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A Thought-Provoking Conference

On November 6th, Women4ChangeIndiana held a conference, via Zoom, on “Resilience” and the status of women in the Hoosier State. The various presentations, all of which were excellent, went from 9:00 a.m. to 2:00 p.m., and featured a number of accomplished professional women who addressed the various challenges that face women in Indiana: the diminution of our voices via Indiana’s extreme gerrymandering, the psychological strains of the pandemic, current efforts to improve inclusion and diversity, and the distressing lack of progress in improving the economic status of women in Indiana, among other issues.

I really encourage anyone who cares about policies that affect women in our state to click through and watch some or all of those presentations, (enter password sow21) and Charlie Richardson’s tribute to Indiiana’s icon, Marge O’Laughlin, but today I want to explore the broader implications of a remark made by one of the presenters. Shruti Rana is the Assistant Dean for Curricular and Undergraduate Affairs and Professor of International Law at I.U.’s Hamilton Lugar School in Bloomington.

During her presentation, Rana pointed out that many of the more intractable problems Hoosier women face are the result of policies requiring them to find individual solutions to what are really public problems.

Think about that for a minute, because that observation–and the barrier it represents– is true for all Americans, not just women. It is another way of describing the consequences of our ongoing disagreements over the proper role of government.

What constitutes a “public problem”? Why is a correct characterization important?

Americans valorize “personal responsibility,” and for good reason; the assumption of responsibility for our own behaviors, the “ownership” of our own mistakes, is an important part of mature adulthood (and evidently in short supply–but that is an observation for another day…). However, it is also important to recognize that there are elements of our lives that the assumption of personal responsibility can neither control nor affect to any meaningful degree.

If the electricity goes out, I suppose you could fault people who hadn’t equipped themselves with personal generators, but most of us would recognize the unfairness of  such an accusation. Victims of gun violence aren’t responsible for America’s persistent lack of firearms regulation. In the midst of a deep recession or depression, even Republicans recognize that joblessness isn’t due to laziness or lack of ambition. Most of us would bristle at the accusation that we bear any personal responsibility for the rise of QAnon and similar lunacies.

In other words, there is a difference between problems we can solve individually, by dint of hard work and the exercise of personal responsibility, and problems that require a collective response.

In the wake of the pandemic, for example, a significant number of women who want to re-enter the workforce cannot find childcare. The absence of affordable, safe places to care for their children is not, I would submit, an “individual” problem–it’s a social problem that most developed countries have recognized as such.

Rana’s remark led me to an “aha” moment–an epiphany.

I have been depressed lately–a depression shared with a number of my friends and relatives–not because of anything going on in my own life, which is admittedly a privileged one. Along with so many other Americans, I am depressed by the news, by the constant spotlight on the nation’s dysfunctions. Rana’s comment illuminated the main reason for that depression: the feelings of  helplessness and powerlessness that are a consequence of  Americans’ tendency to categorize public problems as individual ones.

It isn’t that individuals can’t do anything: we can vote (but then, gerrymandering and vote suppression…); we can organize; we can lobby our elected officials. I can educate myself by reading broadly, and I can–and do–pontificate on this blog. But most of the problems we face are not individual problems, and the exercise of personal responsibility can only take us so far.

Clearly, not far enough.

One message came loud and clear through all of the conference presentations: Unless Congress passes the voting rights act, and allows the democratic process to proceed fairly, elected officials will continue to ignore the will of the voters–and efforts to collectively address problems that are clearly public will go nowhere.

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Moving…

No post this morning. My husband and I just moved and our new digs are a disaster. It took me a day just to find the soap!

The only things that AREN’T moving are my muscles. Old women get sore schlepping heavy objects.

Back tomorrow.

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Triggering Introspection

One of my favorite columnists is Charles Blow of the New York Times. I appreciate his writing for two seemingly contradictory reasons: as a Black male, he provides this White female with insights from a perspective that is alien to my own experience; on the other hand, he frequently reinforces perceptions and insights common to those of us who spend some time thinking about the human condition generally.

A recent column fell into that second category, and I hope readers will indulge me in a bit of (non-political) Sunday philosophizing.

Blow was pondering what he called the “second phase of adulthood,” which begins, in his estimation, when one’s children graduate from high school or college and leave home. (By that calculation, perhaps those of us who have watched our grandchildren leave the nest are in our third or even fourth “phase of adulthood.”)

No matter how we calculate the phases of our lives, death becomes an inescapable intrusion. As Blow notes, parents decline and die, we lose friends and relatives, and those losses change us.

