Where’s George Soros When We Need Him?

Despite all the accusations prompted by MAGA fever dreamers (George Soros paid for those Jewish space lasers over California!), normal Americans don’t have anything remotely commensurate with the funding sources and highly sophisticated organizational infrastructure of the far Right. That worries me.

A recent report from the Tampa Bay Times began by following just one of the many astroturf groups masquerading as spontaneous grassroots organizations.

This one was “Moms for Liberty.” Much like similarly misnamed organizations (“Patriots for Truth, Justice & the American Way,” or “Grandmas for Cuddly Kittens”), “Moms for Liberty” emerged pretty much full grown during the most recent assault on public education. The author applied a four-part test to determine whether any particular educational group was legitimate or contrived.

The first part of the test is financial: has the organization grown at a pace that only an undisclosed donor’s monetary resources could manage?

Moms for Liberty incorporated as an Internal Revenue Code 501(c)(4) organization, a form that lends itself to dark money political shenanigans. It exploded on the scene with its leaders being guests on Fox News and breaking into the Washington Post. It has a well-developed website and extensive social media reach. Moms for Liberty has formed three federal and one state political action committees, one of which is a SuperPAC able to accept unlimited donations. Its careers page is seeking state coordinators to work with the chapter chair coordinator, and a communications officer.

This “grassroots” group of “just-your-average-mom” members also managed to hold a fund raiser with Megyn Kelly (top ticket $20,000), and to co-host The American Dream Conference featuring former Trump Cabinet secretary Ben Carson. An upcoming national summit (presenting sponsorships for $50,000 are sold out), will feature Ron DeSantis, Carson, Sen. Rick Scott and Betsy DeVos.

Just your average PTA members….

So who is really funding these Rightwing mamas? Here’s a clue: they aren’t getting by on T-shirt sales.

They’ve barely even heard of the Koch brothers! Yet perhaps they’ve heard of the Council for National Policy. Two of Moms for Liberty’s National Summit sponsors, the Leadership Institute and Heritage Foundation are critical members of the Council for National Policy, a secretive network of right wing billionaires and Christian fundamentalist leaders that underwrites and coordinates right wing politics.

When the author looked to see who is really running the operation, he found that one of the two purported “founders” –Tina Descovich –is a communications and marketing professional. The other–Tiffany Justice (surely not her real name)– is a former Florida school committee member. He also discovered a third, “silent” founder, one Bridget Ziegler, whose husband just happens to be vice chairman of the Florida Republican Party and the owner of a political marketing firm. He has boasted that Moms for Liberty will provide crucial ground support for DeSantis’ re-election.

Another part of the test revolves around whether the genuinely grassroots folks suckered into joining the organization have any clue what the organization is  really all about. Moms for Liberty may have “activated and harnessed” actual anger and grievance, but–as the article notes–that doesn’t mean those people understand that they are being manipulation for partisan political purposes.

Perhaps the most telling aspect of the author’s “deep dive” into the bona fides of Moms for Liberty is the identification of the nefarious network of which it is a part:

Then there’s the odd coincidence of so many grassroots parents organizations arising at the same time with similar missions. Parents Defending Education is Koch-connected. The Koch-funded American Legislative Exchange Council claims credit for the havoc wreaked by anti-Critical Race Theory legislation. The Council for National Policy’s Leadership Institute commenced its own program to take over school boards. The Council for National Policy-connected Turning Point USA initiated a School Board Watch List for reporting “woke” school boards.

Reading all this, I vacillated between disgust and grudging admiration. These interlocking astroturf organizations are dishonest and manipulative–but they’re effective. You’ve got to give the Christian Nationalists credit for their success in controlling the narrative, and making it far more probable that America will continue to be dominated by a minority of truly despicable theocrats.

Meanwhile, the people I consider to be “the good guys” are happily forming circular firing squads and scrounging for five-dollar donations on Facebook. If Soros is funding any of them, I’ve missed it.

