Hoosiers For Democracy

I’ve been getting intellectual whiplash looking for political omens.

Polls aren’t cutting it: as I have previously noted, contemporary obstacles to accurate measures of candidate strength are immense, and the various efforts to compensate for low response rates and to develop meaningful “likely voter” screens have proved inadequate. When Trump routinely underperforms his poll results by some ten points, it seems safe to ignore click-bait headlines about this or that poll.

I have also shared my conviction that victory in the upcoming elections will depend almost entirely on turnout. I don’t understand what get out the vote campaigns do to generate turnout, but then I don’t understand people who think political participation is irrelevant to their lives, so my lack of comprehension is probably due to that mystification…

All that said, despite living in Indiana– often dismissed as an irremediably deep-Red state– I’ve recently stumbled across some interesting and very positive omens.

One of those is Hoosiers for Democracy, a newly-formed group that describes itself as “a growing movement of Indiana citizens who are concerned about the erosion of democratic norms, the continual drumbeat of extremism and the persistent undermining of our democratic institutions.” I know the founders of the group, and I consider them informed and politically savvy. They’ve done their homework, and are focused on demonstrating that Indiana–even rural Indiana– is considerably less Red than the state’s reputation suggests. 

Hoosiers for Democracy publishes a thoughtful Substack newsletter, and is working with other grass-roots organizations–partisan and bipartisan– concerned about the GOP’s lurch into far-Right extremism. 

Relatively few Hoosiers have heard of Hoosiers for Democracy so far–it’s new, and just building its network. (I encourage Indiana readers to sign up for its very thoughtful newsletter at the link.) But more recently, I was astonished to discover the existence of several statewide organizations with a longer timeline. The Nasty Woman Project began as an Instagram account; it was born out of Trump’s expressions of fury in November 2016 and began a series of self portraits by self-proclaimed Nasty Women. Since then, it has grown into a women’s collective that “throws events, raises money for charity, makes waves, and puts smiles on people’s faces.” 

I was even more astonished to learn that the organization has more than seven thousand members across Indiana. (I was especially surprised because–according to my youngest son–I am a Nasty Woman. In the wake of the 2016 election, he even had a t-shirt that identified him as a “Bad Hombre raised by a Nasty Woman”…)

Indiana’s Nasty Women organization has a FaceBook page describing itself:

We are INDIANA NASTY WOMEN; because we believe in love, acceptance, equality, kindness, respect, and the POWER of our voices. Through this consortium of like-minded women, with an overall vision to do whatever we can to help transform Indiana into, at the very least, a purple state.

This will take different forms, including but not limited to: being dedicated to political activism… helping to create & support liberal and progressive political candidates into office at all levels (national, state, and local).

Educate fellow Hoosiers so they become more informed voters.

Increase the number of likeminded voters in Indiana.

I couldn’t help wondering how many other grass-roots political efforts might be underway and essentially underground, devoted to efforts to highlight the dangers of MAGA extremism and the capture of the Republican party apparatus by Christian Nationalists. I get a large number of political publications and thanks to being older than dirt and a lifetime Hoosier, I know a lot of people here in Indiana, yet I’d never heard of Indiana Nasty Women.

Nor, it turned out, had I heard of at least fifteen other Indiana organizations working to turn out the sanity vote.

In a recent meeting with progressive activists, I was astonished–and gratified–to learn of multiple Indiana organizations formed since 2016. They’re working to educate voters about issues like reproductive rights, voting rights and the threat MAGA poses to democracy.

Several were surprisingly large. Most are run entirely by volunteers, and they overwhelmingly focus on encouraging Hoosiers to vote for Democratic candidates– from Joe Biden and Jennifer McCormick on down the ballot.

I’d never heard of any of them.

