Time For A Realignment

Recent events have increased my belief that the U.S. is at a political tipping point.

In the past few weeks, in addition to the mass shootings that are now horrifyingly routine, we’ve seen Tennessee’s gerrymandered White Republican legislature expel two young Black Democrats who breached “House Order”–despite that body’s unwillingness to expel White Republicans accused of sexual misconduct and criminal activity.

Immediately after a jury found a defendant guilty of intentionally murdering a Black Lives Matter demonstrator, Greg Abbott vowed to pardon him.

Then, thanks to Pro Publica– in deeply-researched reports which have once again underlined the importance of a free and vigorous press–Americans learned that Clarence Thomas’ corruption extends well beyond his widely-criticized refusal to recuse himself from cases involving organizations with which his wife has been active. Not only did Thomas accept trips on yachts and luxurious accommodations worth millions from his “dear friend” Harlan Crowe (a “friendship” that began five years after Thomas joined the Court), not only did Crowe’s purchase of real estate from Thomas (at an evidently inflated price)  go similarly unreported, we’ve also learned that Crowe’s creepy collection of memorabilia includes two pictures painted by Hitler and a signed copy of Mein Kampf. 

We also learned that, early in their “friendship,” Thomas had reported some of those gifts, but when those reports generated criticism, rather than stop accepting them, Thomas stopped reporting them.

It isn’t just Clarence Thomas.

For years, the American public ignored the legal profession’s exhortations about the importance of the judicial branch, and the need to vote against lawmakers intent upon elevating ideologues to the bench. It’s not just Thomas and the rabidly conservative bloc that now dominates the Supreme Court; thanks to a rogue Texas Judge,  a lot more people understand the importance of an intellectually honest, honorable and professionally competent judicial branch.

A federal judge in Texas issued a preliminary ruling invalidating the Food and Drug Administration’s 23-year-old approval of the abortion pill mifepristone, an unprecedented order that — if it stands through court challenges — could make it harder for patients to get abortions in states where abortion is legal, not just in those trying to restrict it.

Kacsmaryk’s ruling wasn’t unexpected. Since Trump placed him on the bench, this poster boy for judicial activism has been the choice of forum-shopping rightwing extremists who’ve responded to clear signals that he would ignore legal precedents that conflicted with his religious beliefs.  Among other numerous legal deficits, this particular decision ignored a six-year statute of limitations, rules governing standing, and sound science.

Worse–as two hundred drug companies pointed out in a letter blasting the decision,

“The decision ignores decades of scientific evidence and legal precedent,” the drugmakers wrote. “Judge Kacsmaryk’s act of judicial interference has set a precedent for diminishing FDA’s authority over drug approvals, and in so doing, creates uncertainty for the entire biopharma industry.”

Should the decision be upheld, the consequences of second-guessing the experts at the FDA decades after the fact would threaten investment in all new medications, not just those related to reproduction.

Meanwhile, Rightwing activists and lawmakers are continuing their attacks on local school boards and libraries, and Republican legislators in Red states continue to focus mean-spirited and dishonest attacks on trans children and the medical professionals who treat them.

The narrow focus on transgender folks is strategic. Polling has confirmed that significant majorities of Americans now support same-sex marriage and anti-discrimination laws protecting LGBTQ+ citizens, making wholesale attacks on the gay community politically  unwise.

Nearly eight in ten Americans (79%) favor laws that would protect gay, lesbian, bisexual, and transgender people against discrimination in jobs, public accommodations, and housing, including 41% who strongly support them.

Trans children are more vulnerable–in more ways than one.

As Jennifer Rubin wrote in the Washington Post

It is one thing to gin up the base on invented threats from critical race theory or the “great replacement theory.” But when the MAGA movement’s judges begin to inflict radically unpopular edicts on those outside the right-wing audience, that risks sparking a counter-response: a determined, broad-based movement insistent that the United States not turn the clock back on decades of social progress….

The more the Supreme Court diverges from overwhelming public sentiment on issues such as abortion, guns and voting rights, the more strength and more allies the progressive movement may gain.

