Can We Talk?

A reader of this blog recently shared a column from the Washington Post.   It warned that the most significant threats to democracy come from the internal inconsistencies of democratic ideology.

At least, I think that is a fair summary of the argument/analysis being put forward.

America’s democratic structure is indeed shuddering — but it is shuddering under its own weight. The threat to democracy isn’t (for now) a usurper system, but democratic ideology itself. At least that’s one way to read a significant new study on democratic attitudes published in the American Political Science Review by Danish academic Suthan Krishnarajan.

Talk of the “defense of democracy” in the United States evokes a conveniently sharp division between citizens who favor democracy and those who don’t. Krishnarajan takes a more subtle approach. He shows that citizens who self-consciously support democracy can simultaneously support undemocratic actions on a large scale when it suits their political interests — and not recognize the contradiction.

The author was disturbed to discover that foolish consistency isn’t the hobgoblin of American minds….

Partisanship, unsurprisingly, tended to distort respondents’ views of what is and isn’t “democratic.”

Democracy, of course, is a process defined by elements such as fair elections and free speech. Liberal or conservative outcomes — more or less immigration, or more or less social spending — can both emerge from the democratic process. In 2020 and 2021, Krishnarajan used a carefully constructed survey with “vignettes” designed to tease out how Americans’ views on democracy interacted with their partisanship. The result: Most people conflate the democratic process with their favored political outcomes.

Respondents “tend to delegitimize opposing views by perceiving them as undemocratic — even when they are not,” Krishnarajan found. “When confronted with a perfectly regular left-wing behavior” — such as implementing Obamacare — “48% of the right-wing citizens consider it to make the country ‘much less democratic,’ ” the paper says. “Conversely, when confronted with regular right-wing behavior” — such as repealing Obamacare — “46% of the left-wing citizens consider it to make the country ‘much less democratic.’ ”

There is considerably more, and if you find this “analysis” (note quotation marks) illuminating, click through and read the entire essay.  My own opinion is that it belongs with the very large pile of irrelevancies regularly produced by what Molly Ivins called the “chattering classes”–and that pile contains an embarrassing number of supposedly scholarly publications. 

Here’s my (admittedly crabby) complaint.
 
 We Americans misuse and abuse terminology in ways that make it difficult to talk to each other. (There’s a great Facebook meme to the effect that “most people wouldn’t recognize socialism if it deposited a monthly Social Security check in their bank accounts.”) The imprecision of language–both “liberal” and “conservative” mean very different things to those employing the labels–makes “studies” of the sort reported in this column considerably less than useful.

What the respondents to the survey meant by “democracy” undoubtedly varied widely, but most of them probably use the term to mean the structure of America’s governance—including constitutional principles and democratic norms. Technically, of course, democracy simply means majority rule, although in the US, democratic processes are restrained /limited by the anti-majoritarian Bill of Rights.

It’s pretty clear from the examples in the column that the survey respondents didn’t limit their understanding of the term to its dictionary meaning.

The following paragraph is an example:

 Norm-breaking behavior, in other words, gets justified within a democratic frame, not outside it. That finding is consistent with how U.S. politics is practiced today: To take one example, presidents of both parties tend to claim the mantle of popular authorization when they sideline Congress and expand executive power.

Is the expanded use of executive power “anti-democratic”? Yes, when it falls outside longstanding constitutional constraints imposed by separation of powers, no when it doesn’t. Yes, when executive power is used to impose a rule with which a majority of Americans disagree; no when it is employed to further the clearly expressed preferences of that majority. 

 Americans are fighting over competing visions of democratic governance. It’s an epiphany!

So the fight in America right now isn’t between democracy and non-democracy, but between two opposing visions of popular sovereignty. The concept of democracy, broadly agreed upon but fiercely contested in its particulars, never came with fixed guardrails. And the higher the perceived stakes rise, the more tempting the invitation to destroy political norms — and to rationalize their destruction as necessary for democracy.

