What’s Different This Time? A Lot.

Back in the 60s, Bob Dylan told us that “the times, they are a-changing.” They still are.

I’ve been thinking about about the Supreme Court’s efforts to reverse social change, and the extent to which their targets have become too firmly embedded in the culture to be reversed.

Roe v. Wade was decided in 1973–almost exactly 50 years ago–and we sometimes forget how much American life  has changed since then. I’ve been thinking about what those changes may mean for the radical Court decision to overrule the constitutional right of a woman to control her own reproduction.

Consider just a few…

  •  Roe was argued in a void of sorts.Tthere was virtually no public discussion of women’s experiences with abortion, because it had been illegal in many if not most states, and coming forward to publicly explain and provide context to a decision to terminate a pregnancy would have labeled the woman a criminal. As Dobbs made its way through the judicial system, however, women faced no such restraint, and their stories have illustrated the multiplicity of situations women face, and the intensely personal impacts of their decisions.
  • Columnist Jennifer Rubin has written about one outcome of that public discussion–widespread recognition of the cruelty of forced birth. How do you defend GOP insistence that a 10-year-old girl impregnated by her rapist carry that pregnancy to term? Yet in that very real case, at least two Republican gubernatorial candidates have affirmed their belief that this child should be required to give birth. As Rubin noted, those utterances by GOP candidates weren’t anomalous: Mississippi House Speaker Philip Gunn said that, in his view, a 12-year-old impregnated by incest should be forced to complete her pregnancy. Herschel Walker, the Georgia Republican Senate nominee, insists he wants no exceptions, even to save the woman’s life. Ohio state Rep. Jean Schmidt has called forcing a 13-year-old rape victim to give birth an “opportunity.” Even people with qualms about abortion are likely repulsed by this sick lack of concern for the lives and health of living women.
  • Poll after poll shows that most people who want to restrict abortion don’t want to ban the procedure entirely. Yet–as The New York Times reports– “There are no allowances for victims of rape or incest in Alabama, Arkansas, Florida, Kentucky, Louisiana, Missouri, Oklahoma, Ohio, South Dakota, Tennessee or Texas.” In Idaho, a woman would have to file a police report to obtain an abortion, something virtually impossible for incest victims and others who live in fear of their attackers.”
  • As legal observers have noted–and survey research has confirmed--the U.S. Supreme Court is in the midst of a full-fledged legitimacy crisis, worsened by a steady stream of extreme decisions handed down by the conservative supermajority. Opinions about the Court are far more negative than they were in 1973.
  • The decision in Dobbs, as I’ve previously explained, rests on an analysis that threatens other rights–rights that weren’t recognized fifty years ago (and thus were not “deeply rooted” in Justice Alito’s version of American history) such as same-sex marriage (2015), contraception (1965) and interracial marriage (1967). That threat is widely understood, and it significantly expands the number of Americans who (accurately) view Dobbs as a personal threat.
  • The media environment today is dramatically different from that of 1973. Whatever their negatives–and I routinely post about those negatives–the ubiquity of the Internet and social media means that very few Americans are unaware of either the Court’s decision or its likely impacts. Digital communication has also made it much, much easier to organize political movements and raise dollars–and we are already seeing a strong political response online to what is being described–again, I believe accurately–as a theocratic and profoundly anti-liberty decision.
  • Over the past fifty years women have become considerably more empowered.
  • The percentage of Americans following the dictates of organized religion is at an all-time low.

I’m old, and I remember 1973.

In 1973, my mother–who was considered pretty liberated for her time– was still saying things like “Men won’t buy the cow if they can get the milk for free.” Women who had sex outside of marriage were considered sluts. Women who dared to have both children and careers were  “obviously” bad mothers. Women who weren’t married were pitied and called “old maids.” Women who earned more than their husbands were “castrating.” Women who played sports were unfeminine–and the very few women who wanted to report on sports were barred from male players’ locker rooms…It was 1974 before we could even get our own credit cards.

In short, a lot has changed since 1973. As a recent car commercial puts it, “this isn’t your father’s Oldsmobile.”  

 In 1971, Helen Reddy wrote our anthem..

In 2022, I think women really are going to roar.

