A Valiant Effort

Hoosiers should applaud State Senator Fady Qaddoura.

Let me start this post with a disclosure: now-State Senator Qaddoura was a student of mine, and I also served on his PhD dissertation committee. I knew him as an excellent, very thoughtful student and a truly good human being. When he was elected to the state Senate, I was delighted; I knew he would bring both compassion and intellect to the job.

That said, let me also assure readers that–even if someone I didn’t know or someone I actively disliked was the lawmaker addressing Indiana’s truly awful landlord/tenant laws– I would be equally supportive.

The Indiana Capital Chronicle recently reported on Qaddoura’s most recent efforts.

Legislation allowing renters to withhold rent from landlords who don’t make critical habitability repairs, and expanding tax credits for renters, holds potential in Indiana, according to a report released Wednesday as lawmakers ready bills for the 2023 legislative session.

Housing constitutes the “civic fabrics of our communities,” said Indiana Sen. Fady Qaddoura, D-Indianapolis, who spoke at the report’s unveiling in the Indiana Statehouse.

The referenced report was produced by the student-run Student Policy Network of the University of Notre Dame. It pointed out what real estate lawyers ( I was once one of them) have long known–that Indiana law doesn’t just  marginally favor landlords, it is significantly overprotective of them, shielding absentee owners and slumlords from the most basic responsibilities of property ownership.

Indiana is one of only five states that lack what are called “rent escrow” laws. Such laws allow tenants to temporarily pay their rent to a third party (such as a court) acting as an escrow agent when landlords have been notified of, and failed to address, serious problems of habitability.

The report included comparisons between several other states and recommended that Indiana follow Minnesota’s highly detailed model, which includes specific scenarios, legal protections for all parties and a clear-cut definition of “essential” rental functions.

Qaddoura attempted to establish a rent withholding policy with 2021’s Senate Bill 230, but it died in a House committee controlled by Republicans. He’s taking a second stab at it next session, albeit with some tweaks.

“After further discussions with the chairman of the Local Government Committee, Sen. Jim Buck, it was clear and apparent to me that there’s hesitation within his caucus to support such ideas,” Qaddoura told the Capital Chronicle. “So we spent the summer looking at different models.”

The Capital Chronicle article referenced the recent saga of  New Jersey-based JPC Properties, owner of several Indianapolis housing complexes in which tenants have faced “utility shutoffs, lawsuits and ownership changes over dangerous living conditions and rent payment mismanagement.”

“These are individuals who, as recently as a couple of months ago, were banned from working or operating in the state of Indiana or managing apartment complexes in Indiana for at least the next seven years. These are individuals who steal money from tenants without paying their utilities,” said Qaddoura, who lambasted what he called reluctance by General Assembly leaders to “go after criminals.”

Jessica Preddie, a case worker at shelter Family Promise of Greater Indianapolis, described one family who couldn’t get its landlord to address mold in its unit, to steep personal and financial consequences. One family member was hospitalized at least three times over a period of eight to 12 weeks this year, lost her job while hospitalized, and couldn’t pay the rent she still owed on the moldy unit.

During the last legislative session, Qaddoura authored a bill that would have put teeth into  the enforcement of habitability standards. It  defined “essential services” to include utility services needed for the safe and habitable occupation by a tenant of a rental unit, and  required landlords to repair or replace an essential system not later than 24 hours after being notified by a tenant that the tenant’s rental unit was without such services. The bill also provided remedies for noncompliance.

The last I heard, the bill had been sent to a study committee (where, as I have previously noted, good bills go to die…)

If you google “most landlord-friendly states,” you will find Indiana prominently listed. The lack of balance in the Hoosier state’s landlord/tenant laws has contributed to our unconscionably-high eviction rates, a problem which Senator Qaddoura has also addressed.

If Indiana could ever rid itself of gerrymandering, we might elect more lawmakers like Senator Qaddoura, and fewer culture warriors laser-focused on banning abortion and destroying public education.

A girl can dream…..