In other words, it depends–and it’s both simpler and far more complicated than the author of the essay (and presumably, of the study he references) wants to acknowledge. Does the  realization that Americans have different ideas about what democracy looks like really merit an anguished disquisition in the Washington Post?

But then, I told you I was crabby…..

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Justice Roberts Knows Better

Survey research has shown a sharp increase in the number of Americans who have very negative opinions of the Supreme Court. In response to that research, Chief Justice Roberts recently delivered an admonition: “simply because people disagree with an opinion is not a basis for criticizing the legitimacy of the court.”

Really, Justice Roberts? Were you able to deliver that pearl of wisdom with a straight face?

As a number of pundits have noted–and as Roberts certainly knows– the dramatic drop in approval isn’t a consequence of unpopular results. It’s a consequence of the shocking dishonesty of the reasoning used to achieve those unpopular results, and the blatant illegitimacy of the processes that seated political/religious ideologues on the Supreme Court bench.

One of the most incisive responses to the Chief Justice’s weak defense was written by (formerly Republican) Jennifer Rubin, in the Washington Post.

Rubin correctly characterized Roberts’ remarks as unprofessional “whining,” noting that “no court was more heavily criticized than the Warren court.”

Yet you did not hear a constant drumbeat of complaints from the justices themselves. They let their opinions and history do the talking — an approach the current court, which is widely and correctly seen as partisan and peevish, would do well to follow.

After noting that Roberts “really doesn’t get it,” and marveling about the degree to which the current court is “utterly and completely tone-deaf to its role in the destruction of its own integrity,”  Rubin  issued a withering critique that pinpointed the reasons this Court is so widely–and correctly– viewed as illegitimate:

Roberts would rather not address the root of the court’s credibility crisis: its conservative members’ blatant disregard of nearly 50 years of precedent, their misuse and abuse of facts and history, their penchant for delivering public screeds in political settings, their misleading answers in confirmation hearings, their improper use of the shadow docket, their prior placement on the shortlist of potential justices by right-wing dark-money groups attempting to transform the judiciary, their opposition to adhering to a mandatory code of judicial ethics — and a refusal by Thomas to recuse himself from cases related to the Jan. 6, 2021, attack on the Capitol, despite the anti-democracy activism of his wife, Ginni.

And let’s not forget: The court got its 6-3 supermajority largely through GOP hypocrisy and Congress’s refusal to take up the nomination of Merrick Garland in the last year of Barack Obama’s presidency.

Rubin’s column quotes a number of highly respected legal scholars who have been appalled by highly politicized decisions issued by this court.

It is true, as Rubin acknowledges, that Roberts didn’t author the most egregious opinions, but he has joined them. Rubin identifies the abortion ruling in Dobbs, the prayer-in-schools ruling in Bremerton, and the Brnovich decision on voting rights, written (again!) by Alito–a decision that Norman Ornstein accurately criticized as blatantly ignoring the plain language of the law and rewriting it to fit his “partisan and ideological views.”  She also quotes Ornstein’s observation that Roberts has “ignored Clarence Thomas’s blatant conflicts of interest and continues to oppose applying the judicial code of ethics to the Supreme Court, even as its credibility plummets.”

Rubin quotes Stephen I. Vladeck, a law professor at the University of Texas saying  “If the court’s legitimacy doesn’t come from public acceptance of the principled nature of its decision-making, where does it come from?” The operative word in that quote is “principled.” Americans respond very differently to Supreme Court decisions with which they disagree when they can see that those decisions were principled exercises in legal analysis rather than obvious distortions of facts and precedents employed to reach a preferred result.

Americans will also respond differently to decisions that expand American liberties rather than  reverse them. This Court is the first in U.S. history to constrict, rather than enlarge, individual liberty. When it removed a constitutional right that Americans had relied upon for  fifty years through a historically dishonest and legally-tortured decision, the Court focused  a glaring spotlight on its own illegitimacy.

