Rush Limbaugh Wasn’t The Only Big Fat Liar

Several years ago, before he joined the US Senate, Al Franken wrote a book titled “Rush Limbaugh is a Big Fat Liar.” Its accusations were accurate, and–because it was Al Franken (who should never have been run out of the Senate for a dumb joke)–it was also pretty funny.

Today, Rightwing liars aren’t funny. We live in a time of rampant lying, politely called “misinformation,” and thanks to a deficit of critical skills and a surfeit of confirmation bias, those lies do enormous damage.

Case in point: a while back, The American Prospect ran a story about “misinformation” feeding the Right’s current anti-Trans frenzy.

Former New York Times columnist Bari Weiss recently founded a publication called The Free Press, and several weeks ago it published an account from a woman named Jamie Reed. Reed, who worked as a case manager at a Washington University gender clinic in St. Louis, made inflammatory accusations (with more in a sworn affidavit) that numerous children at the clinic were being carelessly shoved into irreversible gender treatment en masse.

Reed’s article went viral on social media, and was cited by numerous conservatives and transphobes as conclusive proof that too many kids are getting transition care. A couple of prominent liberals joined in as well. Matthew Yglesias cited it as credible on Twitter and Substack. “The picture she paints of the clinic’s treatment of children is ghastly. The affidavit she signed is even worse,” wrote Jonathan Chait at New York magazine. (It’s of a piece with an ongoing trend in liberal and centrist publications of writing anxious articles raising questions about youth transition care.)

There is just one problem. Reed’s account is a pile of garbage.

As the article pointed out, any sensible person would have noticed a number of obvious red flags when the article first was published. Reed’s  lawyer had founded an openly transphobic organization, and Reed made several wildly mistaken claims about the side effects of some gender treatments.

In her affidavit, Reed claimed that children came into the clinic identifying as “mushroom,” “rock,” or “helicopter,” only to be quickly given puberty blockers or hormones. This is not only facially preposterous, but in the last case suspiciously lines up with a common right-wing transphobic “joke.”

Subsequent reporting demolished Reed’s story, but a great deal of harm had been done–and people who harbor animus against the LGBTQ+ community  still cite it. For that matter, as the article accurately notes, the United States is currently in the grip of a full-blown transphobic moral panic, and “dubious, unrepresentative, or entirely made-up anecdotes are trumpeted across right-wing media.”

That “misinformation” has buttressed the GOP’s legislative attacks on trans youth and overwhelmed credible academic studies, which have overwhelmingly confirmed that “transition is quite rare, de-transition relatively unlikely, the regret rate of gender affirmation surgery low, and treatment difficult and expensive to access.”

Trans children aren’t the only targets of the Right’s intentional lying, a/k/a “misinformation campaigns.” Talking Points Memo has documented one of the many efforts to portray Black Lives Matter as some sort of criminal organization.

When Silicon Valley Bank (SVB) failed, the Right immediately condemned that failure as an example of how“woke culture” had made the bank inefficient. As Josh Marshall wrote,

Ground zero for this is the allegation that SVB had donated over $73 million to the “BLM Movement & Related Causes.” That struck me as quite a lot of money for a single company, even a large and profitable one, to give to any cause or even all causes. So I tried to find out where this factoid came from and rapidly found my way to a Trumpist think tank….

The claims come from a database posted earlier this week by the Center for the American Way of Life, a project of the Claremont Institute. As Claremont put it in a Newsweek article introducing the database, “Americans deserve to know who funded the BLM riots.”

Marshall found no evidence of the purported donation; it appeared that the Center counted any giving by any major corporation to anything tied to civil rights or diversity or just Black people generally as a gift to BLM.

Campbell’s Soup, for example:

Those were grants to Black Girls Code, National Urban League, the NAACP Legal Defense and Educational Fund, the Campbell Canada’s Black History Month Fund, the Equal Justice Initiative and the Boris L. Henson Foundation. Again, tied to Black people, so it’s all “BLM.”

Marshall goes through the database’s “reports” on several other corporations and found  any donation in any way connected to Black people listed as  support for “BLM riots, mayhem and violence.”

These sorts of assaults aren’t innocent “mistakes.” They’re deliberate lies, in service of hateful ends.