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The Fox Effect

There’s clearly a lot that could be said about former President Trump’s lunch with one full-fledged Neo-Nazi and and one wanna-be Nazi, and most of it has been said or written. I won’t add my two cents to the reactions, except to say that I agree with the two most common ones: Trump’s anti-Semitism is disgusting but hardly a surprise to anyone who follows the news even superficially; and the most telling element of this whole sordid story was the lack of pushback–or even comment–from most Republicans.

Far and away the best comment I’ve come across, and the impetus for this post, was an observation by the Daily Show’s Trevor Noah.

Everyone agrees that Nick Fuentes should not be having dinner with former president Donald Trump. He’s much better suited to be a host on Fox News.

The Daily Show followed up with an absolutely devastating “mash up” of speeches by Nick Fuentes, the Neo-Nazi, and various Fox News personalities, including  its most reliable and prominent bigot, Tucker Carlson. You really need to click through and watch it, and then consider the effect of Fox’s poison on its (largely elderly) audience.

There is a reason President Biden has identified Fox as one of the most destructive forces in the world, and Rupert Murdock as the most dangerous man in America. 

As the linked report shows, four elements make Fox News a” uniquely damaging part of the American news landscape: its strength on the political right, the demonstrated way in which it shapes its viewers’ beliefs, its grip on Republican power and the views of its leadership.”

A national poll conducted by he Washington Post and the University of Maryland looked at where people with varying political ideologies get their news about politics and government. Researchers found that  Democrats and Democrat-leaning independents consulted a reasonably wide variety of essentially mainstream sources. At least three out of ten of that group identified CNN, CBS, NBC, MSNBC, NPR, the Times, and/or The Post as  their main sources of news.

Among most Republicans, though, only two sources were identified: local television and Fox News.

Cable-news viewership skews toward demographics that are more Republican in the first place, and CNN and MSNBC are fighting for a similar base of viewers — viewers who also partake of news from other outlets. Fox News’s strength with 43 percent of the country (the percentage that is Republican or Republican-leaning independent, according to Gallup) gives it a distinct advantage in ratings.

Most Americans don’t care about ratings, of course. So it’s important to put this in a more useful context: Fox News has a larger audience than its competitors — an audience that is largely politically homogeneous. And new research reinforces that this homogeneity is not solely a function of Republicans choosing Fox News but of the network filtering what it shows its viewers.

In other words, Fox chooses what it presents as “news”–and what it omits.

Another recent study paid  a group of regular Fox viewers to watch CNN, then compared  how those viewers understood news events with how a control group of Fox News viewers understood them. The study found “large effects on attitudes and policy preferences about COVID-19” and in “evaluations of Donald Trump and Republican candidates and elected officials.”

Participants in the experiment even grew to recognize the way in which Fox News presents reality: “group participants became more likely to agree that if Donald Trump made a mistake, Fox News would not cover it — i.e., that Fox News engages in partisan coverage filtering.”

Researchers also found that much of what Fox News did show was exaggerated or untrue.

There is a growing body of research confirming that Fox is a propaganda outlet serving the GOP, and not a real news organization–a conclusion brilliantly supported in the Daily Show mash-up.

To belabor the point: where people get their news matters–which explains the considerable concern  generated by Elon Musk’s acquisition of Twitter. In pursuit of his profound misunderstanding of the First Amendment’s Free Speech clause,  Musk has opened the Twitter floodgates–the frequency of racist tweets and hate speech has grown significantly. 

Twitter has thus joined Fox in normalizing bigotry and incivility. Those of us who were already worried that Twitter was shortening attention spans and increasing Americans’ tendency to substitute bumper-sticker memes for thoughtful debate, now see the platform exacerbating racial and religious divisions and reinforcing pernicious stereotypes. 

The social media admonition not to feed the trolls seems appropriate here. In a very real sense, both Fox News and Twitter are America’s trolls. Somehow, we need to figure out how to keep people from feeding them.

Given the undeniable lure of confirmation bias, it won’t be easy.

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Paying Our Way

Complaining about taxes is more American than mom and/or apple pie. People clearly resent having to pay them, work hard at minimizing and/or evading them, and use sayings that yoke their payment to death (“nothing is sure but death and taxes..”)