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The Big Lie Guy Running For Secretary of State

When Newsweek runs a story about an Indiana race for Secretary of State, you know something unusual is happening.  Even for Red Indiana, where our lawmakers routinely prostrate themselves before our most retrograde, frightened White Christian Nationalist voters, the outcome of the GOP contest to be the Secretary of State nominee was an embarrassment.

As the linked article reported,

Former Mike Pence aide Diego Morales’ shocking victory in the Indiana secretary of state Republican primary is the latest example of a candidate who backed Donald Trump’s false election claims that potentially could end up overseeing statewide policies for elections.

Morales, who beat incumbent Holli Sullivan following a second round of voting on Saturday, was previously quoted by the Associated Press as calling the 2020 election a “scam.”

Morales has been transparent about his desire to make voting more difficult: he has promised to cut early voting days before each election from 28 days to 14, and–echoing Trump’s xenophobia–to  require new voters to prove their United States citizenship when registering.

As James Briggs wrote in The Indianapolis Star,

The Indiana Republican Party on Saturday nominated a secretary of state candidate so broadly unacceptable that the selection must be setting some kind of record for political ineptitude.

Their choice, Diego Morales, once worked in the secretary of state’s office. That would normally be a good thing. Experience!

Except …

Except that, well, Morales got fired in 2009 over incompetence and a “lack of professionalism,” according to his personnel file. Morales disputes the record, as IndyStar’s Kaitlin Lange wrote, but his file doesn’t leave much ambiguity as to whether he met expectations in his job as a special assistant under Todd Rokita.

That wasn’t the only time: he reportedly rejoined the office in 2011 (why they would rehire someone whose work was previously so unsatisfactory is a mystery, but then, pretty much everything Todd Rokita does is politically motivated, so who knows)  but soon, his supervisors tried to place him on a work improvement plan, citing “poor execution of required daily tasks” and “incomplete event planning and management.”  He evidently  resigned rather than sign the form.

So how did this nomination happen? According to Briggs,

For Republicans, nominating Morales was an unforced error made out of delegates’ spite for Gov. Eric Holcomb. Right-wing Republicans have been furious at Holcomb, a moderate, over his mask mandate and other COVID-19 restrictions, as well as not being forceful enough in pursuing issues important to the conservative base.

Many of those anti-Holcomb Republicans showed up Saturday to the Indiana State Fairgrounds among the 1,667 delegates who voted in the nominating convention to choose candidates for secretary of state, treasurer and auditor through a nominating convention. The delegates rebuked Holcomb by passing over Secretary of State Holli Sullivan, whom Holcomb appointed in 2021, and going with the anti-establishment choice.

According to Briggs, the Associated Press previously reported that Morales also  embellished his resume and exaggerated the details of his business ownership.( He’s evidently what you’d call “a real piece of work.”)

The Democratic candidate for the office is Destiny Wells. I don’t know her personally, but I’ve heard positive things, and I absolutely loved her recent tweet: “When it’s easier to carry a gun than to vote, we have a problem.” Her website is here.

As veteran political observer Brian Howey reported,

Asked what his victory over Sullivan meant, Morales answered, “I will say one word: Praise the Lord.” Morales, who accused Gov. Eric Holcomb of “abusing his power” during the COVID-19 pandemic, added, “The vision today is to keep that American dream alive. We must secure our elections … so we can increase voter confidence.”

Morales vowed to purge voter rolls, limit absentee ballots and allow voting only on Election Day. “No one in Indiana cemeteries will be allowed to vote,” Morales told GOP delegates. The problem with that is there is no evidence of dead Hoosiers voting…..

While Indiana isn’t a swing state and will almost certainly vote for a Republican presidential nominee in 2024, the notion of installing an election denier as the state’s top elections official is a dicey proposition.

No kidding!

It’s bad enough to live in a state governed by people who want to arm the entire population (okay, to be fair, just the White part), make LGBTQ+ folks second-class citizens, control women’s bodies, and make it easier for a pandemic to kill you. The last thing we need is a nutcase “Big Lie” proponent overseeing our elections.

Go to Destiny Wells website and send her some money. Then VOTE FOR HER.

