Stop The World, I Want Off Doesn’t Work

Posted this by mistake, but just consider it an extra…Sorry to clutter your inboxes.

I’ve often thought that if ultra-wealthy people like Bloomberg and Gates really want to help the country reject White Nationalism and misogyny, they would use their dollars to buy Fox News and its clones. (But no one ever listens to me…)

Evidently, however, some rich people on the Right have come to the same conclusion: propaganda can be effective if you dominate the information landscape. As Vox (among others) has reported, CNN-one of the world’s most powerful news outlets– is in the process of change, and that change happens to be in sync with the views of one of the world’s richest men.

OK–so CNN has a new owner, and a new boss. Changes are coming. There is nothing inherently suspicious about change–but in this case, the question is: will change come “because the CEO of Warner Bros. Discovery, its new owner, wants an overhaul? Or is it at the behest of a conservative billionaire investor in the company who sits on its board?

Malone has repeatedly wished, in public, for CNN to remake itself. And his prescription happens to sync with the new CNN agenda: a plan to steer the channel away from what Malone and others call a liberal bias they say muddles opinion and news. And to shift it toward a supposedly centrist, just-the-facts bent.

Just “fair and balanced,” right? (Malone has opined that Fox News is “real journalism.”..)

Those who now control CNN have hotly denied any meddling by Malone, and insist that their goal is a non-ideological middle ground between Fox and MSNBC. Time will tell, but suspicions of a political agenda raise a more basic question: can the various plutocrats who are  “flooding the zone” with conservative propaganda, the Neanderthals in Red state legislatures, and the ideologues who’ve been appointed to the courts win the fight they are waging against modernity?

Can they take the country back to a time when rich White Christian men were in charge? A time when they didn’t have to share dominance with uppity women, people of color and immigrants from “shithole” countries?

I very much doubt it.

Don’t get me wrong–the forces of reaction can bring progress to a temporary standstill–and “temporary” can be a long time.  As we’ve seen, GOP efforts to pack the courts can end up eviscerating constitutional guarantees and eliminating longstanding rights. The Tucker Carlsons of the world can give aid and comfort to the incels, militias and other assorted hate groups that litter the American landscape.

But ultimately, they can’t erase a century of cultural change. The America we currently live in is a dramatically different country than the one these people want so desperately to re-install.

Let me offer some homegrown examples.

Before I sat down to write this blog, my husband and I shopped at the Costco on the south side of Indianapolis. That location serves the suburban south side of town and the adjoining exurban and rural–very Republican– areas. The store carries a variety of foods catering to its wide variety of shoppers–as I browsed, I saw Sikh turbans, Muslim hijabs and a variety of “ethnic” folks.

I’ve previously noted that I read my husband’s Engineering World Record. (Yes, I’m a nerd.) A story in the current issue highlighted pilot projects testing out “smart roads.” Engineers in Kansas and Denver are working with technologies developed Germany’s Siemens A.G., by  Korea’s Advanced Institute of Science and Technology, and by France’s Renault. Companies from Israel, Italy and India are all in the mix.

Another article reported on several cross-country joint ventures focused on “green hydrogen.” 

When I was a girl–back in the Ice Age–a trip to another continent seemed impossibly exotic. I would have been astonished to learn that I’d have a granddaughter living in England and a son living in Amsterdam–and that I would keep in touch with them between visits via that science-fiction-promised “picture phone”–i.e., FaceTime.

The frightened reactionaries trying to “stop the world” may well create an extended period of chaos, but there is simply no way they can “reverse engineer” the cultural changes that have brought us to today’s normal. Women aren’t going back to the kitchen and nursery; LGBTQ folks aren’t climbing back into the closet, interracial couples aren’t divorcing and Black Americans aren’t going back to the plantation.

The vastly increased diversity of America’s cities has spread to the suburbs. Outside of the most isolated rural precincts, most Americans have friends and relatives who don’t look or pray like they do. 

The Rightwing can make acceptance difficult, or a Blue wave in November can accelerate it.  Either way,  the Right will ultimately lose. 

America isn’t going back to the 1950s.