Dissing taxes is just deeply embedded in the culture. That negativity obscures what would otherwise be obvious; taxes are the “dues” we pay for our membership in society.

I have always wanted to do a cost/benefit analysis, comparing what we get for paying those dues with what we would pay on the open market for the same services. (Garbage collection versus scavenger services, police versus private security, etc. etc.) I lack the data and the expertise to perform that analysis (how do I value paved roads or public parks?), but I look longingly at Scandinavian countries with tax burdens that are not–despite the mythology- much higher than our own combined burden, while relieving citizens from the costs of higher education and health care.

Admittedly, America’s tax system is manifestly unfair–and for the obscenely rich who can afford the very best accountants and lawyers, U.S. taxes are easy to evade.

If taxes are–as I insist–our dues for membership, the assessment of those dues should be equitable–and the system should be transparent enough to persuade taxpayers that everyone is paying a fair share. As economists and pundits never tire of pointing out, the American tax system is both ridiculously complex and wildly tilted in favor of the wealthy.

One of the most vocal of those critics is Robert Reich. Reich was Labor Secretary under President Bill Clinton; he now teaches at Berkeley, and he is among the many economists who have pointed out the folly of those repeated tax cuts for the rich.  Such cuts remain a GOP article of faith, despite the fact that the supposed benefits of such cuts have never materialized.

Last year, Reich penned an essay advocating increased taxes on the rich, and providing 7 ways those taxes might be levied. As he said in his introductory paragraphs

Income and wealth are now more concentrated at the top than at any time over the last 80 years, and our unjust tax system is a big reason why. The tax code is rigged for the rich, enabling a handful of wealthy individuals to exert undue influence over our economy and democracy.

Conservatives fret about budget deficits. Well, then, to pay for what the nation needs—ending poverty, universal health care, infrastructure, reversing climate change, investing in communities, and so much more—the super-wealthy have to pay their fair share.

Reich followed up with “seven necessary ways to tax the rich,” including such items as repealing the Trump tax cuts, imposing a wealth tax on those he designated as the “super wealthy”, raising the top marginal rate, taxing stock transactions (he says a tax of just $1 per $1,000 trade would raise $777 billion over a decade), and closing various loopholes.  (Just closing the carried interest loophole is estimated to raise $14 billion over a decade.)

Biden has already taken one of the seven steps Reich enumerated–giving the IRS sufficient funding to conduct audits and go after the federal income taxes currently being evaded by the rich. He calculates that just going after  the richest 1 percent would generate $1.75 trillion over the decade.

As Elizabeth Warren has long argued, a wealth tax imposed on the super-wealthy should be a no-brainer.

Wealth is even more unequal than income. The richest 0.1% of Americans have almost as much wealth as the bottom 90 percent put together. Just during the pandemic, America’s billionaires added $1.3 trillion to their collective wealth. Elizabeth Warren’s proposed wealth tax would charge 2 percent on wealth over $50 million and 3 percent on wealth over $1 billion. It would only apply to about 75,000 U.S. households, fewer than 0.1% of taxpayers. Under it, Jeff Bezos would owe $5.7 billion out of his $185 billion fortune—less than half what he made in one day last year. The wealth tax would raise $2.75 trillion over a decade, enough to pay for universal childcare and free public college with plenty left over.

I’m not so naive as to think these changes to the tax code would make the rest of us sing happy songs as we paid our taxes, but a system where everyone is obviously paying a fair share would go a long way toward mollifying a lot of us.

I’m also not sufficiently naive to think that these changes have a chance in hell of passing a GOP-majority House.

Eventually–if the culture wars subside, and we elect people actually interested in governing–we might emulate countries with better cost/benefit ratios.

We can hope…

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Another “Be Careful What You Wish For”

As regular readers of this blog know, I am firmly convinced that gerrymandering is at the root of many–if not most–of America’s electoral dysfunctions. As a result of that conviction, and my general nerdiness, I have often consulted the Princeton Electoral Innovation Lab and especially its gerrymandering project, run by Sam Wang, a professor of neuroscience at Princeton.

