Fetterman Hits The Ground Running!

Those of us hoping that John Fetterman would win Pennsylvania’s Senate race and defeat the oleaginous “Dr. Oz” should be very pleased with the initial steps Fetterman is taking as he prepares to assume office.

U.S. Senator-elect John Fetterman on Friday announced two key staff hires for his office on Friday, including tapping the author of a book calling for the abolishment of the arcane Senate filibuster to be his next chief of staff.

The Pennsylvania Democrat said in a statement that he has hired Adam Jentleson to oversee his D.C. office as chief of staff and that longtime party operative and labor organizer Joseph Pierce will be his state director.

A veteran of the Senate who served under former Majority Leader Harry Reid of Nevada, Jentleson also wrote the 2021 book, Kill Switch: The Rise of the Modern State and the Crippling of American Democracy, which examines Senate rules that powerful interests have exploited to obstruct progressive legislation with overwhelming majority support among the American public”

 Jentleson has been a strong voice for ending the filibuster, which he insists is necessary to protect American democracy. I couldn’t agree more.

Those who haven’t followed the Senate’s inner workings may not realize that the filibuster in its current iteration bears little or no resemblance to the original rule. Whatever original purpose the filibuster may have served, for many years its use was infrequent. For one thing, it required a Senator to actually make a lengthy speech on the Senate floor.. In its current form, it operates to require government by super-majority–it has become a weapon employed by extremists to hold the country hostage.

A bit of history is instructive.

The original idea of a filibuster was that so long as a senator kept talking, the bill in question couldn’t move forward. Once those opposed to the measure felt they had made their case, or at least exhausted their argument, they would leave the Senate floor and allow a vote. In 1917, when filibustering Senators threatened President Wilson’s ability to respond to a perceived military threat, the Senate adopted a mechanism called cloture, allowing a super-majority vote to end a filibuster.

In 1975, the Senate again changed the rules, making it much, much easier to filibuster.

The new rules allowed other business to be conducted during the time a filibuster is (theoretically) taking place. Senators no longer are required to take to the Senate floor and publicly argue their case. This “virtual” use has increased dramatically as partisan polarization has worsened, and it has effectively abolished the principle of majority rule. It now takes the sixty votes needed for cloture to pass any legislation.

This anti-democratic result isn’t just in direct conflict with the intent of the Founders, it has brought normal government operation to a standstill.

Meanwhile, the lack of any requirement to publicly debate the matter keeps Americans  from hearing and evaluating the rationale for opposition to a measure–or even understanding why nothing is getting done.

There is really no principled argument for maintaining the filibuster in its current form. During the campaign, Fetterman repeatedly promised to support efforts to end the filibuster in the Senate, explaining that abolishing it would allow  key legislation to pass on gun control, labor protections, abortion rights, and voting access.

Jettleman has also pushed for Democrats to brand Supreme Court Justice Amy Coney Barrett’s nomination as “illegitimate” in order to pave the way for eventually eliminating the filibuster and adding more seats to the court. In 2020, he had an op-ed in the New York Times a few days after Ruth Bader Ginsburg’s death, in which he argued that– while Democrats did not have the power to block a nomination by then-President Donald Trump–they could  and should work to delegitimize it.

I first read about Fetterman when he was the very unorthodox Mayor of Braddock, Pennsylvania, and (while I’ll admit to being somewhat puzzled by his choice of clothing) I was impressed. Here was a person who actually wanted to be mayor, wanted to improve his community, unlike the many politicians who clearly view local office solely as a stepping-stone.

Fetterman is evidently bringing that same sensibility to the Senate. His choices of staff are indications that he will focus on the nuts and bolts of actual governance, rather than following the culture war/negative partisanship of Senators like Indiana’s Mike Braun. (Braun is so uninterested in the nuts and bolts of legislating that he has announced he’ll leave the Senate and run for Governor.)

Fetterman joins other Democrats who seem intent upon actually addressing the problems we face. Getting rid of the filibuster would allow them to do so.

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About That Social Safety Net…

It isn’t just the relatively recent transformation of the GOP base into a racist cult that  distinguishes  America’s political parties. There are plenty of actual policy preferences that divide today’s Republicans and Democrats.

One of the most significant is their approach to America’s social safety net (such as it is).

