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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Speaking Of Democracy…

I’ll begin this post with an admission. Back when I was Indianapolis’ Corporation Counsel–and that was way back,  1977-80–I thought citizen referenda were a bad idea. After all, America is a republic, meaning that ours is a representative form of democracy. (For those of you who are fond of pontificating that we’re a republic not a democracy, I hate to tell you this, but representative democracy is still a democracy.  We just elect people to make decisions and cast votes on our behalf.)

The theory is that the folks we elect will have time to fully investigate issues and form thoughtful and educated opinions, after which they will cast informed votes. Referenda, I thought then, would be won or lost based upon the “passions of the mob” that so worried the nation’s founders.

You have probably already seen the contemporary flaw in that reasoning.

Unfortunately, we  Americans no longer choose thoughtful, measured and educated people to make our laws. Those mob “passions” have translated into the nomination and election of far too many people we wouldn’t trust to choose our brand of toilet paper. Hence my change of opinion about referenda–a change of heart confirmed not just by the recent election in Kansas, but by the recognition that referenda are statewide, and unlike  legislative chambers, cannot be gerrymandered.

That inability to game the system is probably why Republicans are currently opposed to them.

JEFFERSON CITY, Mo. (AP) — Hundreds of thousands of people signed petitions this year backing proposed ballot initiatives to expand voting access, ensure abortion rights and legalize recreational marijuana in Arizona, Arkansas and Michigan.

Yet voters might not get a say because Republican officials or judges have blocked the proposals from the November elections, citing flawed wording, procedural shortcomings or insufficient petition signatures.

At the same time, Republican lawmakers in Arkansas and Arizona have placed constitutional amendments on the ballot proposing to make it harder to approve citizen initiatives in the future.

The Republican pushback against the initiative process is part of a several-year trend that gained steam as Democratic-aligned groups have increasingly used petitions to force public votes on issues that Republican-led legislatures have opposed. In reliably Republican Missouri, for example, voters have approved initiatives to expand Medicaid, raise the minimum wage and legalize medical marijuana. An initiative seeking to allow recreational pot is facing a court challenge from an anti-drug activist aiming to knock it off the November ballot.

About half the states allow citizen initiatives. (Indiana is not one of them–we have to go hat in hand to the General Assembly and beg for permission to hold a local referendum. It took Indianapolis three sessions to get approval for our referendum on public transit.) The states that do allow these initiatives require a significant number of signatures by registered voters on a petition, and further require designated officials to certify the authenticity of those signatures and confirm that the ballot wording is clear.

Opponents of the process argue that campaigns by well-heeled “special interests” can influence the results. That argument would be more persuasive if it didn’t also describe the problem with today’s legislative processes, where the influence-peddling is rampant and far less transparent.

Republicans who fear the results of an actual, non-gerrymandered vote have resorted to truly petty arguments to keep these initiatives off the ballot.

In Michigan this past week, two Republican members of the bipartisan Board of State Canvassers blocked initiatives to enshrine abortion rights in the state constitution and expand opportunities for voting. Each measure had significantly more than the required 425,000 signatures. But GOP board members said the voting measure had unclear wording and the abortion measure was flawed because of spacing problems that scrunched some words together…

In Arizona, the primarily Republican-appointed Supreme Court recently blocked a proposed constitutional amendment that would have extended early voting and limited lobbyist gifts to lawmakers. The measure also would have specifically prohibited the Legislature from overturning the results of presidential elections, which some Republicans had explored after then- President Donald Trump’s loss in 2020….

Arizona Republicans have spent the past decade enacting laws making it more difficult to get citizen initiatives on the ballot. State laws now require petition sheets to be precisely printed and ban the use of a copy machine to create new ones. Other laws require paid circulators to include their registration number on each petition sheet, get it notarized and check a box saying they were paid.

The assault on (small-d) democratic decision-making by Red state legislators could hardly be clearer. Fortunately, in Michigan, the state’s Supreme Court reversed the decision, and the issue will be on the November ballot.

When President Biden asserted that the upcoming midterm election is– above all– about saving democracy, he wasn’t exaggerating.