Have I mentioned that I’ve been hitting the booze more frequently since 2016?

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Privacy And Diversity

America has always been more diverse than most countries. Initially, that diversity meant different kinds of Christians–Maryland, for example, was Catholic, while the other original colonies were dominated by a variety of Protestant denominations. We are far more diverse these days, thanks to immigration, the splintering of numerous sects, and the explosive growth of the “nones,” Americans without religious affiliations.

We aren’t only diverse in our religious beliefs. Individuals represent different races, different regional cultures and backgrounds and very different political and ideological commitments.

The big question is: what sort of government can serve such wildly different citizens and be  viewed as fair across all those differences? (That, of course, is a question that has long preoccupied political philosophers. John Rawls proposed a “Veil of Ignorance”–an intriguing mechanism for determining fairness.)

These days, as columnist Jennifer Rubin has written, an uncomfortable number of Americans are uninterested in fairness; they are interested in dominance. That faction is represented by a right-wing, activist Supreme Court and the Christian nationalists they favor. In their ahistorical vision of proper government,  “a sliver of the electorate (White, Christian, male) exploits anti-majoritarian aspects of our democracy (e.g. the filibuster, the electoral college, gerrymandering) to use the awesome power of the government to impose values rooted in the 19th century on a diverse country.”

In that vision, the proper beneficiaries of public policy are mostly White, Christian and male, and elements of modernity like science and expertise, not to mention diversity, are “foreign, elite and alien.”

Rubin uses a speech by retiring Justice Breyer to explain the countervailing, constitutionally-anchored viewpoint–one that, as she says, recognizes the heterodoxy of America.

“This is a complicated country. More than 330 million people. My mother used to say, it’s every race, it’s every religion — and she would emphasize this — it’s every point of view possible. It’s a kind of miracle when you sit there and see all those people in front of you. People that are so different in what they think. And yet they decided to help solve their major differences under law.”

This vision posits that to achieve “ordered liberty” for a diverse, noisy, rambunctious people, we must respect the right to self-determination — to choose one’s family, one’s lifestyle, one’s profession and one’s philosophy of child-rearing. That necessitates restriction on government so as to protect a sphere of private conscience. It’s what Louis Brandeis called the “right to be left alone.”

Poll after poll affirms that a large majority of Americans believe that the “right to be left alone”–the right to direct their own lives, consistent with their own moral commitments –should extend to such matters as contraception, abortion, same-sex marriage, child rearing and lifestyle.

Until the advent of this rogue court, the Supreme Court had largely agreed. As Rubin reminds us, even before Griswold v. Connecticut was decided in 1965, the court had protected the right to send your child to the school of your choice and receive instruction in a foreign language. In the 1950s, the Court affirmed the right to choose your profession; and the right to travel (neither of which is expressly set forth in the Constitution).

The court in 1923 held that “liberty” includes the right “to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.”

After Griswold, that zone of privacy was extended to interracial marriage, private consensual sex, abortion, the right of grandparents to live with their grandchildren (i.e. how one defines a “single family”) and to same-sex marriage.

The zone of privacy erected by the Court is precisely what a fair reading of the Bill of Rights protects–the right of individuals to make personal decisions without government interference.  That is precisely what the MAGA movement cannot abide: it wants  government to “control how schools teach race, what teachers say about sexual and gender identity, how parents treat transgender children, and, now, whether women can be forced to give birth against their will.”

In response to the constitutional question “who decides?” the White Christian Nationalists of the MAGA movement respond: “we do.”

At stake right now is the individual’s right to live “free from the tyranny of the government and the mob.” As Rubin says, we need a counter-movement.

In sum, Americans need a counterweight to a Christian nationalist movement that seeks to impose on the majority the set of social beliefs of the minority. They need a movement to defend the myriad ways 330 million Americans engage in “pursuit of happiness” — ways as diverse as the country itself.