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History Versus Mythology

Speaking of history…

Over the past few years, I’ve read a lot of American history–most of which I hadn’t encountered in high school or college history classes. (One unfortunate result is that I no longer get goose bumps when I hear the national anthem; the people opposing the teaching of accurate history aren’t entirely wrong about its potential to dampen jingoism…)

Accurate history can be depressing, but grown-ups can deal productively with the gap between the country’s values and aspirations and our past failures to live up to them. As I argued yesterday, understanding actual history allows us to address the inaccurate mythologies that continue to warp contemporary political discourse.

In a recent essay for The Conversation, my friend Pierre Atlas–a political scholar, gun owner and NRA member who stresses he hasn’t donated to the organization since 1997– examined effects of  widely-accepted myths about the Old West on today’s policy debates. I encourage you to click through and read the article in its entirety, but I’m sharing passages I found particularly illuminating.

Pierre began by recognizing the partisan divide over “gun rights” and the effect of that divide on the recently passed–and widely hailed–“bipartisan” gun legislation.

In the wake of the Buffalo and Uvalde mass shootings, 70% of Republicans said it is more important to protect gun rights than to control gun violence, while 92% of Democrats and 54% of independents expressed the opposite view. ..

In order to attract Republican support, the new law does not include gun control proposals such as an assault weapons ban, universal background checks or raising the purchasing age to 21 for certain types of rifles. Nevertheless, the bill was denounced by other Republicans in Congress and was opposed by the National Rifle Association.

What is the wellspring of this widespread gun fetish?

My analysis finds that gun culture in the U.S. derives largely from its frontier past and the mythology of the “Wild West,” which romanticizes guns, outlaws, rugged individualism and the inevitability of gun violence. This culture ignores the fact that gun control was widespread and common in the Old West…

Americans have owned guns since colonial times, but American gun culture really took off after the Civil War with the imagery, icons and tales – or mythology – of the lawless frontier and the Wild West. Frontier mythology, which celebrates and exaggerates the amount and significance of gunfights and vigilantism, began with 19th-century Western paintings, popular dime novels and traveling Wild West shows by Buffalo Bill Cody and others. It continues to this day with Western-themed shows on streaming networks such as “Yellowstone” and “Walker.”

Historian Pamela Haag attributes much of the country’s gun culture to that Western theme. Before the middle of the 19th century, she writes, guns were common in U.S. society, but were unremarkable tools used by a wide range of people in a growing nation.

Pierre explores the effects of gun-makers’ PR campaigns, which romanticized guns and their role in the settling and taming of the West. Contrary to that invented mythology, he found that–while gun ownership was common– actual gunfights were rare, and that many frontier towns “had strict gun laws, especially against carrying concealed weapons.”

As UCLA constitutional law professor Adam Winkler puts it, “Guns were widespread on the frontier, but so was gun regulation. … Wild West lawmen took gun control seriously and frequently arrested people who violated their town’s gun control laws.”

“Gunsmoke,” the iconic TV show that ran from the 1950s through the 1970s, would have seen far fewer gunfights had its fictional marshal, Matt Dillon, enforced Dodge City’s real laws banning the carrying of any firearms within city limits.

Pierre notes that NRA hardliners are willing to accept gun violence as an inevitable side effect of a free and armed but violent society. Their opposition to new gun reforms as well as the current trends in gun rights legislation – such as permitless carry and the arming of teachers – are but the latest manifestations of American gun culture’s deep roots in highly inaccurate frontier mythology.

Wayne LaPierre, executive director of the National Rifle Association, the country’s largest gun rights group, tapped into imagery from frontier mythology and American gun culture following the Sandy Hook massacre in 2012. In his call to arm school resource officers and teachers, LaPierre adopted language that could have come from a classic Western film: “The only thing that stops a bad guy with a gun is a good guy with a gun.”

Recent studies actually show that giving those “good guys” concealed carry permits is linked to 13-15 percent higher violent crime rates–and accurate history confirms that the only thing that can stop a bad guy with a gun is rational gun regulation.

Those shoot-em-up Westerns were fun when we were children, but it’s past time for Americans to grow up.





