Now Alito

There’s a lot to unpack about the ongoing disclosures about Supreme Court Justices,  beginning with the old adage that power corrupts. 

Digging a bit deeper, it’s interesting to note just who has been shown to be morally–and probably legally–corrupt. (Hint: it hasn’t been the liberal female justices. There are stories about Elena Kagan’s refusal to accept a gift of bagels on ethical grounds!) The culprits are the far-right Justices who sit on the Court courtesy of Leonard Leo and the Federalist Society.

It began with disclosures about Clarence Thomas and his appalling wife. If a lower-level judge accepted–and hid– lavish gifts and travel from a billionaire ideologue and failed to recuse himself from cases involving that billionaire–not to mention cases in which his wife was an interested party–that judge would soon be removed from the bench. 

Now we discover that Justice Alito shares more than ideology with Thomas. Pro Publica broke the story:

In early July 2008, Samuel Alito stood on a riverbank in a remote corner of Alaska. The Supreme Court justice was on vacation at a luxury fishing lodge that charged more than $1,000 a day, and after catching a king salmon nearly the size of his leg, Alito posed for a picture. To his left, a man stood beaming: Paul Singer, a hedge fund billionaire who has repeatedly asked the Supreme Court to rule in his favor in high-stakes business disputes.

Singer was more than a fellow angler. He flew Alito to Alaska on a private jet. If the justice chartered the plane himself, the cost could have exceeded $100,000 one way.

In the years that followed, Singer’s hedge fund came before the court at least 10 times in cases where his role was often covered by the legal press and mainstream media. In 2014, the court agreed to resolve a key issue in a decade-long battle between Singer’s hedge fund and the nation of Argentina. Alito did not recuse himself from the case and voted with the 7-1 majority in Singer’s favor. The hedge fund was ultimately paid $2.4 billion.

Alito–like Thomas–failed to report the trip on his required annual financial disclosure form. Ethics experts tell Pro Publica  that the omission violates federal law. Those experts also report being unable to identify another instance of “a justice ruling on a case after receiving an expensive gift paid for by one of the parties.”

ProPublica’s investigation sheds new light on how luxury travel has given prominent political donors — including one who has had cases before the Supreme Court — intimate access to the most powerful judges in the country. Another wealthy businessman provided expensive vacations to two members of the high court, ProPublica found. On his Alaska trip, Alito stayed at a commercial fishing lodge owned by this businessman, who was also a major conservative donor. Three years before, that same businessman flew Justice Antonin Scalia, who died in 2016, on a private jet to Alaska and paid the bill for his stay.

Such trips would be unheard of for the vast majority of federal workers, who are generally barred from taking even modest gifts.

Alito claims he and Singer never discussed business, and that when Singer’s cases came before the court, he’d been unaware of his connection to them.

Right. And I have a bridge to sell you…..

Talking Points Memo points to the larger issue:  justices groomed and chosen by the Federalist Society “remain ‘kept’ in perpetuity” by the Right-wing donor network that got them there … “Sugar Justices, if you will.”

What is especially infuriating about these disclosures is that they involve Justices who posture as moral arbiters and issue judicial opinions based upon religious dogma rather than constitutional precedent. 

I have previously characterized Alito’s decision in Dobbs as profoundly dishonest, because he cherry-picked and misrepresented both history and legal precedent in order to achieve his desired (paternalistic) result.  Given Pro Publica’s report, it seems Alito’s dishonesty isn’t limited to his jurisprudence.

Thomas insisted that Harlan Crowe (whom he met after he joined the Court) was a “dear friend.” Alito says he had “no idea” that Singer was connected to ten cases before the Court. Neither allegation passes the smell test. According to Pro Publica, Alito and Singer have appeared together at public events, and Singer introduced Alito’s speeches on at least two occasions– the annual dinner of the Federalist Society (where Singer told an anecdote about their fishing trip) and a dinner for donors to the equally far-Right Manhattan Institute. 

The disclosures are profoundly depressing. They should also be a wake-up call.