Wang recently authored a very interesting analysis of the likely results of a win for the “independent state legislature” theory, a theory being advanced by Republicans in the upcoming Supreme Court case of Moore v. Harper. 

The GOP argument–dismissed by most legal observers as essentially wack-a-doodle–would re-interpret and greatly expand the effect of constitutional language granting state legislatures authority over elections.That language has always been understood to mean that the legislature passes state election laws, but that, just as with other laws, whatever they pass has to be consistent with their own state constitutions–meaning that those laws can be overturned by a court or vetoed by a governor. Proponents of the Independent State Legislature theory argue that the language  gives absolute authority to state legislatures, and that whatever they pass cannot be overturned by courts or vetoed by Governors.

Given the ideological makeup and ethical deficiencies of our rogue Supreme Court, its acceptance of the case has produced significant angst in the political and legal communities.

Endorsement of the theory would strike a devastating blow against the checks and balances that constrain governmental shenanigans.  Winning the freedom to evade democratic rules–freedom to rig elections– may make the Republicans who are arguing for the theory happy, but Wang shows that if the Court accepts it, it will actually end up benefitting Democrats.

His explanation–accompanied by graphs you should really click through to see, is as follows:

But if the Republicans win in the U.S. Supreme Court, the result on a national scale would almost certainly benefit Democrats. Why? Because outside North Carolina, only swing states and blue states have curbed partisan gerrymandering. In Pennsylvania, New York, Connecticut, Minnesota, New Hampshire, Wisconsin and Virginia, this was done through the intervention of governors or voting-rights-minded state courts; in Arizona, California, Michigan and Colorado, citizen initiatives gave redistricting authority to independent commissions.

One way to see the Democrats’ likely advantage: In the 2020 presidential election, the 12 states where districts were drawn by courts or independent commissions gave 184 electoral votes to Joe Biden and only 15 electoral votes (those from North Carolina) to Donald Trump.

A win for Moore would potentially unleash all those states to redistrict at will. In contrast, in 19 states where Republicans already have legislative control of redistricting, many partisan gains are maxed out, and nothing would change.

Wang’s laboratory analyzed the effects of the Court’s acceptance of arguments being made on behalf of the theory, examining partisan possibilities in each state, and concluded that  “election maps completely controlled by state legislatures would change the overall balance of congressional seats in Democrats’ favor.”

Wang explains that there are two possible analytical paths to a Court endorsement of the Independent state legislature theory.  If they chose the first, it would liberate several Democratic states to gerrymander by removing state court authority. (He points out that just this year, New York courts struck down that state’s pro-Democratic gerrymander.)

Democrats would also gain power if independent citizen commissions were struck down. In 2010, citizens gave an independent commission power over congressional redistricting in deep-blue California, with the support of then-Gov. Arnold Schwarzenegger, a Republican. Since then, Michigan and Colorado, two states now controlled by Democrats, have also formed independent commissions. Striking down these three commissions would give Democrats the ability to draw themselves up to a dozen additional seats.

Both liberal and conservative legal scholars have overwhelmingly argued against the independent state legislature doctrine. As Wang notes, proponents of this very novel theory are “hoping to find a receptive audience in a reactionary and increasingly activist Supreme Court.”

He also observes that–should the Court hand down a decision repudiating the theory–Republicans should consider themselves lucky.

The last time I argued that the GOP should be careful what they wished for, I was predicting  a huge anti-GOP backlash to the over-ruling of Roe v. Wade. The data emerging from the midterm elections–where the anticipated “Red wave” was held to a trickle– confirmed the potency of that response.

I am not rooting for the Court to adopt a ridiculous mis-reading of a Constitutional provision. Such a result would be enormously dangerous; it would dramatically erode American democracy. Gerrymandering doesn’t suddenly become less anti-democratic when it’s being done by my preferred team.