Heather Cox Richardson recently quoted Senator John Thune, the second ranking Senate Republican ,for his public confirmation of a Republican plan to hold the needed raise to the debt ceiling hostage– in order to force cuts to Social Security and Medicare.

Thune’s statement is consistent with positions advanced by Florida Senator Scott, whose widely-publicized “GOP agenda” included sunsetting both Social Security and Medicare. Richardson quoted research from 2019 showing that Social Security was a “major” source of income for 57% of Americans–and polling showing that 74% of Americans oppose reducing Social Security benefits. Further evidence of popular opinion: deep-Red areas voted for Medicare-For-All in the recent midterms.

Over the years, Republicans have adamantly opposed virtually all efforts to extend the social safety net–they screamed “socialism” when Medicare was adopted, they vowed to “replace” the Affordable Care Act, and the party’s attacks on Social Security have become increasing vocal. Thanks to gerrymandering, the GOP has been able to thwart proposed expansions of the country’s social safety net, and thanks to its increasing extremism, Party spokespersons have become ever more willing to publicly touch that “third rail” of American social policy.

As regular readers of this blog know, my own policy preferences are very different; research has convinced me that we could combat a number of  the social problems we face by instituting national health care and replacing most of our tattered and under-inclusive social supports with a Universal Basic Income. (My extended argument for the latter is here.)

Since I consulted the UBI research, there have been a number of pilot projects testing the concept. The Washington Post recently reported on several of them in a magazine article titled “Universal Basic Income has been Tested Repeatedly. It Works.” The article is lengthy, and it includes descriptions illustrating the ways in which specific individuals benefitted from participation in one of the pilot programs.

If you just learned about guaranteed income in the past few years, chances are it was from the presidential campaign of Andrew Yang, who got a lot of attention for his proposal that the government offer $1,000 monthly payments to all Americans. But versions of this concept had been circulating for decades among academics and progressive activists. And as the country shut down in the early days of the pandemic, the conditions appeared ripe to try something new, something radical. Pilot programs launched in Los Angeles, in New Orleans, in Denver, but also in historically less progressive cities like Birmingham, Ala.; Columbia, S.C.; and Gainesville, Fla. In March 2020, even a vast majority of congressional Republicans backed a $2 trillion stimulus bill that included unconditional cash payments for tens of millions of Americans. Since then, the Mayors for a Guaranteed Income coalition, which grew out of SEED, has swelled to more than 90 members and three dozen programs; a $15 million donation from Twitter co-founder Jack Dorsey helped fund many of the pilots.

Now, though, as the country emerges from the pandemic, the guaranteed income movement sits at a crossroads. The pilot programs have created scores of stories like Everett’s about how a small amount of money led to massive change in a recipient’s life. And a growing body of research based on the experiments shows that guaranteed income works — that it pulls people out of poverty, improves health outcomes, and makes it easier for people to find jobs and take care of their children. If empirical evidence ruled the world, guaranteed income would be available to every poor person in America, and many of those people would no longer be poor.

As the article concedes, however, empirical evidence is not what moves policymakers–not Republicans, certainly, nor certain Democrats beholden to fossil fuel magnates (yes, Joe Manchin, we are looking at you…)

At the end of 2021, an extension of the expanded child tax credit — which was seen by many advocates as a key steppingstone to guaranteed income — was blocked by a Democrat representing the state with the sixth-highest poverty rate in the country.

As the article notes, without a radical revision of our approach to a social safety net,  “America will continue to be home to one of the worst rates of income inequality of any rich nation in the world.”

Rather than recognizing the numerous social problems that are exacerbated by that inequality, today’s GOP remains fixated on eliminating the minimal security measures that do exist, in pursuit of still more tax cuts for the obscenely wealthy. 

And they are no longer pretending otherwise. 

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Too Weird To Win?

The problem with living in a bubble…

One benefits of a truly mass media is that it exposes its audience to the larger popular culture. Today, it’s easy to occupy an information bubble occupied by people who share your particular  beliefs.

A few days ago, I shared some of the positions of the New Right’s “intellectuals.” Those positions weren’t just extreme; as a recent essay from The New Republic characterized them, they were also weird. The essay argued that when these people run for office, they tend to be too weird to win elections. (Herschel Walker was a different kind of weird, but the observation still holds.)

