s the summer after I graduated from law school and a day that ends in y, which means I’m currently hunched over a workbook, attempting to answer practice questions for the multistate bar exam. Such cramming for the bar is a universal rite of passage in the legal field—one that every lawyer in America remembers going through. But right now, law school graduates across the country are experiencing the ordeal a little differently. Because this year, a lot of the laws we are trying so hard to memorize are, as of just a few weeks ago, no longer actually the law.

The author shared a multiple-choice question that has undoubtedly been on several such exams, and then described the dilemma: of the three choices, “B” was correct. At least it should be correct. Except now, not so fast…

Or, well, “B” used to be the right answer. It was the right answer when we graduated from law school at the end of May. It was the right answer through most of June, as we studied the elements of substantive due process—the principle that the Fifth and Fourteenth Amendments protect fundamental rights from government interference, like the rights to personal autonomy, bodily integrity, self-dignity, and self-determination. For decades, these interests formed the outline of a constitutionally protected right to privacy, whose framework we’ve spent the summer copying onto flashcards and trying to recount in practice essays.

But this substantive due process right to privacy was just dealt a body blow by the Supreme Court’s ruling in Dobbs v. Jackson that the U.S. Constitution does not confer a right to abortion.

After enumerating several of this session’s other dramatic “U turns” to constitutional jurisprudence, he writes:

And the hits keep on coming: Next there’s a question on the “case or controversy” requirement laid out under Article III of the Constitution, stipulating that federal courts only have the power to resolve legal questions arising out of an actual dispute between real parties. That’s been a basic principle of judicial review since 1793, and yet I know that the multiple-choice option I mark for correctly stating this rule completely contradicts the Supreme Court’s disastrous climate decision in West Virginia v. EPA—a case over an environmental regulation that never took effect, no longer exists, and never created any real dispute between actual parties. Then I drop my pencil and put my head in my hands….

In order to practice law, every newly licensed attorney in the year 2022 has to take an exam testing their grasp of legal principles that are no longer legal and laws that are no longer the law. That an unelected panel of ideological extremists could change so many critically important pieces of America’s legal architecture overnight—radically remaking our laws on abortion, separation of church and state, climate change, the rights of criminal defendants, Native American sovereignty, gun control, the capacity of the administrative state to keep us safe, and more—all with zero input from or accountability to the American people, demonstrates how completely unmoored this court is from the principles of democratic governance.

It isn’t only students cramming for the Bar Exam who find themselves suddenly adrift. Pretty much every lawyer I know is gobsmacked..

Me too. I recently collaborated with Women4Change Indiana on a series of civic education videos meant to explain the operation of the U.S. Bill of Rights. The Court’s ahistorical and deeply dishonest departures from what I knew as settled legal principles has made several of those videos inaccurate.

I encourage you to click through and read this very poignant essay--and the author’s very pointed criticisms of the judicial extremists who are decimating the rule of law.

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Where’s George Soros When We Need Him?

Despite all the accusations prompted by MAGA fever dreamers (George Soros paid for those Jewish space lasers over California!), normal Americans don’t have anything remotely commensurate with the funding sources and highly sophisticated organizational infrastructure of the far Right. That worries me.

A recent report from the Tampa Bay Times began by following just one of the many astroturf groups masquerading as spontaneous grassroots organizations.

This one was “Moms for Liberty.” Much like similarly misnamed organizations (“Patriots for Truth, Justice & the American Way,” or “Grandmas for Cuddly Kittens”), “Moms for Liberty” emerged pretty much full grown during the most recent assault on public education. The author applied a four-part test to determine whether any particular educational group was legitimate or contrived.

The first part of the test is financial: has the organization grown at a pace that only an undisclosed donor’s monetary resources could manage?

Moms for Liberty incorporated as an Internal Revenue Code 501(c)(4) organization, a form that lends itself to dark money political shenanigans. It exploded on the scene with its leaders being guests on Fox News and breaking into the Washington Post. It has a well-developed website and extensive social media reach. Moms for Liberty has formed three federal and one state political action committees, one of which is a SuperPAC able to accept unlimited donations. Its careers page is seeking state coordinators to work with the chapter chair coordinator, and a communications officer.

This “grassroots” group of “just-your-average-mom” members also managed to hold a fund raiser with Megyn Kelly (top ticket $20,000), and to co-host The American Dream Conference featuring former Trump Cabinet secretary Ben Carson. An upcoming national summit (presenting sponsorships for $50,000 are sold out), will feature Ron DeSantis, Carson, Sen. Rick Scott and Betsy DeVos.

Just your average PTA members….

So who is really funding these Rightwing mamas? Here’s a clue: they aren’t getting by on T-shirt sales.

They’ve barely even heard of the Koch brothers! Yet perhaps they’ve heard of the Council for National Policy. Two of Moms for Liberty’s National Summit sponsors, the Leadership Institute and Heritage Foundation are critical members of the Council for National Policy, a secretive network of right wing billionaires and Christian fundamentalist leaders that underwrites and coordinates right wing politics.