Add to all this the ongoing antics of the buffoons in Washington whose behavior continues to prevent anything remotely resembling thoughtful governance, the  constantly unraveling spectacle that is Donald Trump, and the increasingly overt racism and misogyny that pervades today’s GOP.

Walter Dean Burnham once argued that there’s a 30–38 year “cycle” of political realignments.

We’re overdue, but the signs are there.

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Repeating Myself

I recently came across an opinion essay I wrote in 2008 for an academic journal. As we head into yet another election season, I’m repeating it–unfortunately, little has changed.

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As another election season comes to a (merciful) close, one lesson is abundantly clear: there is a huge disconnect between the skill sets public offices require and the sales pitches candidates are making.

Campaigns are job applications and the candidates are applicants. We voters are (at least theoretically) the folks doing the hiring. In order to make informed “hires,” we need to know two things: what competencies the job requires, and which of the “applicants” come equipped with the requisite skills as well as our preferred policy positions.

Is this election for mayor, governor or president? We need someone who understands the relevant administrative structure, who is able to assess and recruit knowledgeable technocrats and aides, who has a good grasp of economic and budgetary issues, tax policies, intergovernmental relations and the mechanics of service delivery. It is highly desirable that the applicant be aware of the competing needs and desires of the diverse constituencies to be served and have an ability to communicate with representatives of those constituencies.

Is this an election to fill a legislative seat? In addition to the skills listed above, a policy background is highly desirable—as is a demonstrated ability to work in a bipartisan way with other legislators and members of the executive branch.

For democratic processes to work, voters need information that allows them to match the qualifications of the candidates to the requirements of the position. Unfortunately, it is impossible to sit through the avalanche of misleading 30-second spots, scurrilous Internet postings or negative direct-mail pieces and not conclude that the task is impossible, and that the American electoral process is badly broken.

There is no dearth of theories about what ails us: gerrymandering, too much money, too much rigid ideology, too much partisanship, too many lobbyists, too many pundits and too few real reporters….the list is extensive, and all of the items on that list undoubtedly contribute to the sorry state of today’s politics. But these things would matter less if the electorate were better informed.

Let me just offer a couple of all-too-typical examples. In my state, a Senate candidate is currently airing a spot blasting his opponent—a sitting Congressman—for voting to raise the debt ceiling. This political attack depends for its effectiveness on public ignorance of the difference between a vote to raise the debt ceiling and a vote to add to the national debt. Large bipartisan majorities have raised the ceiling without controversy for many years, because members of both parties have understood that difference.

The national debt is a genuine issue. Reasonable people can disagree about the mix of “revenue enhancements” (aka taxes) and spending cuts needed. But only someone with absolutely no understanding of the economic system advocates a reckless act that would make it impossible for the U.S. Government to pay bills it has already incurred—and only an uninformed voter would respond positively to such advocacy.

A more typical political attack is some variation on the theme that “Congressman X has been in Washington for Y years, but we still have problem Z.” No one who understands checks and balances and the limits on what any individual member of Congress can accomplish is going to take such a charge seriously. The fact that a political candidate believes this to be an effective argument tells us a lot about that candidate’s respect for the intelligence of the average voter.

There is another possibility, of course. It may be that these appeals are not simply cynical ploys based upon perceived public ignorance. It may be that the people who are running for office actually believe their own arguments. In several races around the country, candidates are promising to enact policies that are clearly unconstitutional. Others are promising to achieve economic results that are mathematically impossible. Knowledgeable folks tend to discount these statements as political games candidates play, but in at least some cases, it’s clear the candidates really don’t know any better.

It would be nice if we could simply shrug off the more embarrassing examples of electoral dysfunction, but the quality of our political candidates ultimately affects both the voting public and the public administrators trying to serve that public.

Just as having a crazy boss makes a private-sector worker’s job more difficult, electing people to set policy in areas they don’t understand is a major barrier to public problem solving. If members of the House Science and Technology Committee reject evidence of global climate change (last year, one member reassured a panel of climate scientists that we don’t need to worry because after the flood, “God promised in Genesis that He would not destroy Earth again, and I believe God”), where will we find the human and fiscal resources necessary to combat global warming and reduce carbon emissions?