The right is getting weirder. That might begin to cost Republicans elections in years to come and undermine their own appeals to American patriotism in a way policy extremism alone could not. American voters see the political parties as equally extreme in policy, ignoring evidence that Republicans have moved right much faster than Democrats have moved left. However, a party fixated on genital sunning, seed oils, Catholic integralism, European aristocracy, and occultism can alienate voters not because of its positions but because of how it presents them—and itself. Among the right’s intellectual avant garde and media elites, there is a growing adoption of habits, aesthetics, and views that are not only out of step with America’s but are deliberately cultivated in opposition to a national majority that the new right holds in contempt.

This is a different—though parallel—phenomenon from the often raucous, conspiratorial personality cult that surrounds Donald Trump and his devoted base. This new turn has predominantly manifested among the upper-class and college-educated right wing. Indeed, as Democratic strategist David Shor noted, as those with college degrees become more left leaning, the remaining conservatives have gotten “really very weird.” In this well-off cohort, there exists a mirror of the excesses often attributed to the college-educated left, fairly or unfairly: an aversion to mainstream values and an extreme militancy.

This segment of the Right has evidently abandoned American exceptionalism, along with the Constitution and Bill of Rights. Their “disgust with equitable citizenship, personal liberty, and democratic self-governance” are common threads running through their pronouncements.

These New Right thinkers consider America’s philosophical foundations not just mistaken, but immoral; they express “a new fascination with medieval Catholicism and imported European extremisms.” According to the essay, this faction of the Right

has shed its American and conservative roots and seeks a radical shift—a national “refounding.” Indeed, leading right-wing intellectuals like John Daniel Davidson have said that “the conservative project has failed” and that people like them constitute the educated vanguard of a “revolutionary moment.”

Whatever else one might say about this rejection of Americana–whatever other danger these people may pose to civic peace–  this is not a politically salable approach. Research confirms that nine out of 10 Americans believe being “truly American” involves respecting “American political institutions and laws.”

Americans consistently affirm that liberty, equality, and progress—the core values of republicanism and the Enlightenment—are ones they try to live by. While the content and meaning of those values have always been contested terrain, opposing them is a nonstarter.

In the midterms, candidates embracing these positions did not do well, even in states where an R next to one’s name virtually guarantees a win.

John Gibbs, a Republican nominee for a Michigan swing seat, founded a think tank that argued for overturning the Nineteenth Amendment, which gave women the right to vote. The country, he said, had “suffered” from women’s suffrage. He narrowly lost his bid. Blake Masters and J.D. Vance—two Republican candidates for Senate funded in part by tech billionaire and new-right linchpin Peter Thiel—have embraced new-right ideas and actively courted the “weird right.” Vance has questioned whether women should leave violent marriages; Masters has praised domestic terrorist Theodore Kaczynski’s infamous manifesto, argued against legal access to contraception, and openly said that democracy is a smokescreen for the masses “stealing certain kinds of goods and redistributing them as they see fit.” (Americans on balance like democracy; legal contraception is almost universally popular; and Kaczynski’s unpopularity is so widely assumed that pollsters rarely ask about him.) Masters, perhaps unsurprisingly, lost his bid to unseat Mark Kelly, and Vance badly underperformed in his blood-red home state.

The claims that characterize this slice of the body politic are increasingly bizarre: the essay points to assertions that meat substitutes will turn men into women. (One Texas Representative has declared that a man who eats cultured meat, “will turn into a SOCIALIST DEMOCRAT.”)

At the base of all this is misogyny. (Perhaps these guys all  have small winkies…)The New Right wants American women to be subservient to men and dependent upon male breadwinners.

Sorry, weirdos, but that horse has left the barn…

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Georgia On My Mind

The run-off election between Herschel Walker and Raphael Warnock has to rank pretty far up in the annals of weirdness. For the Democrats, there was Warnock, who served two years in the Senate after winning a 2020 run-off election; for the GOP, there was Walker, who was evidently once a good football player.

Warnock is educated, highly intelligent and a serious policymaker. He is senior pastor at the church once served by Martin Luther King.  Walker wasn’t just in over his head–he is clearly mentally damaged, has absolutely no background in or understanding of policy, and was asked to run by Donald Trump and supported by other Republicans because–as a once-storied football player–he had generated name recognition and considerable good will in football-crazy Georgia. (Where he evidently doesn’t live–his primary residence is in Texas.)

