Playing Politics

Last week, the Indiana Court of Appeals struck down the state’s controversial “Voter ID” law.

 For those of you who somehow missed the intensely political arguments about the motives for and effects of that measure—the most restrictive in the nation—let me briefly recap its somewhat checkered history.

 The measure was originally championed by Secretary of State Todd Rokita, and passed by Republican majorities in the Statehouse. Democrats sued, supported by a number of organizations, including the AARP, Rock the Vote and the NAACP.  They argued that the law violated the federal constitution by effectively disenfranchising many poor and elderly voters who, not so incidentally, tend to vote disproportionately Democratic. They also pointed out that Indiana had been unable to identify any instances of in-person voter fraud. (Where fraud had been confirmed, it was within the absentee ballot process, but the Voter ID law doesn’t apply to absentee voting.)  

 The Democrats lost in a split opinion in the U.S. Supreme Court, although the Court left the door open for a future challenge. The Supreme Court based its opinion largely on the absence of concrete evidence that the law had prevented people from casting ballots. The Democrats had been unable to identify real people who had been adversely affected by the law.

 The recent Indiana Court of Appeals case was brought by the League of Women Voters, and was based on a different theory and a different constitution. This time, the argument was that Indiana’s Constitution requires all voters to be treated uniformly, and that the Voter ID law treats absentee voters and in-person voters differently. The Court unanimously agreed.  

 If the legislature wants to keep the law, in other words, they’ll have to apply it to all voters, not just those who show up in person.

 This seems eminently reasonable, but Governor Daniels was quick to accuse all three judges who issued the opinion of “playing politics.” This rhetoric is unfortunate on a number of levels. It betrays unfamiliarity with the arguments involved, and—worse—paints judges as no more than partisans in robes. Such attacks, as the Indiana Bar Association pointed out, undermine the legitimacy of the judicial system.

Daniel’s intemperate reaction also appears to confirm suspicions that the Voter ID law was itself a partisan effort. As Doug Masson of Masson’s Blog observed in the wake of Daniel’s outburst, “The facts fit together better if you discard the premise that voter fraud was the purpose of the Voter ID law, and replace it with the premise that one political party, temporarily ascendant, saw fit to pass a law that would shave a percentage point or two off the other side’s votes. The Republicans made a calculation that the voters who would vote in person and not have identification would skew Democratic. That calculus changes if you apply the ID requirements to those who vote absentee. Therefore, the absentee voters weren’t subject to the same level of scrutiny.”

In other words, the judges weren’t the ones playing politics.

If You Are Wondering….

why America can’t seem to make sane public policy, Steve Benen has a clue.

Kate Sheppard reported today on some recent Barton comments about climate change and wind power.

“Wind is God’s way of balancing heat. Wind is the way you shift heat from areas where it’s hotter to areas where it’s cooler. That’s what wind is. Wouldn’t it be ironic if in the interest of global warming we mandated massive switches to energy, which is a finite resource, which slows the winds down, which causes the temperature to go up? Now, I’m not saying that’s going to happen, Mr. Chairman, but that is definitely something on the massive scale. I mean, it does make some sense. You stop something, you can’t transfer that heat, and the heat goes up. It’s just something to think about.”

 

Something to think about, indeed.

Barton is, of course, the same lawmaker who recently suggested that humans will “adapt” to climate change because we can “get shade.”

And as Matthew DeLong reminds us, Barton was, up until a couple of years ago, the lawmaker House Republicans made the chairman of the House Energy and Commerce Committee.”

Our Morphing Media

I have been writing (and worrying) a lot about the transition of the media, and the effect of the current landscape on public discourse and policy.

As I told a friend, it’s one thing to disagree about something that we both see. We can both look at a photo, or a piece of art, or a draft of a pending bill, and disagree about its meaning, or–in the case of proposed legislation–whether it is a good idea. But the current fragmented media environment and the disproportionate attention garnered by “pundits” of varying philosophies and degrees of sanity has created a situation where we are far too often not looking at the same reality. It reminds me of the time (b.c.–before cellphones) when a friend and I agreed to meet for lunch at “the tearoom.” Back then, both Ayres and Blocks had tearooms, and I went to Ayres while she went to Blocks. This made conversation difficult, in much the same way that our current media environment does.

Clay Shirkey recently wrote an essay that is one of the more thoughtful analyses of the morphing of media.  In it, he echoes the observation of Paul Starr that “journalism isn’t just about uncovering facts and framing stories; it is about assembling a public to read and react to those stories.”

In other words, there is a difference between an audience and a public. As Shirkey says, journalism is about more than dissemination of news; its about the creation of shared awareness. It’s about occupying the same reality, or eating at the same tearoom.  It’s about enabling meaningful communication.

As the information environment continues to fragment into smaller and more widely dispersed niches, what will the consequences be for public communication and discourse?

What’s It All About?

For those who doubt the need for reforming America’s health insurance industry, this one-page summary from the Kaiser Foundation pretty well speaks for itself.

Understanding Scalia

Eric Vieth at Dangerous Intersections has a fascinating–and chilling–review of Antonin Scalia’s position on executing people who are proved innocent after being convicted in a “fair” trial.  Hint: “they probably did something wrong anyway…”