There are a number of things individuals might do to help clean up the current mess that is our election system. We can visit fact-checking sites to vet campaign pronouncements. We can work to reform the redistricting process. We can sign on to one of the efforts to reverse Citizens United – the case that opened the money spigot that became the gusher of SuperPac spending. Those of us who are educators must work to raise the levels of civic literacy in this country.

And we all need to withhold our votes from those who run campaigns geared to public passions and popular ignorance.

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They’re Coming For Those Subversive Librarians…

I regularly read Juanita Jean, The World’s Most Dangerous Beauty Shop, to keep up with the governmental insanities we’ve come to expect in the Lone Star State and elsewhere. A recent post reported that a Texas county has joined the battle against those dangerous librarians who are threating…something or other.

Poor Llano County. Some federal judge has just ordered the county to return twelve (yes, count ’em, 12) children’s books to their public library shelves. It seems that the books offended the sensibilities of some adults who object to the racial and LGBT+ issues that are raised in them.

So rather than complying with the judge’s order, Llano County Commissioners are considering an old and accepted recourse: the equivalent of filling in the swimming pool.

Rather than bend to the Feds, the Llano County Commission is studying on nose-thumbing (and nose-cutting/face-spiteing) by closing all of their county libraries.

It’s a really great solution, see. No one can blame them for depriving their children of learning about racism and gender issues if no one in the county can learn about anything at all.

The Commisioners later backed down in the face of ferocious public pushback.

Texas isn’t alone. Republicans all over the country are moving against these purveyors of books with language or ideas that the GOP finds unacceptable. In Missouri, House Republicans recently voted to defund all of the state’s public libraries.  The Republican chair of the budget committee was quoted as saying  that cutting the aid was retaliation for an ACLU lawsuit to overturn a new state law banning sexually explicit material in school libraries.

Apparently,  books and libraries are  “woke.”

Librarians are reeling from the onslaught.In one instance reported by the Guardian, library personnel who had planned to launch a bookmobile in a bus that would visit various sites across town, including three schools, abandoned that plan when a law criminalizing anybody “who makes visually explicit materials available at a school” went into effect. They decided to keep the bookmobile away from schools, noting that violators of the new, nebulously worded law would face up to one year in jail and a fine of up to $2,000. As one of the librarians explained, “We are unsure on what someone can interpret as sexually explicit.”

The quotation reminded me of a passage in Nadine Strossin’s 1996 book, Defending Pornography. Since “porn” is in the eye of the beholder,  Strossin wrote “If it turns you on, it’s pornography. If it turns me on, it’s erotica.”

Throwing around and misusing vague labels, of course, is what those who have appropriated and misused the label “conservatives” love to do.

Conservative parent groups that formed to oppose masks during the pandemic, only to pivot to the fight against “critical race theory”, have now begun to focus on scrutinizing books, often by and about queer and Black people, and lobbying for their removal from library shelves. Politicians have hopped on the bandwagon, drafting legislation to supposedly protect children against indoctrination and predation, calling out books by name and making it impossible for the people who run schools and libraries to do their jobs. Fringe activists and government officials are taking to social media, holding meet ups, and riling up their bases with reports of indoctrination, propaganda and the supposedly pornographic materials that lurk on the bookshelves of public institutions.

The culture warriors out to terrorize Marian the Librarian are seeing considerable success. In an Urban Library Trauma study conducted in 2022, more than two-thirds of respondents reported encountering violent or aggressive behavior from patrons at their library.

Conservative parent groups such as Moms for Liberty, No Left Turn in Education and Parents Defending Education aren’t the only ones invested in the fight against books by Black and LGBTQ+ authors. Rightwing extremist groups have also adopted the cause. Proud Boys have taken to storming into Drag Queen Story Hour events, for instance, causing serious fear for patrons and librarians.

Lest we give these censors the benefit of the doubt, thinking they are identifying mostly trashy books, it’s instructive to consult the AIA’s annual list of the most frequently challenged books. Among others, recent lists include Harper Lee’s To Kill a Mockingbird, John Steinbeck’s Of Mice and Men, and Toni Morrison’s The Bluest Eye.