 

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RFRA For The Rest Of Us…

Indiana’s ACLU has filed a second challenge to the state’s ban on abortion, and this is a challenge focused squarely upon the blatant hypocrisy of the U.S. Supreme Court’s  purported concern for “religious liberty.”

In a series of cases, the Court has handed down decisions favoring Christian fundamentalist doctrines that are at odds with the beliefs held by more liberal Christian denominations, let alone by adherents of other religious traditions. Justice Alito, who authored the decision in the Hobby Lobby case as well as Dobbs, has clearly signaled his belief that his particular definition of “religious belief”  deserves priority–and he now has four other theocratically-inclined colleagues who agree.

Alito’s definition of “religious freedom” as freedom for state-level lawmakers to impose conservative Christian dogma on Americans who hold very different “sincere beliefs,” is inconsistent with both constitutional jurisprudence and common sense. It’s “freedom for me, but not for thee”–and a not-so- tacit endorsement of the MAGA Republican claim that the United States is a “Christian nation” that should be dominated by their particular version of Christianity.

Ironically, the ACLU has filed this lawsuit under the state’s RFRA law–a law originally ballyhooed by those same Christian Warriors.

“Indiana’s RFRA law protects religious freedom for all Hoosiers, not just those who practice Christianity,” said Ken Falk, ACLU of Indiana Legal Director. “The ban on abortion will substantially burden the exercise of religion by many Hoosiers who, under the new law, would be prevented from obtaining abortions, in conflict with their sincere religious beliefs.”

The complaint points out that the new law violates the beliefs of the Muslim, Unitarian Universalist and Episcopalian faiths, as well as those who follow Paganism. (Rather obviously, it also violates the liberties of  the growing numbers of non-religious Americans.)

As I have previously argued,  a very large number of Americans believe that “liberty” is defined as the right of all citizens to follow the doctrines of their particular religions. When applied to the issue of abortion, any rational understanding of liberty means that people whose beliefs prohibit it are protected from measures requiring it, and people whose beliefs allow (or even, in some situations, require) it are equally free to follow their beliefs.

A free country–a country that takes liberty seriously–does not empower legislators to  decide what prayer you say, what book you read, who you marry, or whether and when you procreate. Perhaps the most eloquent statement of that constitutional principle was that of Justice Jackson in West Virginia Board of Education v. Barnette. In a much-quoted portion of his decision, Justice Jackson wrote:

The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials, and to establish them as legal principles to be applied by the courts. One’s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.

Justice Alito’s decision in Dobbs essentially reverses Jackson’s 1943 definition of the meaning and  intended operation of the Bill of Rights–a definition that has been endorsed by the courts for decades. Jackson’s definition has been taught in the nation’s law schools and is firmly embedded in the popular culture. In America, We the People make lots of decisions about our governance.  We vote on who will represent us in our various legislative bodies, and–depending upon the state– participate in referenda and recalls.

We don’t vote on fundamental rights.

As any first-year law student (or anyone who took any of my  Law and Public Policy classes) will confirm, the Bill of Rights is taught as a “counter-majoritarian” document. That means that, while a majority of voters can influence innumerable policies, that majority does not get a vote on whether it is permissible to deny other Americans the fundamental rights protected by the Bill of Rights.

We don’t get to vote on our neighbors’ First Amendment right to the free exercise of their religion.

A contrary decision by Indiana Courts would confirm Alito’s profound departure from and disrespect for the essential purpose of the Bill of Rights–and his obvious contempt for people who hold religious beliefs contrary to his own.

It would also highlight the hypocrisy of those Hoosiers who defended RFRA on the grounds that it protected “sincerely held” religious beliefs.

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Maybe The Dog DID Catch The Car…

A guest essay in last Sunday’s New York Times echoed that Facebook meme going around–the one that shows women glaring and promising a “Roevember election.”  The essay was written by someone named Tom Bonier, who was identified as a a Democratic political strategist and the C.E.O. of TargetSmart, a data and polling firm.

Bonier began by acknowledging that, over the last few years, Americans have–as he put it– “acclimated to some very grim realities.” He listed school massacres, dehumanization of immigrants and autocratic regimes treated as allies, and noted that no matter how grim those and other realities have gotten, Americans have seemed unwilling to exact political consequences.