This seemingly sudden intrusion of death into your life changes you. At least it is changing me. It reminds me that life is terribly fragile and short, that we are all just passing through this plane, ever so briefly. And that has impressed upon me how important it is to live boldly, bravely and openly, to embrace every part of me and celebrate it, to say and write the important things: the truth and my truth.

Blow enumerates some of the changes he is making in his “second phase”–as he says, he’s started to manage his regrets, to forgive himself for foolish mistakes and poor choices, and “to remember that we are all just human beings stumbling through this life, trying to figure it out, falling down and getting back up along the way.”

He also recognizes the need to adjust our goals and expectations. In his case, he says “When I am gone, and people remember my name, I want some of them to smile.” (That seems do-able. In my case, I’ve gone from early dreams of writing the great American novel to wanting to die with my own teeth…a more achievable goal that I regularly share with my dentist.)

I think this particular column touched me because my husband and I are in the midst of one of those inflection points we all face. We’re downsizing–we’ve sold our home, and are packing and discarding, preparing to leave flights of stairs that have become harder to climb, and tasks of home ownership that have become more onerous as we age, and we are moving into an apartment that’s all on one floor, where management will be responsible for maintenance.

Transitions of this sort–common to all of us as we age–tend to prompt introspection. Where has life taken us? How do we want to spend the years remaining? What hard-won insights, wisdom or support do we have to offer our friends and families as they confront those same questions?

Those very universal questions seem more poignant, somehow, in our very polarized country–perhaps because there seem to be so many of our countrymen who refuse to ask them, so many unhappy people unwilling to see the shared humanity of neighbors who look or worship or vote differently, so many unwilling to consider the possibility that their way might not be the only way.

Learned Hand famously said “The spirit of liberty is the spirit which is not too sure that it is right.” If there is one “marker” of maturity, one insight that comes with second–or third– phase adulthood, I think that recognition might be it.

I think Charles Blow would agree. Happy Sunday….

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The Policing Conundrum

In the late 1970’s, I served three years as Indianapolis’ Corporation Counsel–the city’s chief lawyer. Defending police against charges of wrongdoing was one of the tasks of the legal department, and one of the lasting lessons I took away was the need to hire officers carefully.

As a police chief I worked with at the time was fond of saying, “We give these guys guns to carry and authority to use them–we have an obligation to select and train them so they won’t abuse that authority.” During my tenure, the City instituted psychological tests in an effort to weed out applicants who were attracted to policing for authoritarian or other dubious reasons, and made several efforts to improve training.

During last year’s Black Lives Matter protests, I often thought back to those City experiences. I knew many truly admirable officers–but City Legal also had to defend some indefensible ones. And the police union didn’t help–for them, it was all “us versus them,” and “our guys right or wrong.”

Because I knew there was truth to both “the policeman is your friend” and accusations of brutality and worse, I may have been less shocked by a headline in the Guardian after January 6th: “US Capitol riot: police have long history of aiding neo-Nazis and extremists.”

For years, domestic terrorism researchers have warned that there are police departments in every region of America counting white supremacist extremists and neo-Nazi sympathizers among their ranks.

To these experts, and the activists who have been targeted by law enforcement officers in past years, it came as no surprise that police officers were part of the mob that stormed the US Capitol on 6 January. In fact, the acceptance of far-right beliefs among law enforcement, they say, helped lay the groundwork for the extraordinary attacks in the American capital.

Criminal justice news sites have identified at least 30 sworn members of police agencies from some 12 different states who participated in the insurrection, and several on-duty Capitol police officers have been suspended for allegedly supporting, rather than resisting, the rioters. Scholars who study extremist movements and survivors of far-right violence have warned for years that there are close ties between some police and white supremacist groups. 

As news of the participation of police in the insurrection has emerged, some officers have abandoned the traditional “wall of silence..”According to the president of the Major Cities Chiefs Association, the behavior of those participants was so egregious, it prompted fellow officers to alert police chiefs and others to their colleagues’ participation in the mob attack on the Capitol.

Actively helping an effort to overthrow the government might have been a step too far, but the linked article recounts several exceedingly troubling events in which police actively protected Neo-Nazis rather than those they were attacking. One example:

In June 2016 in Sacramento at least ten people were stabbed and injured at a rally of the Traditionalist Workers Party (TWP), a group that extremism experts have classified as neo-Nazis.

The subsequent investigation, led by the California Highway Patrol (CHP), focused on the anti-fascist counter-protesters injured in the stabbings, with records showing that police worked with white supremacists to identify leftist activists and pursue criminal charges against the stabbing victims.

The lead CHP investigator, Donovan Ayres, repeatedly stated in police records that he viewed the neo-Nazis as victims and the anti-fascists as suspects.