It is past time to apply binding ethical standards to the Court. Imposing term limits, and adding Justices to the Court would dilute the influence exercised by corrupt culture warriors doing Federalist Society bidding..

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About That Bubble…

Humans have always occupied bubbles–after all, as sociologists and philosophers tell us, we are inevitably embedded in the particular cultures into which we’re born and raised. But our ability to confine ourselves to a small slice of the larger culture–to occupy an agreeable, albeit distorted or manufactured reality –has been dramatically increased by the Internet.

When I first shared The Filter Bubble with my class on media and public affairs, a student objected that life in a bubble was nothing new. As she said “I was raised in Martinsville, Indiana, and I lived in a White bubble.” True enough–but her subsequent life in the “big city” (cough) of Indianapolis had allowed new experiences and ideas to penetrate that original, geographical bubble.

Today’s Republican Party depends for its continued relevance on two things: gerrymandering, and voters who live in a bubble that is also largely geographic (i.e., rural), but one that–thanks to the Internet and Rightwing media– reality can rarely penetrate.

A while back, the New York Times ran an op-ed focused on Sarah Huckabee Sanders, former spokesperson for Trump and now Governor of  Arkansas. Sanders had just delivered the GOP response to President Biden’s State of the Union address, and as the article noted, her message was inaccessible to most Americans, despite the fact that it was an opportunity to address voters who might not otherwise tune in to a Republican speech.

“In the radical left’s America,” she said, “Washington taxes you and lights your hard-earned money on fire, but you get crushed with high gas prices, empty grocery shelves, and our children are taught to hate one another on account of their race but not to love one another or our great country.”

Sanders attacked Biden as the “first man to surrender his presidency to a woke mob that can’t even tell you what a woman is” and decried the “woke fantasies” of a “left-wing culture war.” Every day, she said, “we are told that we must partake in their rituals, salute their flags and worship their false idols, all while big government colludes with big tech to strip away the most American thing there is: your freedom of speech.”

As the columnist noted, there’s nothing wrong with giving a partisan and ideological State of the Union response–after all, that’s the point of the exercise.

The problem was that most of these complaints were unintelligible to anyone but the small minority of Americans who live inside the epistemological bubble of conservative media. Sanders’s response, in other words, was less a broad and accessible message than it was fan service for devotees of the Fox News cinematic universe and its related properties.

As the columnist admits, this critique rests on the assumption that, in a democratic system, political parties actually want and need to build majorities. But he then considers another possibility: what if today’s GOP is uninterested in appealing to a majority of the nation’s voters?

What if the structure of the political system makes it possible to win the power of a popular majority without ever actually assembling a popular majority? What if, using that power, you burrow your party and its ideology into the countermajoritarian institutions of that system so that, heads or tails, you always win?

That’s a stunning question, but a lot of evidence supports its premise.

After all, there’s no need to win over a majority of voters if you can depend upon the structural realities that militate against genuine majority rule– what the columnist identifies as the “malapportionment of the national legislature, the gerrymandering of many state legislatures, the Electoral College and the strategic position of your voters in the nation’s geography.”

 And if your political party also has a tight hold on the highest court of constitutional interpretation, you don’t even need to win elections to clear the path for your preferred outcomes and ideology.

This analysis recognizes that America’s political system has become so slanted toward  overrepresentation of the Republican Party’s core supporters–the rural and exurban inhabitants of a deeply disturbing ideological bubble– that even when the party’s policy preferences are contrary to those of  most American voters, the party can remain competitive.

The question for the rest of us is: how long can this last? How long until that bubble bursts–and what will it take to burst it?

It won’t burst as long as Americans continue to choose the “facts” they prefer from an  information smorgasbord offering everything from credible reporting to propaganda and fantasy– and continue using those choices to curate and inhabit incommensurate realities.

Bubbles.

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It Isn’t Just In MAGA-World

Let’s be honest: believing the people who tell you what you want to hear is a trait shared by all humans–Left, Right and Center. There’s a reason researchers study  confirmation bias–the current terminology for what we used to call “cherry-picking the facts.”