And he’s Black.

Let’s call that cynical racism what it is: Republicans figured that running a Black  candidate would make the GOP seem less racist, and maybe even split the Black vote., encouraging some number of Black voters who usually vote Democratic to reward the GOP for nominating a Black candidate. (Black people are interchangeable, right?)

The pathetic reality is that Walker either happily allowed himself to be a GOP puppet or was too dense to realize that his handlers considered him a useful idiot.

A column in USA Today summed up my reaction to this whole bizarre exercise:

So much has been said about Herschel Walker’s gross incompetency as he takes aim at securing a seat in the U.S. Senate. As I looked at the recent nail-biter polling – Walker and incumbent Sen. Raphael Warnock are even at 46.4% on Thursday night – my first thought was: How could this race be this close?

Then, I felt enormous shame for this country. A place my family and I, Nigerian immigrants who became naturalized citizens more than 20 years ago, have always viewed as a symbol of true democracy. A country where we proclaim justice and freedom and fight fiercely to uphold those signature markers. A nation fervently striving, still, for common decency….

Much like Trump with the presidency, when Walker threw his hat into the Senate race, people scoffed at the idea. There was no way a man who can barely form a coherent sentence could convince reasonable citizens that he, over a well-respected, educated pastor, was the better choice. And, much like Trump, I strongly doubt, given his rambling speeches and cringe gaffes, that Walker knows what the Constitution is, let alone grasp his duties to protect it. The celebrity-turned-politician based on popularity and name recognition needs to end. Walker is the most dangerous embodiment of this.

Voters who might have been forgiven for not recognizing Walker’s “gross incompetence” when he was first nominated could hardly avoid the ensuing avalanche of news about his  obvious lies about his education and business history, the emergence of previously unacknowledged children, several domestic abuse incidents–and most embarrassing of all for an avowedly “pro life” candidate, revelations that he’d paid for at least two former girlfriends’ abortions.

And then there was his disquisition about vampires and werewolves…

During the campaign, Walker became a laughingstock, the butt of late-night jokes and even a Saturday Night Live “cold open.”

And yet, after all of that, 1,719,868 people voted to elevate this man to the august chambers of the U.S. Senate.( I am reasonably certain that very few of those ballots were cast by Black voters, most of whom were appropriately furious at the Republican Party’s  transparent effort to suggest that, since he was also Black, Walker was equivalent to the highly qualified Warnock.)

The fact that so many Georgia Republicans went to the polls to cast votes for Walker led Bret Stephens–the New York Times conservative columnist–to concede what most of us know: the GOP he (and I) once belonged to no longer exists. Stephens said:

Just the fact that he managed to make it to a runoff is a sign of how much is wrong with the United States today. A near-majority of voters in Georgia would rather vote for a moral delinquent with no grasp of the issues at hand than someone with whom they merely disagree.

The thing is, the people who voted for Walker don’t “merely disagree” with Warnock (or Biden or the Democrats). Most would be hard pressed to address substantive policy differences at all. Like the rural Indiana voters who automatically vote for anyone with an R next to his name, they see “woke” Americans as an existential threat. If combatting that threat required them to vote for a turnip, they would.(Arguably, they did…)

This is where the culture wars have gotten us.

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A Dishonest Court. A Dishonest Case.

I’ll begin with a warning: This will be a bit longer than my usual post, because I’m livid.

I began to write about 303 Creative v. Elenis, the case brought by a website designer who wants an exemption from Colorado’s civil rights/public accommodation law. She claims her “sincere religious beliefs” prevent her from “endorsing” same-sex marriages, and wants the Supreme Court to exempt her from the law’s non-discrimination requirement. She is asserting that the First Amendment–which among other things  prohibits government from compelling speech–protects “artists” and those engaged in “expressive” work from endorsing behaviors they consider sinful, and  further asserts that the act of providing a wedding website would constitute such endorsement.

Initially, I just intended to argue that framing this conflict as a Free Speech issue is dishonest.

.As David Cole pointed out in the New York Times, 

The right question is whether someone who chooses to open a business to the public should have the right to turn away gay customers simply because the service she would provide them is “expressive” or “artistic.” Should an architecture firm that believes Black families don’t deserve fancy homes be permitted to turn away Black clients because its work is “expressive”? Can a florist shop whose owner objects to Christianity refuse to serve Christians?