The court has failed to regulate itself and instead has abused its power. None of the six right-wing justices acknowledge, nor do they signal they want to halt, the conduct that has lost the public’s confidence.

So it’s up to Congress and the president to shore up the court’s credibility. Allocating more seats to correct the damage done by Sen. Mitch McConnell’s court-packing, imposing term limits on all justices and enacting a mandatory code of ethics would be good places to start.

Good proposals, but they will only be possible if large majorities of Americans vote Blue in November.

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Lindsey Graham Tells The Truth…

Ok, so it was inadvertent.

Graham–as most readers of this blog undoubtedly know–has blown the cover off the “states’ rights” arguments in Dobbs–and even the state’s rights “musing” in Clarence Thomases horrific concurrence. The Court’s argument is that certain fundamental rights previously protected nationally really aren’t so fundamental, and ought to be decided by state legislatures that are “closer to the people.”

That argument was never particularly persuasive, since it has a lot in common with the argument that human freedom from bondage isn’t a fundamental right, so whether or not slavery should be allowed would be best decided at the state level. (It also overlooks the widespread gerrymandering that has resulted in multiple state legislatures that don’t remotely reflect the wishes of their constituents.)

As multiple news organizations have reported

 With abortion access already expected to be a major issue in November’s midterm elections, Republican Sen. Lindsey Graham supercharged the debate over reproductive rights by introducing a bill that would ban most abortions after the 15th week of pregnancy.

“I have chosen to craft legislation that I think is eminently reasonable in the eyes of the world,” the South Carolina senator said. “If we take back the House and the Senate, I can assure you we’ll have a vote,” he vowed, speaking at a Capitol Hill press conference where he was flanked by some of the nation’s most prominent anti-abortion activists, including Marjorie Dannenfelser of Susan B. Anthony Pro-Life America. Many of those activists would like an outright ban on all abortions.

“This bill, frankly, doesn’t go far enough for many people,” said Penny Young Nance, president of Concerned Women for America. “But it is a consensus piece of legislation.”

Well, so much for the rights of states that want to protect a woman’s right to choose.

I don’t know what Graham thought he was doing with this legislative turd–perhaps he thought a national law that waited to criminalize abortion until 15 weeks would  be so generous that it would appeal to people who are conflicted about outright bans. Perhaps, as some commentators have suggested, he thought the promise of a nation-wide ban would motivate the GOP’s reliable anti-choice base.

Whatever.

What Graham has really done is strip away the rhetorical excuses in order to display another sort of “choice”– the stark choice voters will face on this issue in a few short weeks. If the GOP takes Congress, a national ban on abortion becomes very possible–no matter what Mitch McConnell says about Senators’ “preference to leave this matter to the states.” Urged on by its rabid base, the Republican Party will be free to ignore the rights of Blue and Purple states and the women who live in them. (Former vice president Mike Pence emphasized that point in an interview with Real Clear Politics, saying a national abortion ban and individual state restrictions “is profoundly more important than any short-term politics.”)

Senator Schumer’s response was a statement of the obvious.

“For the hard hard right this has never been about states’ rights. This has never been about letting Texas choose its own path while California takes another. No, for MAGA Republicans, this has always been about making abortion illegal everywhere,” Schumer told reporters on Tuesday afternoon.

For the naive pundits who predicted that over-ruling Roe would calm the political waters, Graham’s response to critics should provide a wake-up call:

Graham dismissed political concerns. “There’s a narrative forming in America that the Republican Party and the pro-life movement is on the run,” he said on Tuesday. “No, no, no, no. We’re going nowhere.”

Whatever the legal criticisms of the reasoning in Roe v. Wade, the decision established a bright line between decisions government can legitimately make, and those that must be left to individuals in a truly free society. That principle is what is currently under attack–and as I have repeatedly insisted, the consequences of getting it wrong will extend far beyond abortion.

In the GOP’s zeal to prevent women from exercising the same degree of individual autonomy they gladly grant to White Christian males, they have presented us with an unambiguous choice. Graham’s bill has the virtue of making that choice crystal clear.