Just one recent example: MAGA folks who are frantic to believe that Joe Biden is just as corrupt as Donald Trump (okay, maybe not quite that corrupt…) have latched onto a report issued by James Comer, a Republican House member determined to find something to support that accusation. Unfortunately, as TNR (among many other media outlets) has reported, there just isn’t anything that we might call “evidence” to support that desired belief.

The House GOP accused Joe Biden and his family on Wednesday of engaging in business with foreign entities—but were unable to provide any actual evidence linking the president to any wrongdoing.

House Oversight Committee Chair James Comer released a 65-page memo detailing a sprawling investigation into Biden and some of his relatives, particularly his son Hunter Biden. Nowhere in the massive document was there a specific allegation of a crime committed by Biden or any of his relatives.

During a press conference explaining the investigation, Comer was asked if he had evidence directly linking Biden to corruption. The Kentucky Republican hemmed and hawed but ultimately admitted he didn’t.

It’s easy enough to see confirmation bias at work when a commenter to this blog “cites” to Comer, a lawmaker who has publicly admitted that he “intuited” misbehavior by the Biden family, despite the fact that even Fox “News” personalities have admitted that there’s no there there. But it isn’t only folks on the Right who engage in confirmation bias–and the strength of that human impulse to cherry-pick is about to get a test on steroids.

Researchers have recently warned about the likely misuse of AI--artificial intelligence–in producing misleading and dishonest political campaigns

Computer engineers and tech-inclined political scientists have warned for years that cheap, powerful artificial intelligence tools would soon allow anyone to create fake images, video and audio that was realistic enough to fool voters and perhaps sway an election.

The synthetic images that emerged were often crude, unconvincing and costly to produce, especially when other kinds of misinformation were so inexpensive and easy to spread on social media. The threat posed by AI and so-called deepfakes always seemed a year or two away.

No more.

Sophisticated generative AI tools can now create cloned human voices and hyper-realistic images, videos and audio in seconds, at minimal cost. When strapped to powerful social media algorithms, this fake and digitally created content can spread far and fast and target highly specific audiences, potentially taking campaign dirty tricks to a new low.

The implications for the 2024 campaigns and elections are as large as they are troubling: Generative AI can not only rapidly produce targeted campaign emails, texts or videos, it also could be used to mislead voters, impersonate candidates and undermine elections on a scale and at a speed not yet seen.

“We’re not prepared for this,” warned A.J. Nash, vice president of intelligence at the cybersecurity firm ZeroFox. “To me, the big leap forward is the audio and video capabilities that have emerged. When you can do that on a large scale, and distribute it on social platforms, well, it’s going to have a major impact.”

Some of the ways in which AI can mislead voters include the production of automated robocall messages that use a (simulated) candidate’s voice and instruct voters to cast their ballots on the wrong date, or phony audio recordings that sound as if a candidate was expressing racist views– AI can easily produce video footage showing someone giving a speech or interview that they never gave. It would be especially simple for AI to fake images designed to look like local news reports making a variety of false claims….The possibilities are endless. And what happens if an international entity — a cybercriminal or a nation state — impersonates someone?

AI-generated political disinformation already has gone viral online ahead of the 2024 election, from a doctored video of Biden appearing to give a speech attacking transgender people to AI-generated images of children supposedly learning satanism in libraries.

If we have trouble now knowing who or what to believe, today’s confusion over what constitutes “fact” and what doesn’t is about to be eclipsed by the coming creation of a world largely invented by digital liars employing tools we’ve never before encountered.

If regulators can’t figure out how to address the dangers inherent in this new technology–and quickly!– artificial intelligence plus confirmation bias may just put the end to whatever remains of America’s rational self-government.

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Think Tanks? Or Propaganda Mills?

For the past couple of years, I’ve had occasional exchanges of emails with a former government official who has gone by the name of Peter the Citizen, in order to protect his identity.I don’t know why he considered that necessary, but since his most recent transmittal–with his name– is available on the internet, I assume I can link to it.