The tactic didn’t die with Limbaugh.

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Why I Don’t Think The Midterms Were An Anomaly

I have a bet with my youngest son. He’s a political pessimist, especially when it comes to the state of Indiana. (The bet involves very expensive dinners…) The bet was triggered by my excitement–and optimism–about Jennifer McCormick’s announcement that she is a candidate for Governor. I think she can win, even in deep Red Indiana; my son has written off the possibility of any Democrat winning statewide office, and has dismissed any predictive value of Obama’s 2008 Hoosier win.

My optimism about McCormick’s campaign is partially due to candidate quality (both hers and that of her likely opponent, the odious Mike Braun) but it is also based on what I see as a national trend: from top to bottom, the GOP is running truly horrible candidates.

At the very top of the Republican ticket, we are almost certain to get either Donald Trump or Ron DeSantis. American voters soundly rejected Trump in 2020, and he gets more certifiable as his legal woes mount. DeSantis appears to be basing his campaign on an “anti-woke” platform. Not only is DeSantis most definitely not a guy you’d like to have a beer with, his evident belief that a majority of Americans want to return to the 1950s, when “men were men” (and in charge), women were in the kitchen barefoot and pregnant, no one had ever heard the word transgender, and schools dutifully imparted White Christian propaganda, is simply delusional.

In a recent issue of his daily newsletter, Robert Hubbell noted that Democratic over-performance hasn’t abated since the midterms, when that predicted Red wave failed to materialize. He pointed to subsequent elections in Colorado Springs, Colorado, where voters selected the first non-Republican mayor since 1979 by a margin of 15 points;
a Pennsylvania special election to the state assembly where the Democrat won by 20 points and maintained Democratic control despite the fact that, going into the 2022 midterms, Republicans had held a 113-90 advantage; and a New Hampshire assembly race where the Democrat won by 43 percentage points, “eclipsing Biden’s 27-point margin in 2020.”

Hubbell quoted one analyst for the observation that

Democrats have overperformed the 2020 presidential results by an average of six points across 18 state legislative races this year. . . . They’ve also beaten their 2016 margins by an average of 10 points.

He quotes another analyst who focused in on the underlying reasons for that over-performance: abortion extremism, ongoing GOP-encouraged gun violence, extremist MAGA candidates, and a (finally!) fired-up Democratic grassroots.

In the run-up to the midterms, Republicans confidently pointed to Joe Biden’s disappointing approval ratings as a sign that they would sweep their gerrymandered House districts and retake control of the Senate. As we now know, despite the extreme gerrymandering and the vote suppression efforts, those victories eluded them.

As Morton Marcus and I argued in our recent book, the loss of Roe v. Wade was a major reason for that outcome. Women’s progress toward civic equality requires autonomy, control over one’s own reproduction, and most women who vote understand that. Republicans running for office in 2024 will have to “thread the needle” between primary voters who are rigidly anti-abortion and a general election electorate that is lopsidedly pro-choice.

Good luck with that…

Add to the abortion wars the daily gun carnage that feckless Republicans keep trying to blame on mental health–despite the fact that large majorities of voters, even majorities of NRA members, attribute the mayhem to the lack of responsible gun regulations.

Voters who aren’t part of the White Nationalist Cult that is today’s GOP look at Congress–at Republicans protecting George Santos, hiring Neo-Nazi staffers, threatening to ruin the economy if they aren’t allowed to deprive poor people of food and mistreat veterans...and a not-insignificant number of them are echoing the immortal words of Howard Beale in the classic movie Network:“I’m as mad as hell, and I’m not going to take this any more!”

It’s true that the GOP can count on its cult members coming to the polls. There are more of those sorry creatures than most nice people want to believe, and they absolutely pose a danger to all of us–but they are a distinct minority of Americans. We need to see them for what they are, and recognize the threat they pose to the America the rest of us inhabit, but they can’t win in the absence of majority apathy.

Democratic candidates, on the other hand, appeal to voters who (like Indiana’s McCormick) support public education and academic freedom, who believe in separation of church and state, in women’s equality, in civility and compassion and inclusion–in all those qualities that our parents taught us were admirable, but the GOP disdains as “woke.”

There’s a lot to be concerned about, but like Hubbell, I’m hopeful.