But the result Wang predicts would serve the Rightwing a-holes right…

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How We Got Here

I have been pretty scornful of the MAGA crowd and its belief in “the good old days”–its nostalgia for a time that existed (if at all) for a very small subset of White, middle-class, male Americans. But if I’m honest, I’ll admit to a similar, albeit far more limited, nostalgia: a time when being Republican simply meant adherence to a philosophy of limited government and free-market economics.

My recollections are admittedly as selective as those of the MAGA crowd. In both cases, a reality that was true for some limited number of people ignored a much larger–and less rosy– picture.  Those fondly recalling the 1950s– “mom’s baking cookies!”–somehow fail to mention the discriminatory practices that gave mom her underpaid household “help,” and the desperation over women’s subordinate status and economic dependence that often had mom drinking in the kitchen.

Similarly, the nice Republicans with whom I worked rarely noted the “fringe” elements on the Party’s far right;  when they did, they typically sneered. It was okay to use “those elements” to do partisan grunt-work , but the more genteel and intellectual “movers and shakers” would set the policy agenda.

Little by little, of course, that fringe–the Evangelical “Christians,” the Birchers, the Neo-Nazis and other assorted racists, cranks and anti-Semites--became the GOP.

As a recent book review in The New Republic put it, the GOP establishment (naively) believed it could appeal to its extremist fringe without succumbing to it. The review was of a book by Nicole Hemmer, titled “Partisans: The Conservative Revolutionaries Who Remade American Politics in the 1990s,” and Hemmer evidently  focuses on the “moment the Republican Party lost its ability—or desire—to keep its fringe at bay.”

It prefaced the description of the book with some history:

Although some of the most prominent Never Trump pundits—such as William Kristol, editor at large at The Bulwark, and New York Times columnist David Brooks—remain shocked by the obliteration of a more cerebral conservatism, the media-driven partisanship that dominates U.S. politics today is hardly new. Since advertising professionals entered the political consulting business in the 1950s, political messaging has been designed to translate ill-formed, often unconscious, ideological predilections into conservative voting majorities by ever more intense appeals to voters’ emotions and grievances.

Those appeals always circulated on the extremist right. For mainstream politicians who wanted to win these voters, the rule of the game—one that infuriated activists like Phyllis Schlafly—was to disavow the fringe, while signaling to its members. In 1964, even as Barry Goldwater denied that the John Birch Society was promoting his candidacy and deploying canvassers for him, his campaign slogan—“In your heart, you know he’s right”—was designed to reassure those activists that Goldwater embraced their values. The nature of campaigning in the 1950s and ’60s required hiding extremism’s dark side. Television and radio ad buys on channels governed by the Fairness Doctrine made it not just possible, but almost compulsory, to court voters outside the party: A successful campaign could not purposely make itself noxious, as campaigns do today. And although alternative political media provided platforms for extremism, mainstream news outlets did not.

The article traced the trajectory from Goldwater’s campaign through Nixon’s Southern Strategy, through the coded slogans employed by Reagan and George W. Bush, to their  “populist descendants”—Patrick J. Buchanan, Sarah Palin, Ron Paul, and the Tea Party—still believing that party leaders could contain the ambitions of the “pitchfork politics” voters to whom they pandered.

The review describes Hemmer’s book –which I intend to read–as focusing on the question

how did one of America’s two major parties become dominated, not just by vicious, public attacks that used to be the province of undercover dirty-tricks specialists, but by a proud rejection of democracy itself? How did virulent nativism, homophobia, and racism spread from the far-right, where the Republican Party successfully contained it for decades, to take over a whole political party? When did culture wars, promoted between both right-wing pundits acting like politicians and right-wing politicians acting like pundits, stop simply motivating voters and shift the center of gravity in the GOP to conspiracism and illiberalism?

The review is lengthy, and situates Hemmer’s explanation in a political history that is familiar to those of us of a certain age. But here we are. The Democratic Party is far from perfect, as commenters here predictably remind us, but it remains a traditional political party. The GOP, however, has abandoned policy and embraced emotion, primarily racism and resentment; the refusal even to create a party platform marked its surrender of any pretense to care about governing.

The GOP is now the pitchfork party–and those of us who once saw it as something else need to come to terms with that reality.

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