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The Trump Court

I’ve been on the email list of the Brookings Institution for a number of years. It was–and is– an excellent source of thoughtful, balanced policy analyses, and it provided me with valuable background for my classes when I was teaching Law and Policy.

Over the years, I’ve become accustomed to the language and style of Brookings publications–very consistent with that of academic discourse and a variety of other highly credible, scholarly resources. (Not like the snark you often get here.) So I was bemused–to put it mildly– by the opening paragraphs of a recent essay. 

“We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected.” With those chilling words an illegitimately obtained Supreme Court majority tore up the lives of Americans & the Constitution in the Dobbs opinion authored by Justice Samuel Alito. The votes for this opinion were only available because Merrick Garland was wrongly blockaded at the end of the Obama administration and Amy Coney Barrett hypocritically jammed through at the end of the Trump one.

The Alito opinion comes in the midst of congressional hearings exposing the sickness of Trump’s style of governance—Trumpery, as we term it in a new book. The Dobbs opinion also exemplifies Trumpery, and its features provide a useful framework for understanding just how bad the opinion is. The Court should be known from here on out as the Trump Court.

Perhaps the single most defining characteristic of Trumpery is its disdain for the rule of law. The Alito opinion in the Dobbs case has that in spades. A central tenet of Supreme Court jurisprudence is stare decisis, the idea that once the Supreme Court has ruled on something, it is settled law and is entitled to permanence, even if later courts may disagree with it. That is particularly true where you have a decades long established precedent like Roe.

It is certainly true that past Courts have overruled settled precedents when it has become blindingly obvious that they are unjust and/or inconsistent with contemporary science and mores–Plessy v. Ferguson and Bowers v. Hardwick come to mind. But the thrust of the quoted paragraph is accurate; until the elevation of theocratic jurists intent upon the destruction of jurisprudence equating  liberty with a significant degree of personal autonomy, precedents were accorded a high level of deference.

The essay proceeded to compare the current iteration of the Supreme Court to Trump’s incessant assaults on democratic norms– assaults that the January 6th Committee hearings are meticulously documenting.

As we are being painfully reminded in the Jan. 6 hearings, that assault over time undermined and weakened the executive branch and Americans’ faith in it. Alito and the five justices who joined with him are sending the Supreme Court down that same slippery slope.

The authors make a point that I have made repeatedly in the wake of this deeply dishonest decision–it didn’t just take aim at abortion. It was a point that Justice Thomas acknowledged in his concurrence:

“in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.” Americans’ right to contraception, to make consensual choices in the bedroom and to same-sex marriage are all up for grabs. How long before states are also free to re-criminalize premarital sex and interracial relationships?

There are other parallels: Trump was shameless, and the authors point out that–like Trump–Alito displays absolutely no embarrassment about the rampant dishonesty of his opinion, dishonesty that was necessary in order to reach a result he personally favored. Nor does this Court care about the social consequences of a predictably divisive opinion. Alito wrote “We cannot allow our decisions to be affected by any extraneous influences such as concern about the public’s reaction to our work.”

Of course, concern about public reaction is one reason for the doctrine of stare decisis, which aims to avoid abruptly upsetting long-settled rules and expectations. Intensifying social divisions was also a Trumpian trademark, and as the authors note, “this opinion smacks of a similar approach.”

It’s hard to disagree with the authors’ conclusion that this decision–one of this term’s string of shocking and damaging departures from settled jurisprudence– will decimate  what is left of the legitimacy of the Supreme Court.

Although it was news to Alabama’s current Senator, the U.S. has three branches of government. Unfortunately, none are currently functional.

We have a gridlocked Congress, immobilized by lawmakers putting fealty  to party over loyalty to country; an Executive whose agenda is obstructed by that Congress; and now, a rogue Court disdained and distrusted by a majority of citizens.

That’s a description of a failed state.

No wonder the language employed by Brookings these days is less restrained.

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“Southern Culture” Is A Euphemism..