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History Repeats Itself

One of the most disconcerting realizations triggered by the election of Donald Trump and the various rages of MAGA Republicans has been my realization that there are many more haters in the American public than I had ever imagined. If survey results and academic research are to be believed, these fearful and angry people comprise some 25-30% of our “body politic”–and they are coming for the rest of us: Blacks, Jews, Muslims, LGBTQ+ folks…anyone who isn’t a White Christian. 

Not a majority, thankfully, but a substantial and incredibly dangerous minority–made infinitely more dangerous by anti-democratic political mechanisms (gerrymandering, the Electoral College, the filibuster) that allow them to exercise far more power than they would be entitled to on the basis of raw numbers.

The New York Times recently ran an essay by Michelle Goldberg tracing differences between the Christian Nationalism favored by Trump and his supporters, and the version being developed by Ron DeSantis.

As she noted,

The issue isn’t whether the next Republican presidential candidate is going to be a Christian nationalist, meaning someone who rejects the separation of church and state and treats Christianity as the foundation of American identity and law. That’s a foregone conclusion in a party whose state lawmakers are falling over themselves to pass book bans, abortion prohibitions, anti-trans laws, and, in Texas, bills authorizing school prayer and the posting of the Ten Commandments in classrooms.

Goldberg reported on the recent ReAwaken America Tour, “a Christian nationalist roadshow co-founded by the former Trump national security adviser Michael Flynn.” Two of the speakers on that tour were jettisoned when the tour arrived in Miami because of negative publicity over their praise of Hitler, although they remain on the group’s website.

Unsurprisingly, Trump called in to offer his unrestrained support.

Goldberg notes that DeSantis is “fluent in the language of the religious right, and strives to check all its policy boxes”. 

Put on the full armor of God. Stand firm against the left’s schemes,” he said at the Christian Hillsdale College last year, substituting the “left’s schemes” for the “devil’s schemes” of Ephesians 6:11. In addition to the abortion ban and his war on “woke” education, he will almost certainly sign a recently passed bill intended to keep trans people from using their preferred bathrooms in government buildings, including schools.

As Goldberg notes, the question is whether rank-and-file religious conservatives care more about consistency or charisma. “DeSantis treats Christianity as a moral code he’d like to impose on the rest of us, Trump treats it as an elevated status that should come with special perks.”

Both are terrifying–and both are eerily reminiscent of the significant pro-Nazi movement in the United States during the interval between the first and second World Wars. Most of us today are unaware of just how robust that movement was–it became considerably less fashionable once we entered the Second World War (although some American corporations that traded with Germany continued to do so even after declarations of war).

I was certainly unaware of the extent of American pro-Nazi sympathy.

In 1933,  Rudolf Hess, then deputy führer of Germany, authorized formation an official American branch of the Nazi Party, to be known as the Friends of New Germany in the U.S. Although based in New York, it had a strong presence in Chicago, and it was openly pro-Nazi. According to historians, members stormed the German-language newspaper New Yorker Staats-Zeitung and demanded that the paper publish articles sympathetic to Nazis.

The German American Bund formed in 1935 and lasted until America formally entered World War II. Its goal was a united America under Nazi ideology. It was anti-communist and anti-Semitic. Taking inspiration from Hitler Youth, the Bund had a youth division–  members “took German lessons, received instructions on how to salute the swastika, and learned to sing the ‘Horst Wessel Lied’ and other Nazi songs.”

The Bund continued to justify and glorify Hitler and his movements in Europe during the outbreak of World War II. After Germany invaded Poland in 1939, Bund leaders released a statement demanding that America stay neutral in the ensuing conflict, and expressed sympathy for Germany’s war effort. The Bund reasoned that this support for the German war effort was not disloyal to the United States, as German-Americans would “continue to fight for a Gentile America free of all atheistic Jewish Marxist elements.”

The Bund didn’t disband until the day after the bombing of Pearl Harbor.

It’s impossible to read today’s news without seeing the parallels–and concluding that the pro-Nazi sentiments that led to the Friends of New Germany and the German-American Bund have simply remained underground until encouraged to emerge by the MAGA movement and its would-be fuhrers. 

We can only hope that it won’t take another World War to defeat them.