When the Dobbs decision leaked, and the reaction was relatively muted, he assumed that pattern would hold.

But once the actual Dobbs decision came down, everything changed. For many Americans, confronting the loss of abortion rights was different from anticipating it. In my 28 years analyzing elections, I’ve never seen anything like what’s happened in the past two months in American politics: Women are registering to vote in numbers I’ve never witnessed. I’ve run out of superlatives to describe how different this moment is, especially in light of the cycles of tragedy and eventual resignation of recent years. This is a moment to throw old political assumptions out the window and to consider that Democrats could buck historic trends this cycle.

Bonier is a numbers guy, so he’s been looking at the numbers. In the wake of the enormous victory for reproductive rights in Kansas, he looked at new voter registrants in the state since the Dobbs decision came down in late June.

As shocking as the election result was to me, what I found was more striking than any single election statistic I can recall discovering throughout my career. Sixty-nine percent of those new registrants were women. In the six months before Dobbs, women outnumbered men by a three-point margin among new voter registrations. After Dobbs, that gender gap skyrocketed to 40 points. Women were engaged politically in a way that lacked any known precedent.

Repeating the Kansas analysis across several other states, a clear pattern emerged. Nowhere were the results as stark as they were there, but no other state was facing the issue with the immediacy of an August vote on a constitutional amendment. What my team and I did find was large surges in women registering to vote relative to men, when comparing the period before June 24 and after.

Bonier concedes that, with over two months until Election Day, nothing is certain. As he notes, all election predictions rely heavily on past experience, and there really is “no precedent for an election centered around the removal of a constitutional right affirmed a half-century before.”

In other words, every poll that will be taken between now and Election Day will rely on a likely voter model for which there exists no benchmark.

Already, several Republicans seem to be sensing that they’re in trouble. In Arizona, the Republican Senate candidate Blake Masters, an ardent abortion opponent, recently wiped language advocating extreme abortion restrictions from his website.

Whether the coming elections will be viewed as a red wave, a Roe wave or something in between will be decided by the actions of millions of Americans — especially, it seems, American women. As Justice Samuel Alito wrote in the majority decision in Dobbs: “Women are not without electoral or political power.” He was right about that. Republicans might soon find out just how much political power they have.

When the Supreme Court accepted Dobbs, a Mississippi case, I posted “Be Careful What You Wish For,” and quoted longtime Court watcher Linda Greenhouse. Greenhouse recalled a 2011 Mississippi referendum that would have granted personhood status to a fertilized egg. Mississippi is arguably Redder than Kansas, but it was  handily defeated, 58% to 41%.

That’s when the anti-abortion forces decided that friendly legislatures were a better bet than the will of the people.

Greenhouse noted that four nationwide polls had found more than 60 percent of registered or likely voters opposed to overturning Roe v. Wade.  And she shared a statistic we’ve seen more frequently since Dobbs was issued:

Nearly one American woman in four will have an abortion. (Catholic women get about one-quarter of all abortions, roughly in proportion to the Catholic share of the American population.) Decades of effort to drive abortion to the margins of medical practice have failed to dislodge it from the mainstream of women’s lives.

As I wrote then, for a long time, the GOP has depended upon the relative lack of political activism by pro-choice voters who assumed that the courts would protect them. If Bonier’s numbers mean anything, they mean that dynamic has changed. Dramatically.

Karma’s a bitch. And bitches are female.

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Religious Liberty?

Remember when Hillary Clinton outraged the Chattering Classes with statements like  “basket of deplorables,” and accusations of a “vast right-wing conspiracy.”

According to Wikipedia, the phrase “vast right-wing conspiracy” preceded Clinton’s 1998 use. It was listed as a conspiracy theory in a 1995 memo by political opposition researchers. Wild conspiracy theories are everywhere you look these days–mostly but not exclusively  on the political Right (are Jewish Space lasers the grandchildren of the Elders of Zion?). When Clinton leveled the accusation, the blowback was both overwhelming and understandable.

But a recent data breach at the shadowy Liberty Counsel suggests she may have been on to something.