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Don’t Know Much About History…

It’s not just a song by Sam Cooke…

This Fourth of July, Americans aren’t only fighting over our future; we are also fighting over our past–and the need to learn from it. That requires  a clear-eyed encounter with history– accurate history.

Efforts to teach a non-whitewashed  ( pun intended) history in the public schools has been met with so-called “anti-CRT” bills, angry parents accusing school boards of blaming today’s children for the sins of the past, and “patriotic Americans” demanding that history classes emphasize the ‘greatness” of the country and minimize or ignore deviations from our Constitutional aspirations.

The Supreme Court was able to count on that ignorance of actual history in its decision in Dobbs v. Jackson.

In that decision overruling Roe v. Wade, Justice Alito relied substantially on a dishonest recitation of American history  to justify his result.  Few Americans were in a position to point to that dishonesty and set the record straight. I have previously posted on this subject, but let me repeat a portion of what Randall Ballmer, an eminent historian of Evangelical Christianity, has written.

Both before and for several years after Roe, evangelicals were overwhelmingly indifferent to the subject, which they considered a “Catholic issue.” In 1968, for instance, a symposium sponsored by the Christian Medical Society and Christianity Today, the flagship magazine of evangelicalism, refused to characterize abortion as sinful, citing “individual health, family welfare, and social responsibility” as justifications for ending a pregnancy. In 1971, delegates to the Southern Baptist Convention in St. Louis, Missouri, passed a resolution encouraging “Southern Baptists to work for legislation that will allow the possibility of abortion under such conditions as rape, incest, clear evidence of severe fetal deformity, and carefully ascertained evidence of the likelihood of damage to the emotional, mental, and physical health of the mother.” The convention, hardly a redoubt of liberal values, reaffirmed that position in 1974, one year after Roe, and again in 1976.

Ballmer tells us that Falwell and Weyrich, who were furious about efforts to tax their segregation academies, were “savvy enough” to recognize that organizing grassroots evangelicals to defend racial discrimination would encounter moral blowback. “Saving babies” was far more palatable.

Another scholar who has criticized the ahistorical tale told by Justice Alito is  Geoffrey Stone, who authored “Sex and the Constitution” and  teaches law at the University of Chicago. Stone was a Supreme Court Clerk when Roe was decided; as he says,

Americans, almost all, believed at that time that abortion had always been illegal, that it had always been criminal. And no one would have imagined that abortion was legal in every state at the time the Constitution was adopted, and it was fairly common. But people didn’t know that.

The justices came to understand the history of abortion partly because [Justice Harry] Blackmun previously had been general counsel [at the Mayo Clinic] and researched all this stuff. But this history also began to be put forth by the women’s movement. And this was eye-opening to the justices, because they had, I’m sure every one of them, assumed abortion had been illegal back to the beginning of Christianity. And they were just shocked to realize that was not the case, and that prohibiting abortion was impairing what the framers thought to be … a woman’s “fundamental interest.”…

In the 18th century, abortion was completely legal before what was called the “quickening” of a fetus – when a woman could first feel fetal movement, or roughly four and a half months through a pregnancy. No state prohibited it, and it was common. Post-quickening, about half the states prohibited abortion at the time the Constitution was adopted. But even post-quickening, very few people were ever prosecuted for getting an abortion or performing an abortion in the founding era.

This accurate history gives the lie to Justice Alito’s claim that the right to abortion was not ” deeply rooted in the nation’s history and traditions.” Several other historians–notably Heather Cox Richardson–have also disputed Alito’s characterization.

It’s highly unlikely that teaching more accurate history would have included the history of reproductive rights, but it would have–and should have–included those elements of the American past that gave rise to the racial and religious divisions we are experiencing today. Going through school, as I did, without ever encountering the Trail of Tears, the Tulsa massacre, the rise of the KKK and so much else leaves students without important context they need in order to understand today’s political debates. (It’s not just the omissions; we are now discovering that the tales we were told, and told to remember,  were often twisted...)

As legal scholar Akhil Reed Amar recently argued, “originalism” needn’t be dismissed as simply a dishonest tactic employed by radically conservative judges. Based on good, accurate history, it can be surprisingly progressive.