Research continues to confirm that protestors on the Left  are far more likely to be arrested than those on the Right.

York University sociologist Lesley Wood analyzed 64 U.S. protests from 2017 and 2018 where counter-protesters were present and arrests were made. She found that right-leaning protesters accounted for 8% of total arrests, while left-leaning protesters accounted for 81%. (The ideology of the remaining arrestees — 38 of them at 14 events — couldn’t be identified from news reports.) Although Wood cautioned against drawing conclusions solely from the raw numbers–more people have attended protests by the Left than the Right–there is nevertheless consistent evidence that police will move far more aggressively against those on the Left.

And it will surprise absolutely no one that–as authors of a 2012 analysis found, “events initiated by African Americans remain a positive and robust predictor of the use of force…”

Part of the problem is that we currently  call on the police to address problems that should be shifted to other forms of public safety, such as social services, youth services, housing, education, healthcare and other community resources. “Defund the police” was one of the stupidest and most counter-productive slogans produced by Democrats (and that is saying something!), but the actual shifts of responsibility being proposed under that banner were mostly sensible.

It is long past time to improve the way we recruit, train and discipline officers, and modify what we ask them to do. 

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Federalism On Steroids?

There are many observations we might make about the newest Supreme Court Justice and the travesty of her elevation. Assuming Democratic reluctance to enlarge the Court in a tit-for-tat response to the last 12 years of GOP court packing, one of those observations concerns prospects for federalism and states’ rights.

As Elizabeth Warren noted in a speech opposing Barrett, the nominee carefully refused to answer numerous important questions. She wouldn’t say whether the Supreme Court ruling upholding the right to contraception was correct, or whether the government is entitled to criminalize a same-sex relationship. Despite the applause from Republicans about the size of her family (seven children!), she refused to opine that it’s wrong to separate children from their parents at the border. She called climate change “controversial.” She evaded  many other inquiries, including what should have been considered “softball” questions: whether it’s OK to intimidate voters at the polls, and whether a president has the right to postpone an election.

When she held up that blank notepad she’d brought to the hearing, it was evident that the pristine paper was her reminder to abstain from sharing anything resembling content.

it is likely that Barrett will join Trump’s other regressive Court picks, and rubber-stamp state laws that violate rights we have come to view as American, endorsing a radical federalism allowing the rights of individuals to be defined by the states in which they live.

I’ve previously posted about the demographic shifts we’ve seen and the effects those shifts have had on equal treatment and “one person, one vote.” I’ve previously recommended Bill Bishop’s book The Big Sort, and its analysis of what he called “voting with our feet.” The likelihood of a radical return to “states’ rights” is likely to super-charge that residential apartheid.

States like Indiana already struggle to retain young people–especially educated young people. Red states like ours will rush to take advantage of their new imperviousness to federal constitutional constraints. They won’t just outlaw abortion (and in some states, access to birth control), they’ll expand gun rights, restrict access to health care and eviscerate their already paltry social safety nets. The Court has already declined to interfere with a variety of vote suppression tactics that favor the GOP–everything from gerrymandering, to ballot counting, to poll hours and locations.

The GOP has never gotten over its original resentment over incorporation–the odd word for the doctrine that nationalized the Bill of Rights. That process was premised on the 14th Amendment principle that fundamental liberties protected by the Bill of Rights should be a “floor”–that a citizen in Alabama should enjoy the same basic rights as a citizen of New York. States are able to enlarge on those rights, but–at least until now–they have been forbidden to retract them.

The new approach to federalism–what one might call “federalism on steroids”–will upend that understanding of American citizenship. The extent of your rights will depend upon your state of residence. If the young people with whom I interact are any indication, that’s a situation that threatens to leave a number of red states with a dwindling and aging population.

America has already seen its population shift to urban areas. As the “creative class” (and those who want to employ them) described by Richard Florida increasingly cluster in vibrant municipalities, those urban locations become even more attractive.

Gay families aren’t going to locate in states that refuse to recognize their marriages or parental rights. Women aren’t going to choose locations that allow the government to dictate their most intimate decisions. Few families will want to live in states where gun owners are encouraged to bring firearms everywhere, including schools. (And don’t think this is hyperbole–here in Indiana, we have state representatives who work constantly to legislate that “freedom.’)

States offering universal healthcare (a la Massachusetts) will look awfully good to a lot of Americans.

I wonder: At what point do “states’ rights” and a commitment to expanded “local control” end up creating separate and not-so-equal  parts of what has been one country? At what point will fiscally healthy blue states decide to stop supporting “taker” red states?

When does federalism on steroids translate into secession?

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