LIBERTY COUNSEL, an evangelical Christian nonprofit that provided a brief cited by the Supreme Court in its decision to overturn Roe v. Wade, has been hacked, revealing a 25-gigabyte internal database that contains nearly seven years’ worth of donor records. The hacker, who identifies with the Anonymous movement, released the data on the hacktivist site Enlace Hacktivista, and the transparency collective Distributed Denial of Secrets is providing it to journalists who request access.

“Noticing a worrying trend of far-right and anti-abortion activists aligning themselves with the evangelical Christian movement, hiding their funding sources behind laws that allow church ministries to keep their donations secret,” the hacker wrote in a press release, “we decided to bring about some much-needed radical transparency.”

In addition to fighting abortion, Liberty Counsel — a Southern Poverty Law Center-designated hate group — has focused its legal efforts on challenging LGBTQ+ rights and vaccine mandates in the name of religious freedom. Because it is registered with the IRS as an “association of churches,” Liberty Counsel is not required to file a public tax return, meaning that its finances are largely shielded from the scrutiny applied to other tax-exempt organizations.

The disclosures showed that “nonprofit organizations” controlled by Liberty Counsel not only encouraged supporters to vote for Trump –in violation of IRS rules that prohibit such endorsements– they also documented the ways in which Liberty Counsel has deployed  disinformation about election integrity and the Covid-19 pandemic.

Are you wondering why I titled this blog post  “Religious Liberty”? As the linked Intercept article goes on to explain, the legal privileging of (some) religion has not only facilitated the lack of transparency illustrated by the breach, but has served to conceal a theocratic political movement within a cloak of faux piety.

Liberty Counsel’s virulently anti-LGBTQ+ rhetoric and efforts to legalize discrimination in the name of religious freedom led the Southern Poverty Law Center to designate it as a hate group. “The organizations on our hate group list vilify others because of their race, religion, ethnicity, sexual orientation, or gender identity — this includes Liberty Counsel and their vilification of LGBTQ+ people,” said Rachel Carroll Rivas, interim deputy director of research for the SPLC’s Intelligence Project.

Some examples: Liberty Counsel represented Kim Davis, the county clerk in Kentucky who refused to issue a marriage license to a gay couple. The day after the January 6th insurrection, its president sent an email to supporters stating that “our research and legal staff have been deeply engaged in stopping the steal of our 2020 elections.” (The email and a later blog post insisted that Trump could remain in power if God intervened: “We know God can intervene and turn what looks like a hopeless cause into a miraculous victory!” (Evidently, God was uninterested…)

During the pandemic, Liberty Counsel successfully sued  LSU’s School of Dentistry and Loyola University, requiring them to abandon their vaccine mandates on religious freedom grounds. The organization is currently suing the U.S. government over the military’s vaccine mandate. (God evidently wants people infected..)

If these activities were limited to a single organization, it would be troubling enough, but the breach disclosed a network of similarly fanatic entities, and campaigns that stretched the definition of “religion” to the breaking point.

While Liberty Counsel is best known for legal battles over abortion and LGBTQ+ rights, the hacked data shows more than $1.6 million in donations resulting from petition and fax campaigns built around dubious claims about the pandemic and election integrity…

The largest petition included in the data set, launched on the eve of Biden’s inauguration, makes no mention of religion: It warns of “giant pharmaceutical companies in partnership with government officials sweeping harmful and even deadly COVID-19 vaccine reactions under the rug” and demands that politicians oppose unspecified efforts “to make COVID shots mandatory, to require a Vaccine Passport or to electronically track and trace my movements.”

I don’t know how “vast” Liberty Council’s conspiratorial network is, but I do know the  Religion Clauses of the First Amendment weren’t intended to shield partisan political activity from legal scrutiny.

We can protect genuine religious liberty without enabling political fundraising  by hate groups.

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Watch This!

A friend sent me a link to a short–only ten minute–TedTalk by Al Gore. (If only the Supreme Court hadn’t given us George W…)

This is so powerful, I’m using it for today’s post.Be sure to watch all the way to the end.

Watch this!

I’ll be back with one of my usual diatribes tomorrow. And don’t forget to register for Women4Change’s inaugural Civic Education Conference on October 6, 2022, in the Clowes Auditorium of the Indianapolis Public Library, 40 East St. Clair Street, Indianapolis, Indiana.

You can learn more about it and register here.

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