Bottom line: I’ve seen data suggesting that MAGA’s strength in Indiana “tops out” at 37%. That’s a very worrisome percentage, but it isn’t a majority. Hoosiers for Democracy, Indiana Nasty Women and these numerous other voluntary, under-the-radar organizations are immensely hopeful omens, especially since several are mounting grass-roots campaigns to turn out Hoosier voters–especially Democratic-leaning voters with spotty voting records.

In November, Hoosiers might be able shed our reputation as a northern Mississippi– a state firmly in thrall to MAGA’s assorted bigotries. 

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Will The Real Republicans Please Stand Up?

In MAGA land, no insult is more cutting–or more numerous–than “RINO,” an acronym for “Republican in Name Only.” It is routinely hurled by the extremists who have remade a once-mainstream, center-right party into a racist, misogynistic cult of personality.

The Republicans with whom I worked back when I was one of them have mostly responded by leaving the GOP. Interestingly, however, some of those “RINOs”–more accurately described as traditional Republicans–have chosen to fight, to try to retake their party, and in Idaho, of all places. According to the Washington Post, the rebellion is taking place in an area with a history that has informed the effort.

Locals prefer not to talk about the hate that took root here a generation ago, when the Aryan Nations and other militants built a white supremacist paradise among the tall pines and crystal lakes of North Idaho.Community activists, backed by national civil rights groups, bankrupted the neo-Nazis in court and eventually forced them to move, a hard-fought triumph memorialized in scenes from 2001 of a backhoe smashing through a giant swastika at the former Aryan compound just outside of Coeur d’Alene, the biggest city in this part of the state.

For much of the two decades since, civic leaders have focused on moving beyond the image of North Idaho as a white-power fiefdom. They steered attention instead to emerald golf courses and gleaming lakeside resorts where celebrities such as Kim Kardashian sip huckleberry cocktails.

Now, however, North Idaho residents are confronting that history head-on as a new movement builds against far-right extremism.

Northern Idaho’s traditional Republicans are reacting to the current leadership of the local Republican Party, which they say has lurched to the right, especially on matters of race, religion and sexuality, giving the bigotry of the past mainstream political cover.

A group of disaffected, self-described “traditional” Republicans has spent the past two years planning to wrest back control from leaders who they accuse of steering the local GOP toward extremism, a charge the officials vehemently deny.

Those officials may “vehemently deny” the charge, but quotations from several of them in the Post tended to support the accusation. (One politico insisted that women should be required to carry a rapists baby to term…)

The linked story was published prior to Idaho’s primary, which took place last Tuesday.  On Wednesday, I googled to assess the success of the traditional rebellion. The slate of challengers backed by the North Idaho Republicans won 30 spots on the central committee, but they needed 36 seats to secure a majority.

I also learned that 15 incumbent GOP state legislators lost their primary races. I was initially hopeful that the successful challengers represented traditional Republicans; however, further investigation indicated that, at the state legislative level, far-Right conservatives took control. (If anyone from Idaho has further information, please confirm or correct my impression.)

The effort in Idaho illuminates the challenge facing a once-responsible political party: Can genuine conservatives–voters and operatives holding center-Right policy positions on economic and social issues–take back the GOP, and return the racists and culture warriors to the fringes? If not, where will thoughtful, respectable Republicans go?

In the short term, an extremist GOP can win elections by deploying its demonstrable skills at voter suppression, abetted by the various mechanisms of the American electoral system that give rural voters and a handful of states disproportionate power, but–absent a wholesale takeover that includes revising/ignoring the Constitution– that dominance will have a limited shelf-life. The once Grand-Old-Party will either turn away from the White Christian Nationalists who currently control it (and who represent a distinct minority of Americans), or a new center-Right party will rise from its ashes.

That result, of course, is long-term. The short-term crisis we face is the November election.

If the GOP manages to retake the White House or Congress, all bets are off. A second Trump administration is publicly committed to removing any remaining legal or constitutional guard-rails, setting America on a path to autocracy and chaos.

The sanity vote has never been more important.