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Michael Gerson’s Jeremiad

Students of early American history will recognize the term jeremiad, a favored form of sermon delivered by Puritan pastors of the time. Wikipedia tells us that a jeremiad is “a long literary work lamenting the state of society and its morals in a serious tone of sustained invective.” The term comes from the prophet Jeremiah, who catalogued Israel’s fall from fidelity and warned of the horrible judgments to come.

I wouldn’t apply the term “invective” to the recent, lengthy essay in the Washington Post by Michael Gerson, but I would definitely  call it a jeremiad.

Gerson is best known as a speechwriter for George W. Bush, and as a devout Evangelical Christian. Along with other intellectually-honest Republicans, he has been appalled by Donald Trump, and like other genuine Christians, disheartened by the embrace of Trump by those who claim the Evangelical label. He is especially distressed by the fact that “much of what considers itself Christian America has assumed the symbols and identity of white authoritarian populism.”

Gerson’s essay is long, and it is definitely worth reading in its entirety. This post cannot do it justice. He begins by recognizing that many conservative religious people feel disrespected and defensive, and believe that their values are under assault by government, big business, media and academia.

Leaders in the Republican Party have fed, justified and exploited conservative Christians’ defensiveness in service to an aggressive, reactionary politics. This has included deadly mask and vaccine resistance, the discrediting of fair elections, baseless accusations of gay “grooming” in schools, the silencing of teaching about the United States’ history of racism, and (for some) a patently false belief that Godless conspiracies have taken hold of political institutions…

The political alignment with MAGA activists has given exposure and greater legitimacy to once-fringe ideas, including Confederate nostalgia, white nationalism, antisemitism, replacement theory and QAnon accusations of satanic child sacrifice by liberal politicians.

Gerson acknowledges the influence of population density and the rural/urban divide on patterns of belief– and the political reality that America’s electoral mechanisms skew in favor of geography over population. But his essay is mostly concerned with the damage MAGA Republicanism is doing to Christianity.

Strangely, evangelicals have broadly chosen the company of Trump supporters who deny any role for character in politics and define any useful villainy as virtue. In the place of integrity, the Trump movement has elevated a warped kind of authenticity — the authenticity of unfiltered abuse, imperious ignorance, untamed egotism and reflexive bigotry…

Conservative Christians’ beliefs on the nature of politics, and the content of their cultural nightmares, are directly relevant to the future of our whole society, for a simple reason: The destinies of rural and urban America are inextricably connected. It matters greatly if evangelicals in the wide, scarlet spaces are desensitized to extremism, diminished in decency and badly distorting the meaning of Christianity itself — as I believe many are.

To grasp how, and why, it’s important to begin at the beginning.

Gerson follows that sentence with a lengthy history of Jesus’ background and teachings- his preaching against religious hypocrisy, his welcoming of “social outcasts,” and a “future age in which God’s sovereignty would be directly exercised on Earth.”

What brought me to consider these historical matters is a disturbing realization: In both public perception and evident reality, many White, conservative Christians find themselves on the wrong side of the most cutting indictments delivered by Jesus of Nazareth.

Christ’s revolt against the elites could hardly be more different from the one we see today. Conservative evangelicalism has, in many ways, become the kind of religious tradition against which followers of Jesus were initially called to rebel. And because of the pivotal role of conservative Christians in our politics, this irony is a matter of urgency.

He follows those paragraphs with an indictment of Christian Nationalism, concluding that

Evangelicals broadly confuse the Kingdom of God with a Christian America, preserved by thuggish politicians who promise to prefer their version of Christian rights and enforce Christian values. The political calculation of conservative Christians is simple, and simply wrong.

Gerson goes on to list numerous ways in which that calculation is wrong–and dangerous to democracy.

As I said at the outset of this post, this is a lengthy essay. It is also and obviously a product of considerable distress over the political grievances that have distorted and displaced authentic faith. As he concludes, “It is difficult for me to understand why so many believers have turned down a wedding feast to graze in political dumpsters.”

Gerson’s jeremiad puts him firmly within the camp of those of us who have been warning Americans about the dangers of Christian Nationalism–and reminding them that Christian Nationalism is very different from actual Christianity.

I admire Gerson’s attempt, but somehow I doubt the Christian Nationalists will listen.

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