When the author looked to see who is really running the operation, he found that one of the two purported “founders” –Tina Descovich –is a communications and marketing professional. The other–Tiffany Justice (surely not her real name)– is a former Florida school committee member. He also discovered a third, “silent” founder, one Bridget Ziegler, whose husband just happens to be vice chairman of the Florida Republican Party and the owner of a political marketing firm. He has boasted that Moms for Liberty will provide crucial ground support for DeSantis’ re-election.

Another part of the test revolves around whether the genuinely grassroots folks suckered into joining the organization have any clue what the organization is  really all about. Moms for Liberty may have “activated and harnessed” actual anger and grievance, but–as the article notes–that doesn’t mean those people understand that they are being manipulation for partisan political purposes.

Perhaps the most telling aspect of the author’s “deep dive” into the bona fides of Moms for Liberty is the identification of the nefarious network of which it is a part:

Then there’s the odd coincidence of so many grassroots parents organizations arising at the same time with similar missions. Parents Defending Education is Koch-connected. The Koch-funded American Legislative Exchange Council claims credit for the havoc wreaked by anti-Critical Race Theory legislation. The Council for National Policy’s Leadership Institute commenced its own program to take over school boards. The Council for National Policy-connected Turning Point USA initiated a School Board Watch List for reporting “woke” school boards.

Reading all this, I vacillated between disgust and grudging admiration. These interlocking astroturf organizations are dishonest and manipulative–but they’re effective. You’ve got to give the Christian Nationalists credit for their success in controlling the narrative, and making it far more probable that America will continue to be dominated by a minority of truly despicable theocrats.

Meanwhile, the people I consider to be “the good guys” are happily forming circular firing squads and scrounging for five-dollar donations on Facebook. If Soros is funding any of them, I’ve missed it.

Have I mentioned that I’ve been hitting the booze more frequently since 2016?

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“Southern Culture” Is A Euphemism..

Sometimes, the subhead on a headline, or a quotation in an article, strikes a definite chord with me. That happened when I was reading about the recent destruction of some mysterious  granite markers, the Georgia Guidestones (sometimes referred to as America’s Stonehenge). As several recent articles reported, those stones are “no longer casting a shadow in rural Elbert County, Georgia.” Early on July 5th, one of the six slabs of granite comprising the display was destroyed by what the Georgia Bureau of Investigation reports was an intentional explosive.

The quotation that caught my eye was that of a local pastor and historian, who said that the stones would probably have survived a nuclear war, “but they could not survive Southern culture.” 

“Southern culture” in this context is a euphemism for deeply-rooted superstition abetted by a generous dollop of ignorance.

The linked article gives the background: In 1979, the president of a local granite company was asked to create the monument by someone identifying himself as Robert Christian (later R.C. Christian–probably a pseudonym), who claimed to represent a group of concerned Americans. Christian obtained funding for the massive project, and the granite company proceeded to create it.

The stone structure was revealed to the public on the spring equinox in 1980. Together the 951 cubic feet of granite weighed 237,746 pounds. The center slab was surrounded by four standing stones of similar height, and the entire structure was capped by a sixth stone 6 ½ feet wide, 10 feet long and 7 inches thick.

The impressive size of the structure was only part of its allure. Carved on each of the four outer slabs were 10 precepts — a message to humanity — repeated in English, Spanish, Swahili, Hindi, Mandarin Chinese, Hebrew, Russian and Arabic. Translators from the United Nations assisted Christian with the translations.

Inscribed in the capstone was the phrase “Let these be guidestones to an Age of Reason,” written in ancient Greek, Egyptian hieroglyphs, Sanskrit and Babylonian cuneiform.

The center slab and capstone also acted as an astrological calendar, with carefully cut holes for observance of the moon, sun and North Star. Astronomers from the University of Georgia assisted in refining this part of the project.

While Christian’s identity is still a mystery, his purpose is not.

An “Age of Reason.” If only…

At the time, there was widespread fear of a global nuclear war, and the stones were intended to be a beacon of sorts for those who would survive–a prescription for a more peaceful world.

Criticism of this project could certainly be mounted on many grounds: a vanity project, a waste of money, an ineffective indulgence…But of course, none of those reasonable quibbles prompted the fierce opposition to–and fear of– this monument. 

Idiocy did.

Nearly immediately, local pastors decried the stones as satanic. “We don’t think Mr. Christian is a Christian,” said the Rev. James Traffensted of the Elberton Church of God after the 1980 ceremony. “Look what it says about the unity of the world. That’s where the Antichrist will unite the governments of the world.”

I didn’t realize that world unity and peace was a sign of the Antichrist, but given the behavior of so many so-called “Christians,” perhaps I should have.

Since there is no conspiracy theory or bizarre “religious” belief that today’s Republicans won’t embrace, I probably shouldn’t have been surprised by the following passages from the report.