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How Today’s Media Fails Us

As I have frequently noted, at the very root of America’s–and the world’s–current dysfunctions are the failures of today’s information environment.

How we behave–as friends, as parents, as voters, as humans–ultimately depends upon our understanding of the world we inhabit. And that understanding, that view of what constitutes reality, is a product of the information we access and trust. In the United States–the society with which I am most familiar–the human family confronts two massive informational challenges: bias (both intentional and not) and fragmentation.

Unfortunately, there is little we can do about the Internet’s fragmentation of media sources, which allows citizens to occupy distinctly different realities. When the voting public accesses “alternative facts,” the incoherence of public opinion is understandable.

The failures of traditional media sources are especially troubling, both because they add to the incoherence and because they are the result of mistaken notions of journalism’s most important function–which is to provide an accurate description of the subject matter, irrespective of who or what that accuracy benefits.

Jennifer Rubin is one of the pundits who has been clear-eyed about the persistence of a journalistic worldview that prevents otherwise reputable news sources from avoiding a distorted equivalency.

After missing the significance of the MAGA movement in 2016, innumerable mainstream outlets spent thousands of hours, gallons of ink and billions of pixels trying to understand “the Trump voter.” How had democracy failed them? What did the rest of us miss about these Americans? The journey to Rust Belt diners became a cliché amid the newfound fascination with aggrieved White working-class Americans. But the theory that such voters were economic casualties of globalization turned out to be false. Surveys and analyses generally found that racial resentment and cultural panic, not economic distress, fueled their affinity for a would-be strongman.

Unfortunately, patronizing excuses (e.g., “they feel disrespected”) for their cultlike attachment to a figure increasingly divorced from reality largely took the place of exacting reporting on the right-wing cult that swallowed a large part of the Republican Party. In an effort to maintain false equivalence and normalize Trump, many media outlets seemed to ignore that the much of the GOP left the universe of democratic (small-d) politics and was no longer a traditional democratic (again, small-d) party with an agenda, a governing philosophy, a set of beliefs. The result: Trump was normalized and a false equivalence between the parties was created.

There was a reason Fox News chose “fair and balanced” as its (highly misleading) slogan: most Americans–including too many students of journalism–have been acculturated to believe that “balance” is fairness, that exhibiting similar respect for all sides of an argument is an essential element of reporting. This has led–as one wag put it–to a reportorial stenography that faithfully reports person A’s assertion that it’s raining and person B’s that it isn’t, when what the reporter ought to be doing is looking out the window to see who’s right.

As Rubin noted,

Even as Trump shows his authoritarian colors and his rants become angrier, more unhinged and more incoherent, his followers still meekly accept inane assertions (e.g., convicted Jan. 6, 2021, rioters are “hostages,” magnets dissolve in water, wind turbines drive whales insane). More of the media should be covering this phenomenon as it would any right-wing authoritarian movement in a foreign country.

The proliferation of propaganda sites facilitating confirmation bias is troubling enough, but as Rubin writes, the problem with disinformation is compounded when mainstream outlets spend “far too little attention on why and how MAGA members cling to demonstrably false beliefs, excuse what should be inexcusable conduct and ignore Trump’s obvious and growing mental illness and decline.

Outlets should routinely consult psychologists and historians to ask the vital questions: How do people abandon rationality? What drives their fury and anxiety? How does an authoritarian figure maintain his hold on followers? How do ideas of racial purity play into it? Media outlets fail news consumers when they do not explain the authoritarian playbook that Trump employs. Americans need media outlets to spell out what is happening….

The race between an ordinary democratic candidate and an unhinged fascist is not a normal American election. At stake is whether a democracy can protect itself from a malicious candidate with narcissistic tendencies or a rational electorate can beat back a dangerous, lawless cult of personality. Unfortunately, too many media outlets have not caught on or, worse, simply feign ignorance to avoid coming down on the side of democracy, rationality and truth.