Sometimes, the subhead on a headline, or a quotation in an article, strikes a definite chord with me. That happened when I was reading about the recent destruction of some mysterious  granite markers, the Georgia Guidestones (sometimes referred to as America’s Stonehenge). As several recent articles reported, those stones are “no longer casting a shadow in rural Elbert County, Georgia.” Early on July 5th, one of the six slabs of granite comprising the display was destroyed by what the Georgia Bureau of Investigation reports was an intentional explosive.

The quotation that caught my eye was that of a local pastor and historian, who said that the stones would probably have survived a nuclear war, “but they could not survive Southern culture.” 

“Southern culture” in this context is a euphemism for deeply-rooted superstition abetted by a generous dollop of ignorance.

The linked article gives the background: In 1979, the president of a local granite company was asked to create the monument by someone identifying himself as Robert Christian (later R.C. Christian–probably a pseudonym), who claimed to represent a group of concerned Americans. Christian obtained funding for the massive project, and the granite company proceeded to create it.

The stone structure was revealed to the public on the spring equinox in 1980. Together the 951 cubic feet of granite weighed 237,746 pounds. The center slab was surrounded by four standing stones of similar height, and the entire structure was capped by a sixth stone 6 ½ feet wide, 10 feet long and 7 inches thick.

The impressive size of the structure was only part of its allure. Carved on each of the four outer slabs were 10 precepts — a message to humanity — repeated in English, Spanish, Swahili, Hindi, Mandarin Chinese, Hebrew, Russian and Arabic. Translators from the United Nations assisted Christian with the translations.

Inscribed in the capstone was the phrase “Let these be guidestones to an Age of Reason,” written in ancient Greek, Egyptian hieroglyphs, Sanskrit and Babylonian cuneiform.

The center slab and capstone also acted as an astrological calendar, with carefully cut holes for observance of the moon, sun and North Star. Astronomers from the University of Georgia assisted in refining this part of the project.

While Christian’s identity is still a mystery, his purpose is not.

An “Age of Reason.” If only…

At the time, there was widespread fear of a global nuclear war, and the stones were intended to be a beacon of sorts for those who would survive–a prescription for a more peaceful world.

Criticism of this project could certainly be mounted on many grounds: a vanity project, a waste of money, an ineffective indulgence…But of course, none of those reasonable quibbles prompted the fierce opposition to–and fear of– this monument. 

Idiocy did.

Nearly immediately, local pastors decried the stones as satanic. “We don’t think Mr. Christian is a Christian,” said the Rev. James Traffensted of the Elberton Church of God after the 1980 ceremony. “Look what it says about the unity of the world. That’s where the Antichrist will unite the governments of the world.”

I didn’t realize that world unity and peace was a sign of the Antichrist, but given the behavior of so many so-called “Christians,” perhaps I should have.

Since there is no conspiracy theory or bizarre “religious” belief that today’s Republicans won’t embrace, I probably shouldn’t have been surprised by the following passages from the report.

Former Republican gubernatorial candidate Kandiss Taylor made demolishing the stones part of her 2022 campaign. On May 2, she tweeted: “Elect me Governor of Georgia, and I will bring the Satanic Regime to its knees— and DEMOLISH the Georgia Guidestones.”

After the stones were destroyed Wednesday, she tweeted, “God is God all by Himself. He can do ANYTHING He wants to do. That includes striking down Satanic Guidestones.”…

The bombing was not the first time the monument was targeted. In 2008, a masked man calling himself an “American patriot” defaced the monument as a warning to the “global elite.” He tied the Guidestones to a coming new world order, a conspiracy theory perpetuated by QAnon followers and expressed by personalities such as InfoWars founder Alex Jones.

Conversations on this blog often include efforts to describe Americans’ current divides: Red versus Blue, urban versus rural, educated versus uneducated…The steady growth of incidents like this one suggest a more accurate division might be: reasonably sane versus bat-shit-crazy.

If humanity actually survives this period–increasingly characterized by the rejection of logic, science and empirical evidence– historians will probably describe these times as “the age of insanity.”