It is worth noting that Peter is a self-described conservative who has worked on welfare issues for the Heritage Foundation, the American Enterprise Institute, and the White House under both President Reagan and President George H.W. Bush. He’s not a bleeding heart liberal; he is a policy person who takes evidence and honesty seriously.

Peter has shared his frustration with the ideologues who twist evidence in order to justify the punitive policies they favor. Most recently, he has shared inaccurate claims made by think tanks and Kevin McCarthy in support of imposing additional work requirements on the needy American beneficiaries of the Temporary Assistance for Needy Families (TANF) program, the Supplemental Nutrition Assistance Program (SNAP) and Medicaid. He especially zeros in on misinformation currently being produced by the American Enterprise Institute (AEI).

In seventeen pages of text (followed by two pages of footnotes), Peter responds to what  AEI researchers present as summaries of the existing research on work requirements. One example:

AEI: “Higher labor-force participation translates to less poverty, and employment correlates to many other nonfinancial benefits, such as better physical and mental health. Encouraging work among benefit recipients gives them an opportunity to escape poverty and achieve upward mobility without depending on government assistance.”

Peter: To support the claim that “more work leads to less poverty,” Weidinger and Rachidi cite a recent study by Child Trends. This is hardly a surprising conclusion. The real question is, do work requirements lead to more work? Notably, Weidinger and Rachidi leave out the following statement from that same report:

We did see an increase in single mothers’ labor force participation in the 1990s. Yet, evidence from early-1990s welfare-to-work experiments and more recent research consistently indicate that, while work requirements can boost short-term employment and earnings, they do not have their intended effect of getting people into stable jobs that sustainably lift them out of poverty with their incomes. For example, previous research found that welfare reform accounted for only a small amount of the increase in single mothers’ employment rates in the mid-1990s….

In short, Weidinger and Rachidi celebrate a relatively small increase in employment (relative to the caseload decline), but ignore the fact that far more families are made worse off with detrimental consequences for children.

I chose the above example because it is one of the least technical (the paper’s language is nothing if not densely academic.)  Suffice it to say that all seventeen pages follow the same trajectory: the argument put forward by the AEI researchers is followed by analysis and data showing that AEI has cited to studies which have been refuted, or has omitted language limiting the applicability of  the portion they quote. In a couple of cases, AEI presents “facts” that aren’t: for example, the paper claims that the “pro-work TANF provisions in this proposal” are the same as those in the 2018 House Ways and Means legislation– the JOBS for Success Act.” Peter offers evidence showing that this assertion is factually inaccurate.

I am sharing this “in the weeds” effort by a Rightwing think-tank to justify reintroducing a policy that has proven to have substantial negative unintended consequences because –thanks to Kevin McCarthy and the mis-named “Freedom Caucus”– these proposals are part of the GOP’s debt ceiling legislation. Proponents argue that work requirements will grow the economy by helping more low-income adults enter the workforce and obtain higher earnings–addressing current labor shortages along the way.

There are two major problems with that argument for “reviving these proposals.”

One is that–as Peter points out– policymakers are not knowledgeable about work requirements or the evidence about their effectiveness. “Instead, they are swayed by the misinformation provided by conservative think tanks and other politicians who simply repeat uninformed talking points.”

The other, of course, is both more obvious and more infuriating: the debt ceiling fight is not an appropriate venue for any policy argument. Raising the debt ceiling allows the government to pay bills it has already incurred. Using a refusal to raise it as a weapon is despicable and deeply disturbing–a threat by blackmailers to upend the global economy if they don’t get their way.

One thing does come through loud and clear from reading that 17-page analysis; if sane Americans ever get control of our government, we really do need to strengthen and simplify our complicated and unwieldy social safety net.

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Following The Money

It was never about improving education.

I’ve posted several times about the World’s Worst Legislature’s continuing assault on public education–an assault defended on grounds that research has soundly debunked. An article from yesterday’s Indiana Capital Chronicle pulled back the (already pretty sheer) curtain on those legislative justifications.