The list as a whole is revealing: challenges are overwhelmingly aimed at books by or about LGBTQ+ people, and books critical of racism. According to Google, the most censored books of all times are 1984, The Adventures of Huckleberry Finn, The Catcher in the Rye, The Color Purple,The Great Gatsby, I Know Why the Caged Bird Sings and
Lord of the Flies.

Twentieth -century political philosopher Alexander Mieklejohn said it best: People afraid of an idea–any idea–are unfit for self-government. 

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Suppressing Hoosier Votes

The World’s Worst Legislature is coming to the end of this session, and we are beginning to see just how much damage it has inflicted and on whom.

Governor Holcomb has already signed the bill he described as “clear as mud,” depriving trans children of critically-important medical care. (That the measure was harmful and mean-spirited was clear.)

House bills still in the works will further enrich private (overwhelmingly religious) schools at the expense of the public schools that educate some 90% of Indiana children, although the Senate appears to have reconsidered.

And the Republicans who owe their seats to gerrymandering are passing measures to further suppress the vote.

According to the Cost of Voting study conducted by Northern Illinois University in 2020 Indiana’s restrictive voting laws make casting a ballot in the Hoosier state more difficult than most others. Our ranking was 41st in 2020 and if House Bill 1334 passes, it adds hurdles that are sure to get worse.

Sponsored by Rep. Tim Wesco, R-Osceola, the bill puts additional restrictions on voting by mail in Indiana, even though we already have laws in place that strictly limit access to a mail-in ballot.

The legislation’s worst section has been billed as an attempt to bring consistency to our voting laws by putting the same voter ID requirements in place for absentee-by-mail voting as those for in-person voting. In reality, this legislation is yet another attempt by the Republican supermajority to put additional hurdles in place before voters can access their ballot.

House Bill 1334 would require anyone using a paper form to apply to vote absentee by mail to include a copy of their Indiana driver’s license or include their voter identification number, which the form will suggest is the last four digits of the voter’s social security number.

That’s the first new hurdle that voters will have to scale because many of us don’t know what voter ID number is on file for us and it’s not always the last four digits of our social. This is particularly true for voters who have been registered at the same address for many years. That’s because Indiana didn’t start requiring voter registration applicants to provide any ID number until the early 2000s, when the statewide voter file was created and hundreds of thousands of voters were assigned a random voter ID number.

The author of the article goes on to explain that she is one of those “hundreds of thousands.” She’s been registered at the same address for over 20 years, but has no idea what her “randomly assigned number” might be. Under the just-passed bill, in order to complete all the information that will now be required on an application for an absentee ballot, she would need to contact the Marion County Election Board and get that information from them, inserting another step into the process.

Because I’m hyper-familiar with Indiana voting laws, I’ll know to make that call but most voters won’t have a clue. Instead, they will write down a number that may not match what’s on file for them, and their absentee ballot application will be rejected.  the legislation even anticipates that this problem is going to happen, because it requires a process be in place to “cure” defective applications.

The “cure” requires county voting officials to call the voter, explain the issue, and offer them the necessary information. But as the article accurately notes,

It’s important to remember that because our state puts limits on who can vote by mail, most Hoosiers who cast a mail-in ballot are elderly or disabled. They are least able to jump over new hurdles like providing a copy of a driver’s license or playing guess my Voter ID number with county officials.

That, of course, is the point.

Our Hoosier “Vote Suppression Is Us”legislature isn’t taking any chances. One of the least-understood consequences of gerrymandering is vote suppression– voters who live in districts that are considered “safe” for the party they don’t support are far less likely to cast a ballot. (If they all did, some of those districts wouldn’t be safe.) But just in case grandpa can’t get to the polls in his wheelchair but has the nerve to want to cast a ballot anyway, this legislation will make it much less likely that he will be able do so.

As usual, legislators piously claim that suppression efforts, like Voter ID, are meant to reduce “voter fraud”–a claim that is demonstrably bull****.  All credible evidence–including repeated academic studies–confirms that voter fraud is vanishingly rare.

Members of Indiana’s super-majority are simply intent upon retaining the ability to choose their voters, rather than acquiescing to a basic premise of democracy– the right of voters to choose their representatives.

They’re shameless.

