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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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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