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The War On Government

One of the consequences of  the low civic literacy I keep complaining about is a widespread lack of understanding of  the importance of systemic problems. Our current media environment doesn’t help.

Let me give a few examples to explain what I mean.

The media covers our  election “horse races,” but largely ignores the systemic gerrymandering that precedes individual races and pre-ordains too many of their outcomes. The result is that the “win/lose” results don’t really reflect majority voter preferences, but that is rarely the focus of discussion.

The media routinely reports the results of U.S. Senate action, but has only begun to recognize the pernicious effects of the filibuster, which has changed that chamber from one operating on majority rule to a broken system that now requires a super-majority to pass even the most trivial laws.

Americans remain largely unaware of the undemocratic effects of the Electoral College –how that outdated system has operated to install as President candidates who lost the popular vote, and how it threatens to do so again.

As America’s governance has become ever more dysfunctional, recognition of those particular systemic flaws has grown, but–as we can see from reactions to the recent stream of radical Supreme Court decisions–while there is anger at the immediate and visible results, there is little recognition of the truly horrific systemic effects of those decisions.

The overruling of Roe is just one example. As I’ve written before,  the Court achieved that result by undermining an important doctrine–a doctrine that supports a number of other important liberties. The damage done goes far, far beyond the “headline.”

Similarly, the media has largely overlooked the truly breathtaking assault on American government represented by the decision in West Virginia v. EPA.  That decision limited the extent to which Congress can delegate regulatory decisions, and–together with other, less publicized cases–amounts to a war on government’s ability to protect the “general welfare.”

As Sam Baker recently wrote in Axios, the Court is moving to restrict the authority of regulatory agencies in the executive branch.

These cases may not always feel like blockbusters in isolation, but they can constrain federal power in ways that are almost impossible to reverse, with dramatic implications that cut across multiple policy areas.

Driving the news: Just in the past few months, the court …

Prevented the CDC from enforcing an eviction moratorium due to COVID.
Prevented OSHA from enforcing a vaccine mandate in workplaces.
Prevented the EPA from carrying out some of its most aggressive proposed limits on greenhouse gasses.
Some of those issues are bigger than others, but each of those cases raised questions about overarching legal principles related to executive-branch authority.

Taken together, it’s clear which direction things are headed — the federal government is going to be able to do a lot less than it has been able to do in the past.

At least three of the radical Justices are hoping to reinstate something called the “nondelegation doctrine” — a theory that Congress cannot delegate to agencies of the executive branch any of the powers the Constitution gives to Congress.

It’s not carrying the day right now, but at least three justices seem to want to bring it back. When the court struck down OSHA’s vaccine mandate, Justice Neil Gorsuch — joined by Justices Clarence Thomas and Samuel Alito — said that even if Congress had expressly given OSHA the power to impose a vaccine mandate, that likely would have been unconstitutional.

In the 1800s, this debate was reasonable. Back then, We The People elected Congressmen (and they were CongressMEN) to make legal and regulatory decisions that were well within the competence of most lawmakers. In the 21st Century, life is considerably more complicated and a great many of those decisions require a degree of scientific, legal and/or medical expertise that we cannot reasonably expect from even our non-crazy lawmakers.

Forbidding Congress from delegating considerable authority over highly technical issues is a way of strangling the ability of government to act.

We can all point to regulatory decisions we dislike. We can argue that this or that rule exceeds the agency’s  grant of authority. But removing that authority–telling agency personnel that they cannot regulate environmental hazards, or require technical food and drug safety measures, or mandate certain responses to diseases and pandemics, etcetera, etcetera–is tantamount to telling the executive branch its authority doesn’t reach far beyond coining money and declaring war.

Focusing only on the “headline” results of these decisions–appalling as those obvious results are–blinds us to their systemic implications. This Court is coming for the underpinnings of federal governance.

Of course, if climate change destroys the planet, it may not matter…..

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