A vote for any Republican congressional or Senate candidate in November is a vote for federal government control over our most intimate, personal decisions, including whether and when to procreate, who we can be “intimate” with, and who we can marry…

Whether you agree or disagree with the decisions government imposes is ultimately irrelevant. The issue is–and. must be–who gets to decide? 

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But What About….?

When my children were little, it wasn’t unusual to hear a quarrel where the one accused of some wrongdoing would yell at another “Well, you were just as bad! You did [thus and so]!” The kids eventually grew out of that very childish behavior.

Unfortunately, our polarized politics has brought an adult version roaring back.

The Hedgehog Review recently considered inconsistency– the less pejorative version of whataboutism. Assume, for example,  someone expresses anger about the Chinese treatment of the Uyghurs, but not about [choose your outrage].

The online term for this move is whataboutism… in which someone who is outraged by one thing but not visibly outraged by another is called a hypocrite, a bad faith interlocutor, even if no real mismatch between values and actions is present. If you are angered by the treatment of the Uyghurs in China, do you really have standing to be angry, given the treatment of migrants at the United States border or the detainees in Guantánamo? If you think Vladimir Putin suppresses dissent, where is your anger when Twitter or Facebook refuses to allow actors on their platforms whom they believe to spread “misinformation”?

What about whataboutism? Attention is finite, the record of how we spend it public, and it is easy enough to check if somebody who tweets every day about Ukraine has ever tweeted about Yemen. Many people are inclined to give somebody they trust a pass; behavior that might attract loud condemnation of a stranger might be ignored if done by a friend. Sometimes, such inconsistencies, added up, indicate that somebody is untrustworthy, that her commitments are insincere, and that there is something manipulative about her public persona. But most of the time, I would hazard, they indicate that people do not live their lives striving for perfect consistency.

The author excuses much of this selective attention by pointing out that voicing  disapproval of X doesn’t mean that the person isn’t equally horrified by Y.  But as he says, “it is undeniably true that how somebody feels or posts online is not going to do anything to help any of these people, and even truer that scolding someone about his selective outrage will not.”

The Internet, however, has only one currency, and that currency is attention. On the Internet, we endlessly raise awareness, we platform and deplatform, we signal-boost and call out, and we argue about where our attention should be directed, and how.

These observations are certainly fair. Every time we point to “outrage A” is not evidence that we don’t give a fig about outrage B. That said, however, the essay ignores a widely-employed form of whataboutism that does deserve condemnation–the use of “what about X”  to distract from the behavior being discussed, and–not so incidentally–to draw unfair moral equivalencies.

Are Republicans assaulting and undermining democracy? Well, some Democrats are corrupt!

Trump defenders who respond to his theft of highly classified materials with “well, what about her emails” are an example of that not-so-innocent form of whataboutism. Not unlike those long-ago arguments between small children, they want to point fingers somewhere else, and they want to suggest that “everybody–especially members of the other party–does these things and that they are all equivalent, so it’s unfair to pick on our guy.'”

A recent essay in The Conversation addressed this less-innocent form of the tactic.

Formally speaking, whataboutism is a fallacy most closely related to the ad hominem fallacy, wherein a person responds to an accusation by attacking the person making it.

Even if the counter-accusation is true, it doesn’t justify whoever is being accused in the first place. “At best, it shows that both parties behaved shamefully. And, of course, two wrongs do not make a right.”

In philosophy, an argument is a reasoned debate aimed at truth. But in many other contexts, people often do not view arguments in this way. They view them, rather, as battles to be won. Their goal is to get their opponent to concede as much as possible without their conceding anything themselves.

Viewed in this way, whataboutism is an effective strategy. It works on the principle that offence is the best form of defence. By launching a counter-attack, you place your opponent on the back foot.

The problem is, when everyone is arguing about which behavior is worse, problems don’t get solved.