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Tennessee, Clarence Thomas And The Corruption Of American Democracy

Question: What do Clarence Thomas and the Republican legislators in Tennessee have in common?  Answer: They both epitomize the corruption of American democracy–a corruption that has led to a precipitous decline in public confidence in America’s governing institutions.

Several media outlets have reported on recent polling from Gallup that shows trust in the judicial branch at record lows. Only 47 percent of Americans have “a great deal” or “a fair amount” of trust in the federal judiciary– a drop of 20 percentage points from two years earlier. When asked about the Supreme Court, it was worse:  58 percent disapproved of the high court’s performance.

Those numbers are unlikely to improve following the most recent disclosures about  Justice Thomas and his “dear friend” Harlan Crowe. The initial revelations about Thomas’ acceptance of luxurious trips were stunning enough, but the Justice’s argument that he hadn’t needed to report them since they were just “hospitality”–while unconvincing–left him some rhetorical wiggle-room.

The latest revelations don’t.

This time, Thomas directly received money from Crow — perhaps in excess of the market value of the Chatham County, Ga., properties that Crow purchased from Thomas and his kin. This is no longer about receiving “personal hospitality.” It’s about a financial transaction between Thomas and a GOP donor who has also subsidized his vacations.

There is no doubt that the sale of personal real estate to Crow should have been reported on the justice’s financial disclosure form for 2014, and there is no excuse for failing to do so. The most logical explanation is that Thomas, whose relationship with Crow had already been the subject of unflattering news reports, wanted to keep it from public view.

The linked article also notes  that Thomas has failed to report his wife’s considerable income from Rightwing organizations–although the law clearly requires  that income to be reported.

Inescapable bottom line: Clarence Thomas is corrupt, and his judicial decisions are compromised.

Then there is the emerging information about the Tennessee legislature–information that probably would not have been uncovered or widely disseminated had that body not over-reacted to a breach of House decorum by expelling two young Black Democrats.

Democracy Docket has taken a deeper dive into that gerrymandered legislature’s  disdain for representative democracy. Tennessee, like Indiana, has a Republican super-majority–courtesy of gerrymandering–that routinely acts to disempower state Democrats.

Some examples:


Tennessee’s Democratic cities have come under a coordinated attack from lawmakers. In March, Gov. Bill Lee (R) signed a law that forces the Nashville Metro Council to reduce its membership by half. Two lawsuits were filed challenging the law and on April 10, a Tennessee court temporarily blocked portions of the law while litigation continues.

After the expulsion of Pearson, GOP legislators threatened to withdraw funding from important projects in Memphis’ Shelby County if Pearson was reappointed.

In the latest round of redistricting, the Legislature divided Davidson County, home to Nashville, into three separate districts, dismantling the city’s Democratic-held seat. The lawmakers also approved state legislative districts that entrenched Republican supermajorities in both chambers of the Legislature. (Notably, the recent expulsions were only possible because of GOP supermajority control.)

Tennessee denies voting rights to over 470,000 citizens with one of the strictest (and most complicated) felony disenfranchisement laws in the United States. The state disenfranchises 21% of its Black voting-age population, the highest percentage in the country.

Tennessee has restrictive voting laws, leading to a low democracy tally by the Movement Advancement Project. Instead of improving voting access, the Legislature’s priorities have included laws requiring state and local officials to consult with the legislative leadership before changing certain state election laws and prohibiting election offices from accepting any private grant for election administration.

And we wonder why Americans no longer trust our political institutions…why so many of us have moved from skepticism to cynicism.

Political trust is generally described as citizens’ confidence in their political institutions. As political scientists repeatedly warn, that trust is an important component and indicator of political legitimacy; its erosion is not something to be taken lightly.

As I used to tell my students, an enormous number of American laws depend upon voluntary compliance by citizens–everything from filing taxes to obeying traffic signals. The ability of the authorities to catch and punish scofflaws depends upon the fact that the rule-breakers are relatively few. When citizens no longer trust that those in power are following the rules, rising numbers of them will feel justified in breaking those rules as well.

And it’s all inter-related

A properly functioning Supreme Court would have outlawed the rampant gerrymandering that produced Tennessee’s –and other state’s–rogue legislature.

As NASA might put it: Houston, we have a problem.

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