Humans can only form opinions and base behaviors on the information they rely upon. When that information is unreliable– or simply wrong– “do the right thing” becomes meaningless.

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Non-Profit Doesn’t Necessarily Mean “Do-Gooder”

I was intrigued to come across an essay by John Dilulio, Jr. in a publication I had previously not encountered: American Purpose. 

I have been familiar with Dilulio–a political scientist currently at the University of Pennsylvania–since his work on George W. Bush’s “Faith-Based Initiative.” (Thanks to a generous Ford Foundation grant, I helmed a three-year, three state study of that initiative.) In the 1990’s,  Dilulio was best known in criminal justice circles for his hostile analysis of young criminals and his condemnation of violent juveniles as ”superpredators,” a position from which he later–and properly–retreated.

The essay in American Purpose addressed a very different issue: the nonprofit status of American organizations, a status that entitles such organizations to various types of tax avoidance. The “nonprofit sector,” he tells us, consists of organizations

that enjoy one or more of four types of tax exemptions, subsidies, or supports: tax-free property owned by the organizations; tax-deductible donations to the organizations; taxpayer-funded grants, contracts, or fees to the organizations; and taxpayer-funded payments to individuals for purchasing goods or services from the organizations.

Intriguing indeed. But, you ask, why do we need any such “nonprofit sector?” What criteria should be used to determine which existing or new organizations receive some, all, or none of those four tax privileges? Who is supposed to benefit from their existence, and by what measures? And, last but not least, how might we mitigate the moral hazard when some of these organizations inevitably use their tax privileges for private gains or to evade public accountability, or behave in ways that are both deceptive and self-dealing?

The essay began with the good news: something like 92 percent of all nonprofits are small, community-based, and serve local needs. Fewer than 3 percent lobby for government grants or contracts.

At the top of the nonprofit pyramid, however, are less publicly beneficial organizations–and those are especially prevalent in health care.

At its very top, the tax-privileged sector is dominated by the ten nonprofit health systems that in 2021 each collected $14.5 billion or more in annual revenues, and by a dozen nonprofit universities that are among the most well-endowed universities in America. Is enough being done to ensure that these tax-privileged titans’ board members, CEOs, presidents, and other leaders are using their respective tax privileges in the public interest while refraining from individual or institutional self-dealing?

Dilulio cites a 2023 article in which Rice University economists Derek Jenkins and Vivian Ho wrote that, “Nonprofit hospitals, which currently comprise approximately 58 percent of U.S. hospitals, have been repeatedly criticized by scholars and policymakers for failing to live up to a poorly articulated standard of ‘charity care’ and benevolence,” and for failing to justify their tens of billions of dollars a year in federal, state, and local tax breaks.  He also cited a 2022 report by the Economic Research Institute, which found that, while nonprofit hospital CEOs are paid, on average, $600,000 a year, the ten highest-paid nonprofit health systems executives made $7 million a year or more;  the CEO of Kaiser Permanente was paid nearly $18 million in 2018.

Back when I was a practicing lawyer, I saw how this worked. If a corporation being formed could credibly point to some charitable purpose, and could successfully argue for nonprofit status, monetary gains that would otherwise constitute–and be taxed as– profit could be diverted/mischaracterized as “overhead costs.” These “nonprofits” could divert what would otherwise be profit into generous salaries and lots of perks for management. (Does a health organization executive really need a luxury car supplied by the nonprofit entity? What about that corporate jet?)

The essay has much more information, and offers suggestions for legislative interventions. If you are interested in the various ways in which nonprofit status can be–and has been– gamed, it’s well worth the time to click through and read in its entirety.

My own first reaction was that this situation–the culture of “game-playing” that has allowed greed to infect and distort significant elements of a system originally intended to serve the public good–has become widespread. It isn’t limited to health care and a handful of elite universities.

Assuming we emerge from the November election with American democracy still largely intact, we need to address a multitude of structural distortions, and not just those affecting the electoral system. The misuse of nonprofit status is one of them.