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Losing My Faith

Faith isn’t only important for religions that emphasize faith over works.

Living emotionally healthy lives also involves having faith in our families and friends, and in our social institutions. Faith in the trustworthiness of government is critically important to the maintenance of a democratic polity–and after many years, I’ve lost my (undoubtedly naive) faith in part of America’s government–the Supreme Court. 

It was bad enough watching Brett Kavanaugh engage in his very un-judicial hysterical rant during his confirmation. It was infuriating when Mitch McConnell publicly displayed the game-playing that goes into elevating nominees to the highest court in the land. And of course, the almost-daily revelations about Justice Thomas are enough to make an ethical lawyer gag.

The rank dishonesty of today’s Court–on display when Alito’s theocratic impulses won majorities in Hobby Lobby and Dobbs–are far from the only evidence that the Court is not the collection of thoughtful, dispassionate legal analysts I once fondly believed.

A recent book by Stephen Vladeck focuses on the Court’s increased use of the shadow docket. Vladeck shows how the conservative justices ignored decades-old norms by using that docket, which doesn’t require briefing or consideration of the merits, to issue a series of shadowy unsigned and unexplained emergency orders.

The Shadow Docket was created as a mechanism to deal with issues requiring an immediate ruling on procedural matters, such as scheduling, or situations requiring maintenance of the status quo until the case could be considered on the merits, to avoid irreparable harm to a litigant.

Vladeck’s book describes the largely unnoticed shift towards what he calls “furtive justice.”  “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic,” argues that rightwing justices have “abused the court’s emergency powers to run roughshod over the longstanding norm that shadow docket orders should be used sparingly and with extreme caution.”

Rightwing justices are now deploying such orders dozens of times each term. Over three terms alone, from 2019 to 2022, the court granted emergency relief in more than 60 cases: effectively overturning the considered decisions of lower courts through rushed, unexplained rulings.

It shouldn’t surprise us that the current Court is experiencing a crisis of legitimacy, but like many lawyers, I stubbornly believed that the Court’s dysfunctions were of relatively recent vintage. (Thanks, McConnell!)

Then I read Erwin Chemerinsky’s 2015 book: The Case Against the Supreme Court.

Chemerinsky is one of my legal heroes. He’s an American legal scholar widely respected for his studies of constitutional law and federal civil procedure. Since 2017, he’s been the dean of the UC Berkeley School of Law. (I was once on a panel with him, and he was erudite and self-effacing and altogether charming.)

The book is a scathing critique of the Supreme Court for failing–throughout its history– to carry out its most important responsibilities at critical moments. According to Chemerinsky, the two “preeminent purposes of the Court are to protect the rights of minorities who cannot rely on the political process and to uphold the Constitution in the face of any repressive desires of political majorities.” 

In the book, Chemerinsky goes through the Court’s jurisprudential history, identifying case after case in which the Court failed to take a stand for constitutional rights and principles. He gives example after example of the Court’s “decades-long support for government-sanctioned slavery, racial segregation, corporate favoritism, and suppression of speech during times of crisis.” “Throughout American history,” Chemerinsky writes, “the Court usually has been on the side of the powerful—government and business—at the expense of individuals whom the Constitution is designed to protect.”

Chemerinsky acknowledges that the Court has occasionally performed as we would hope, in cases like Brown v. Board of Education, but even the Warren Court–a high-water Court in the opinion of most legal scholars– doesn’t escape reproof. (He details in one chapter how “it did so much less than it needed to and should have done, even in the areas of its greatest accomplishments.”)

Chemerinsky absolutely eviscerates the Roberts Court–and that was in 2015, before Gorsuch, Kavanaugh and Barrett– enumerating the many ways in which that Court continues to favor the powerful over citizens in a wide range of areas from generic drug manufacturers to voting rights.

The book does provide a laundry list of reforms that might ameliorate the deficiencies: term limits for the Justices, several changes to the way the Court communicates, and –importantly–rigid ethical requirements and recusal procedures. 

 Vladeck and Chemerinsky–and the Roberts Court–have disabused me of my prior, naive faith in the Court. The domination of Congress by the GOP’s version of the Keystone Kops had previously removed any remaining confidence or faith in that body.

That leaves one leg of a three-legged stool……  

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