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It Isn’t Just The Crackpot Caucus…

In one of those daily multiple fundraising emails that fill our inboxes, Adam Schiff coined a perfect phrase. Referring to the numerous GOP nominees who are proponents of the “Big Lie” and various other conspiracy theories, he warned that many of them are poised to join “performance artists” like Marjorie Taylor Greene in the “Crackpot Caucus.”

Schiff’s point was that the growing presence of crackpots in Congress has diminished the ability of the federal legislature to do the necessary–albeit less entertaining– work of governance.

He’s right–but our current problems go far beyond the crackpots. People like Greene are embarrassments, but by and large, they are too incompetent–and too busy mugging for the cameras–to devise or pass legislation. They can and do “gum up the works,” but  getting bills passed is evidently beyond them.

America’s most serious problem right now resides in other branches of government: in courts packed with partisan Trumpian know-nothings, and state administrations headed by dangerous and ambitious governors. One of the most dangerous of those governors is  Trump wanna-be Ron DeSantis of Florida.

I generally try not to label unpleasant and unprincipled people “evil,” but that word does come to mind when thinking about DeSantis. His assaults on LGBTQ citizens and public school teachers,  and his persistent efforts to suppress the votes of those likely to vote Democrat are egregious–and unsettlingly effective.

DeSantis most recent attack on voting rights really does merit the “evil” label.

As the Brennan Center explains:

In 2020, Gov. Ron DeSantis bragged that Florida’s elections were the “gold standard.” That was an exaggeration, but he was right in one sense: the elections there, as in the rest of the country, were secure and not marred by fraud.

That left DeSantis with a dilemma in his shadow race against Donald Trump for the GOP presidential nomination. How to prove that he, too, could recklessly undermine democracy? His answer was an election crimes police squad, announced last year to great fanfare.Did it discover Italian spy satellites switching votes? Dominion machines using ballots made in China? Bushels of ballots?

No — it discovered voters caught in the act of voting.

Rather than identifying some shadowy network of deep state operatives, state election police have found a tiny handful of people, many of whom were themselves victims of government incompetence.

Here’s the story:

As many of you probably read at the time,  in 2018, by a very substantial margin, Florida voters amended the state’s Constitution. They ended a  felony disenfranchisement system that had been characterized as a notorious remnant of Jim Crow. That system  barred people who had a felony conviction from voting for the rest of  their lives. The system had kept 1.7 million otherwise eligible people from voting.

Then the Florida Legislature stepped in. It undermined the law, requiring citizens who had just had their rights restored to pay off fines and fees before voting.

The Brennan Center sued, warning that the new requirement would lead to chaos, because the state provided no way for people to check to see if they had unpaid fees and so were eligible to vote.

The experience of Kelvin Bolton illustrates the consequences.

In 2018, after Floridians overwhelmingly approved a ballot initiative to restore voting rights to most people with past convictions, the Alachua County Supervisor of Elections sent officials to county jail to help inmates register for the next election. Kelvin Bolton proudly signed up along with other people in exactly the same situation. According to Bolton, the officials failed to tell him about the requirement that he pay outstanding fines and fees.

Even if Bolton had known, there was very little he could have done. There is no centralized database you can use, no number you can call, to find out whether there are outstanding fees. Here’s an indication of how maddening the process is: When the Brennan Center was developing a resource for people attempting to restore their voting rights, we quickly determined that it had to be aimed at lawyers. No layperson could reliably navigate this Kafkaesque labyrinth. And yet, DeSantis and his election police apparently take the position that formerly incarcerated Floridians vote at their own risk.

Under DeSantis,  Florida adamantly refuses to help these ex-offenders. The state  allows people with felony convictions to register, then prosecutes them if it finds outstanding court debts.

Worse, Florida once again imprisons people –at considerable taxpayer expense– who were only attempting to cast a vote, a practice  that intimidates and deters eligible voters who fear that the election police will come for them, too.

“All in the name of proving that there is in fact fraud happening, to give credibility to those who have staked their political careers on its existence.”

Florida under DeSantis: Even worse than the crackpot caucus.

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