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Behind the Misleading Labels

One of my pet peeves–okay, one of the aspects of American political debate that absolutely drives me up the wall–is the substitution of labels for adult argumentation. We see the use of labels to dismiss factual disputes from all parts of the political spectrum, with right-wingers accusing Democrats–and even moderate Republicans– of being “socialists” and”Marxists” and left-wingers calling everyone to the right of Bernie Sanders   “fascists.”

In fact, I just did that too–I labeled by using the terms “left” and “right”–terms that aren’t remotely accurate. What passes for the far left in the U.S. is middle-of-the-road in Europe and elsewhere, and while we have definitely seen a growing number of American fascists, most of the screamers on what we think of as the political right are just our usual, garden-variety racists and White Nationalists.

These right and left labels are especially misleading, because what constitutes left and right in American politics has shifted. Dramatically.

I’m an excellent example. When I ran for Congress in 1980, as a (pro-choice, pro-gay-rights) Republican, I was routinely labeled “too conservative.” Today, I’m just as routinely accused of being a lefty/ socialist,  although I haven’t changed my political philosophy. (I have changed my positions on a couple of issues, as a result of learning more about them, but I haven’t changed my underlying approach to issues of liberty and the role of government.)

In other words, while I stood philosophically still, the popular definitions of “left” and “right” changed. The Overton Window shifted.

In a recent column, Paul Krugman considered how–and why– that change occurred.

As anyone with a living braincell has observed, today’s GOP bears little to no resemblance to the party I once belonged to, and its transformation from a respectable center-right political party to the irrational and frightening cult it has become is a vivid illustration of how misleading those labels really are.

Krugman reminds us that the change occurred over many years; Trump was just the most recent manifestation. He rquoted congressional scholars Thomas Mann and Norman Ornstein, who warned us in 2016 that the GOP had become “an insurgent outlier” that rejected “facts, evidence and science” and didn’t accept the legitimacy of political opposition. And he noted a 2019 survey of international political parties intended to determine their commitment to basic democratic principles and minority rights. The G.O.P., the survey found, “looks nothing like center-right parties in other Western countries. What it resembles, instead, are authoritarian parties like Hungary’s Fidesz or Turkey’s A.K.P.”

Such analyses have frequently been dismissed as over the top and alarmist. Even now, with Republicans expressing open admiration for Viktor Orban’s one-party rule, I encounter people insisting that the G.O.P. isn’t comparable to Fidesz. (Why not? Republicans have been gerrymandering state legislatures to lock in control no matter how badly they lose the popular vote, which is right out of Orban’s playbook.) Yet as Edward Luce of The Financial Times recently pointed out, “at every juncture over last 20 years the America ‘alarmists’ have been right.”

Why has this happened?

Krugman compared the GOP transformation to populist emergences in Europe, and found those comparisons unhelpful. His ultimate conclusion was persuasive.

It’s a puzzle. I’ve been spending a lot of time lately looking for historical precursors — cases in which right-wing extremism rose even in the face of peace and prosperity. And I think I’ve found one: the rise of the Ku Klux Klan in the 1920s.

It’s important to realize that while this organization took the name of the post-Civil War group, it was actually a new movement — a white nationalist movement to be sure, but far more widely accepted, and less of a pure terrorist organization. And it reached the height of its power — it effectively controlled several states — amid peace and an economic boom.

What was this new K.K.K. about? I’ve been reading Linda Gordon’s “The Second Coming of the K.K.K.: The Ku Klux Klan of the 1920s and the American Political Tradition,” which portrays a “politics of resentment” driven by the backlash of white, rural and small-town Americans against a changing nation. The K.K.K. hated immigrants and “urban elites”; it was characterized by “suspicion of science” and “a larger anti-intellectualism.” Sound familiar?

OK, the modern G.O.P. isn’t as bad as the second K.K.K. But Republican extremism clearly draws much of its energy from the same sources.

And because G.O.P. extremism is fed by resentment against the very things that, as I see it, truly make America great — our diversity, our tolerance for difference — it cannot be appeased or compromised with. It can only be defeated.

It’s hard to argue with Krugman’s diagnosis. It’s even harder to see just how the rest of us can recapture our governing institutions. If we don’t, however, in short order that “fascist” label will become horrifyingly accurate.

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