Cole points out that artists don’t have to open businesses in the first place.

Most writers, painters and other artists never do; they pick their subjects and leave it at that. The photographer Annie Leibovitz, for example, does not offer to take photographs of anyone who offers to pay her fee but chooses her subjects. She is perfectly free to photograph only white people or only Buddhists.

Cole also reminds us that  businesses open to the public are free to define the content of what they sell. “A Christmas store can sell only Christmas items without running afoul of public accommodations laws. It need not stock Hanukkah candles or Kwanzaa cards. But it cannot put a sign on its doors saying, “We don’t serve Jews” or “No Blacks allowed.””

The lawsuit frames a website designer as an “artist” who should be exempt from public accommodation laws because her product includes an “expressive” element. As Cole points out, multiple businesses are expressive: interior decorators, landscape architects, tattoo parlors, sign painters and beauty salons, among others.

I intended to argue that, on the ground of dishonest framing alone, the plaintiff should lose. But then I did some further research, and what I found appalled me.

I already understood that this case had been intentionally  constructed–manufactured– to appeal to our newly theocratic Supreme Court majority. The plaintiff has the same lawyer who brought the bakery case a few years ago raising the same arguments. The Court essentially “punted” on that one, returning it to Colorado without reaching the merits, and this case has clearly been manufactured to try again.

But that isn’t the half of it. Robert Hubbell provides the ugly underside.

It turns out that this case does not involve an actual “case or controversy”—as required by the Constitution.( In the United States, courts are not allowed to issue advisory opinions, only to decide actual, existing conflicts.)

In general, the jurisdiction of federal courts is limited to real disputes in which the plaintiff can show actual injury. (That is a gross oversimplification of a complicated judicial doctrine, but stick with me for a moment!)

 The 303 Creative “controversy” was manufactured by a religious advocacy organization (ADF). The plaintiff is a web design company that might—in the future—offer such services for weddings. But the plaintiff does not yet offer that service, may never do so, and (therefore) has not yet been asked to provide those services to a same-sex couple. Nonetheless, the plaintiff asks the Court for an advisory ruling about its obligations under a Colorado statute prohibiting discrimination on the basis of sexual orientation.

No same-sex couple has ever asked Smith to make them a wedding website; in fact, she has never made a wedding website for anyone. Her work to date focuses on local politicians, dog breeders, contractors, and houses of worship—not celebrations of life events.

Smith one day might be asked to make a same-sex couple’s website, ADF asserted. And when that day comes, she wants the right to say no.

The first question any lawyer–or any law student– would ask is: in the obvious absence of an actual case or controversy, why did the Court agree to hear this case? I’m afraid the answer to that is chilling: because this is a Court with a rogue, theocratic majority intent upon imposing  religious beliefs held by a minority of Americans on the rest of us–intent upon making the U.S. a “Christian nation.”

There’s more. It turns out that the Colorado statute already has language that would allow Smith to refuse to make a custom website for same-sex couples.  Only  if the business offers “off the shelf” website designs for sale to the general public would she be required to sell them to anyone who wants one. This so-called “artist” wants the Court to say that she can refuse to sell a standardized product to same-sex couples.

Let’s get real. If a business owner really, sincerely doesn’t want to work with particular customers,  it is supremely easy to evade nondiscrimination laws. The proprietor can always say something like, “Gee, Mrs. Smith, I am so backed up with orders that I can’t meet your timeline,” or “I’m so sorry, Mr. Jones, but I’m short-handed right now”…there are lots of ways these pious bigots can refrain from “participating in sin” without trumpeting their disdain or trying to change the law to encourage others to discriminate.

I will also note that the use of such all-purpose excuses would allow Smith to deny service to other “sinners”–surely her “sincere” religious beliefs would prohibit sales to adulterers or women who’ve had abortions, or atheists…interesting how these “godly” folks are laser-focused on just one sin…

It’s depressing enough to realize how many “Christian soldiers” are fixated on making life miserable for us “others.” It is absolutely terrifying to realize that the Supreme Court of the United States is controlled by theocrats intent upon eviscerating the wall of separation erected by the First Amendment’s religion clauses in order to enforce their version of “morality” on all  Americans.

Iran has morality police. How’s that working out for them?

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