Indiana House Speaker Todd Huston maintained Thursday that virtual charter schools deserve equal funding as their brick-and-mortar counterparts and denied that a virtual education company he consults for would unfairly benefit from an increase in taxpayer dollars proposed in the state budget

The for-profit Stride, Inc. operates seven Indiana-based virtual public, charter and private schools, according to its website and as reported by the School Matters blog. 

Indiana virtual schools like Stride currently receive 85% of the per-pupil state funding that goes to “traditional” public schools. Funding would increase to 100% under the House Republican budget proposal that’s now under consideration in the Senate. 

That means virtual schools stand to get a significant funding boost. For instance, Union School Corporation’s enrollment is almost all virtual, and it will see a 30% increase in total base funding in the first year of the budget. By comparison the statewide average increase in base funding for all school would be 6%.

Based on its current student enrollment, Stride stands to win big, as well — to the tune of some $9 million.

Can we spell “conflict of interest”?

According to the report, Huston is one of at least 15 state lawmakers who provide “professional advice and guidance” to private businesses.

Huston started TMH Strategies Inc. last year, a little more than a month after his high-profile departure from a six-figure role at the College Board, according to his latest statement of economic interest.

He listed his consultancy’s current clients as Fishers-based tech company Spokenote, as well as Stride, Inc. — a for-profit education management organization that provides online curriculum to homeschooled kids and other schools. 

Lest we be tempted to give these lawmakers the benefit of the doubt–lest we be inclined to believe them when they claim to ignore the financial interests of their paying clients when legislating, we need only look at the involvement of a familiar name .

The President of Schools at Stride, Inc. is Tony Bennett — former Indiana Superintendent of Public Instruction before he was defeated in 2012 by Democrat Glenda Ritz.

Huston left Cisco Systems, Inc. in 2009 to serve as Bennett’s chief of staff at the state education department. But he returned to the company in 2010.

The Associated Press detailed Huston’s involvement in the 2012 sale of a $1.7 million Cisco videoconferencing system to the IDOE that officials later determined was a waste of taxpayer money.

Bennett also contributed $15,000 to Huston’s campaign account since 2020.

Many of you will remember Bennett. During his single term as Indiana’s Secretary of Education, he was touted as a “national leader in the Republican effort to overhaul public education.” After his defeat by Glenda Ritz, he was hired as Florida’s Education Commissioner by then-Governor Rick Scott, a post he was forced to resign when the AP reported that while serving in Indiana, he’d changed the state’s evaluation of a charter school founded by a prominent GOP donor.

As a former teacher–I started my professional life as a high school English teacher and later spent 21 years as a college professor–I have multiple reservations about virtual instruction, not to mention the state’s ability to confirm attendance figures reported by such schools. But even if those concerns can be addressed,  virtual schools don’t incur overhead for brick and mortar school buildings–they don’t pay for utilities, janitors and maintenance. They don’t provide school lunches or transportation. Why should they receive the same per-pupil dollars as schools that do incur those expenses? 

I guess the answer is: because they were savvy enough to hire the right “consultant.”

The assault on Indiana’s public schools has been unremitting and enormously damaging, but in Indiana, education isn’t the only policy area where deep pockets are more persuasive than logic, evidence or the public good. 

Again, the Capital Chronicle has the story.

Environmental activists decried the legislative process for two bills Thursday, saying they clearly benefited some of the state’s most powerful while harming the average Hoosier… 

On Wednesday, a House environmental committee opted to add controversial wetlands language to a Senate bill on sewage systems. Because the topic was unrelated and no notice was given, opponents had limited opportunity to give public testimony — a critical part of the legislative process. 

Meanwhile, the state’s biggest utility – and frequent campaign donor – Duke Energy already called upon a court to review a crucial ruling less than 24 hours after the House passed and Gov. Eric Holcomb signed a bill to recover “unexpected” additional costs from customers.

Gee–I wonder why Indiana ranks 43d among the states in education–and why we’re the most polluted…

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