Former Republican gubernatorial candidate Kandiss Taylor made demolishing the stones part of her 2022 campaign. On May 2, she tweeted: “Elect me Governor of Georgia, and I will bring the Satanic Regime to its knees— and DEMOLISH the Georgia Guidestones.”

After the stones were destroyed Wednesday, she tweeted, “God is God all by Himself. He can do ANYTHING He wants to do. That includes striking down Satanic Guidestones.”…

The bombing was not the first time the monument was targeted. In 2008, a masked man calling himself an “American patriot” defaced the monument as a warning to the “global elite.” He tied the Guidestones to a coming new world order, a conspiracy theory perpetuated by QAnon followers and expressed by personalities such as InfoWars founder Alex Jones.

Conversations on this blog often include efforts to describe Americans’ current divides: Red versus Blue, urban versus rural, educated versus uneducated…The steady growth of incidents like this one suggest a more accurate division might be: reasonably sane versus bat-shit-crazy.

If humanity actually survives this period–increasingly characterized by the rejection of logic, science and empirical evidence– historians will probably describe these times as “the age of insanity.”

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Texas Redux

I know that Texas isn’t the only state where lawmakers are intent on returning to the 1800s (preferably prior to the Civil War and Emancipation…). Florida’s GOP is right up there with them, and Indiana isn’t all that far behind. Still, I have a strange “soft spot” for Texan idiocy–even before the last few years, when moronic policy proposals became a dime a dozen,  I could always count on Texas for an excellent example to use in my Law and Policy classes…

You may have read that–when Texas Republicans held their convention some weeks back–they adopted a stunningly retrograde platform. The item that got the most media attention was a call to hold a statewide vote on whether to secede. (As Dana Milbank memorably noted in the Washington Post,“If at first you don’t secede, try, try again.”)

Milbank’s reaction mirrored my own: let’s offer Texas a severance package, and throw in Oklahoma for good measure. The U.S. would come out ahead.

Of course, protections would have to be negotiated for parts of Texas that wish to remain on Team Normal. Dallas, Houston, Austin, San Antonio and parts of South Texas would remain in the United States, and they will need guaranteed safe passage to New Orleans or Santa Fe, along with regular airlifts of sustainable produce, accurate textbooks and contraceptives.

But consider the benefits to the rest of the country: Two fewer Republican senators, two dozen fewer Republican members of the House, annual savings of $83 billion in defense funds that Texas gets. And the best reason? The Texas GOP has so little regard for the Constitution that it is calling for a “Convention of the States” to effectively rewrite it — and so little regard for the United States that it wishes to leave.
 
In democracy’s place, the Republican Party, which enjoys one-party rule in Texas, is effectively proposing a church state. If you liked Crusader states and Muslim caliphates, you’ll love the Confederate Theocracy of Texas.

Milbank illustrated his “Crusader” conclusion with references to the rest of that stunningly theocratic platform:

Texas would officially declare that “homosexuality is an abnormal lifestyle choice.” It would redefine marriage as a “covenant only between one biological man and one biological woman,” and it would “nullify” any court rulings to the contrary. (The gay Log Cabin Republicans were banned from setting up a booth at the convention.) It would fill schools with “prayer, the Bible, and the Ten Commandments” but ban “the teaching of sex education.” It would abolish all abortions and require students to “learn about the Humanity of the Preborn Child.”

There was–as you might imagine–much more. The state would abolish the Voting Rights Act, do away with the Income Tax and Estate Tax, and deep-six property taxes. Texas would withdraw from the United Nations.

I’m not sure where the state would get funds to do even the very few things the platform considered governmental responsibilities, since the areas that generate most of those despised taxes are the urban centers that wouldn’t secede.

There’s more, but it gets depressing to delve more deeply into contemporary GOP fever dreams.

If you wonder where these crackpot ideas get their staying power, Thomas Edsall recently published a column on the roots of the stubborn conspiracy theories widely accepted by today’s Republicans. ( He too referred to the Texas GOP platform, which he notes was hardly a minority effort–it was adopted by  5,000 delegates to the convention.)

“We reject the certified results of the 2020 presidential election, and we hold that acting President Joseph Robinette Biden Jr. was not legitimately elected by the people of the United States.”

Unfortunately, that particular evidence of mental impairment is not limited to Texas Republicans. Polling suggests that the stolen election conspiracy theory is currently embraced by 71 percent of Republicans — roughly 52 million voters. Edsall writes that the belief in a stolen election has ” become the adhesive holding the dominant Trump wing of the party in lock-step.” 

The Texas GOP platform is a good gauge of the other preoccupations/fantasies of those 52 million voters. As Milbank reports, It invoked “God” or the “Creator” 18 times and “sovereignty” or sovereign power 24 times. And the word “democracy”? Only once — in reference to China.”

This all raises what we old folks used to call the Sixty-Four Thousand Dollar Question.”

As the January 6th Committee methodically releases evidence–actual, verifiable evidence–how many of the fact-resistant voters who are clinging to preposterous explanations for their perceived loss of social dominance will grudgingly recognize that they live in 2022, not 1822?

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