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As The Legal World Turns….

The news that a symbol supporting the January 6th insurrection had hung outside Justice Alito’s home was stunning. It was so outside everything lawyers have been taught about proper judicial behavior and ethics that anyone who has ever studied the law, or the role of the courts, was incredulous. If there was any doubt about its significance, or the dishonesty of Alito’s attempt to blame his wife, a subsequent report–with photos–shows that Christian Nationalist “Appeal to Heaven” flag, used by January 6th insurrectionists, flew for two months at Alito’s beach house.

As Robert Hubbell writes, “Alito is signaling his partisan allegiance and Christian nationalism. As I wrote yesterday, we should take him at his word. If we do not, he will continue to vote for outcomes and write opinions that are antithetical to the liberties guaranteed in the Constitution.”

It doesn’t really require legal training to understand how profoundly Alito violated norms of appropriate judicial behavior. If a local judge flew a flag supporting one side of a case over which he was currently presiding, ordinary citizens–not to mention the local bar association–would immediately demand removal of both the case and the judge.

I may feel this incredible impropriety more strongly because I approached the teaching of my policy classes through a constitutional lens. I taught my students that the Constitution and Bill of Rights constrain policy choices–that legal precedents determine the boundaries of legitimate government action. I’ve previously explained that Alito’s Dobbs decision threatened far more than reproductive rights–that it undermines a longstanding legal doctrine that draws a line between permissible and forbidden government interventions.

I’m no longer teaching, and I really don’t know how I would handle the reality that “settled” constitutional interpretations are being routinely ignored by Justices on America’s highest court, so I sympathized with the law school professors interviewed on that issue by The New York Times. As one said,

One of the primary challenges when one is teaching constitutional law is to impress upon the students that it is not simply politics by other means,” he said. “And the degree of difficulty of that proposition has never been higher.”

That difficulty was addressed by the professors interviewed by the Times. As several noted, teaching constitutional law has for many years been based on an underlying premise: 

That the Supreme Court is a legitimate institution of governance, and the nine justices, whatever their political backgrounds, care about getting the law right. They are more interested in upholding fundamental democratic principles and, perhaps most important, preserving the court’s integrity, than in imposing a partisan agenda.

The premise no longer holds today. Many in the legal world still believed in the old virtues even after Bush v. Gore, the 5-to-4 ruling that effectively decided the 2000 presidential election on what appeared to many Americans to be partisan grounds. But now, the court’s hard-right supermajority, installed in recent years through a combination of hypocrisy and sheer partisan muscle, has eviscerated any consensus.

Under the pretense of practicing so-called originalism, which claims to interpret the Constitution in line with how it was understood at the nation’s founding, these justices have moved quickly to upend decades of established precedent — from political spending to gun laws to voting rights to labor unions to abortion rights to affirmative action to the separation of church and state. Whatever rationale or methodology the justices apply in a given case, the result virtually always aligns with the policy priorities of the modern Republican Party.

And that has made it impossible for many professors to teach in the familiar way. 

The mounting concerns of legal scholars are shared on both the political left and right. Michael McConnell is an extremely conservative legal scholar who has criticized the analyses of even the cases that reach his preferred conclusions. He worries that the dishonesty and hypocrisy of these justices is undermining the respect required by the rule of law.

Professor McConnell recalled a recent exchange in one of his classes. “I said something to the effect of, ‘It’s important to assume that the people you disagree with are speaking in good faith.’ And a student raises his hand, and he asks: ‘Why? Why should we assume that people on the other side are acting in good faith?’ This was not a crazy person; this was a perfectly sober-minded, rational student. And I think the question was sincere. And I think that’s kind of shocking. I do think that some of the underlying assumptions of how a civil society operates can no longer be assumed.”

As Maya Angelou told us: When someone shows you who they are, believe them.

Alito’s breathtaking breaches of judicial behavior leave no doubt about who he is. He should be impeached.

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