Money Over Sanity

Before the presidency of Donald Trump and the rise of the MAGA/QAnon crazies, I would sometimes need to search for a good example of bad public policy to discuss in my classes. Indiana supplied many of those, but if even the Hoosier state lacked an appropriate case of WTF, I could always depend on Texas.

An article from the New York Times I read a while back suggests that it isn’t only the Texas governor and legislature, or Texas’ outsized influence on textbook selection. The state evidently supplies all manner of nefarious actors seeking to shape federal policies in ways favorable to their bottom lines. The organization profiled by the Times operates beneath the radar, in a far too successful effort to protect fossil fuel companies from those silly laws intended to save the planet.

The Texas Public Policy Foundation is an Austin-based nonprofit organization backed by–and serving the interests of– “oil and gas companies and Republican donors.

With influence campaigns, legal action and model legislation, the group is promoting fossil fuels and trying to stall the American economy’s transition toward renewable energy. It is upfront about its opposition to Vineyard Wind and other renewable energy projects, making no apologies for its advocacy work.

Even after Democrats in Congress passed the biggest climate law in United States history this summer, the organization is undaunted, and its continued efforts highlight the myriad forces working to keep oil, gas and coal companies in business.

In Arizona, the Texas Public Policy Foundation campaigned to keep open one of the biggest coal-fired power plants in the West. In Colorado, it called for looser restrictions on hydraulic fracturing, or fracking. And in Texas, the group crafted the first so-called “energy boycott” law to punish financial institutions that want to scale back their investments in fossil fuel projects, legislation adopted by four other states.

The article also notes that the organization spreads misinformation about climate science, producing  YouTube videos, sponsoring pundits to appear on Fox and Friends, and social media campaigns. The message–aimed at lawmakers and the public–is that a transition away from oil, gas and coal would harm Americans.

They have frequently seized on current events to promote dubious narratives, pinning high gasoline prices on President Biden’s climate policies (economists say that’s not the driver) or claiming the 2021 winter blackout in Texas was the result of unreliable wind energy (it wasn’t).

Foundation personnel travel widely in order to encourage lawmakers in various state to punish companies trying to reduce their carbon emissions. It sponsors an initiative called Life:Powered, that makes what the organization calls “the moral case for fossil fuels.” The basic argument–which doesn’t seem all that moral–is that “American prosperity is rooted in an economy based on oil, gas and coal.

The article quoted the chief executive of an Austin-based trade group for renewable energy companies, who pointed out that the Foundation, whose members spent decades advocating for offshore oil drilling, oppose offshore windfarms. It opposes subsidies for renewables. (Last time I looked, the government continues to subsidize fossil fuel industries to the tune of 20 billion dollars annually.)

They’re for looser restrictions on fracking and drilling, but greater restrictions for solar and wind. This organization exists to defend fossil fuels from any threat to their market share.”

On Thanksgiving, Jason Isaac, an executive at the group, tweeted “Today, I’m thankful to live a high-carbon lifestyle and wish the rest of the world could too. Energy poverty = poverty. #decarbonization is dangerous and deadly.”

The article goes on to describe the various ways the amply-funded Foundation influences policy and protects the financial interests of fossil fuel industries.It’s a textbook example of the way monied interests drive American policy.

There are several issues here, the most obvious of which is how these people can sleep at night. An overwhelming scientific consensus warns that continued reliance on fossil fuels threatens the Earth. Perhaps they don’t care about other people, but presumably many of them have children and grandchildren…

Less obvious, perhaps, but equally confounding ,is the ability of this organization and others like it–organizations that are pursing equally dangerous and/or dishonest goals (ALEC comes to mind, but there are hundreds, if not thousands, of others)– to wield dramatically disproportionate influence in America’s legislative bodies.

Ordinary citizens lack the resources to hire lobbyists, make significant campaign contributions and otherwise mount effective responses to these organizations. Worse still, the stealthy ways in which these organizations influence policy keeps most of us ordinary citizens from recognizing their existence or understanding what they are doing and how they are doing it.

It’s fashionable these days to attack capitalism, but America no longer has a genuinely capitalist economic system; it has corporatism— control of government  by large interest groups.

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Originalism And Corruption

At what point does an ideological lens morph into dishonesty and corruption? I don’t know the answer to that, but it is a pressing question raised by some highly dubious and arguably corrupt behaviors by two current Supreme Court Justices. 

In the case of Clarence Thomas, highly questionable behavior has been obvious–and criticized–for years. More recently, with the revelations about his wife Ginni and her deep involvement in Trump’s attempted coup, his refusal to recuse himself in cases that might well implicate her is nothing short of scandalous. Now, there are growing, serious concerns about the degree of dishonesty characterizing Samuel Alito’s jurisprudence and (if recent accusations are found to be accurate) improper behaviors.

The purported basis upon which these justices have based controversial opinions goes under the rubric of “originalism.”

So what, exactly, is “originalism”? As a recent post to the History News Network began,

“Originalism.”

That’s the touchstone of constitutional jurisprudence over which Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett obsess.

It makes them feel righteous to do it, because for people like themselves the doctrine is faith. 

They presume that the words of the Constitution possess essentially one “original” meaning.  And they also presume they have the power to determine this meaning and then lord it over everyone else.

They believe this.

As the post proceeds to note, historians, linguists, and anyone possessing an ounce of intellectual integrity consider that iteration of  originalism to be simple-minded dogma.

As an article about Amy Comey Barrett put it, arguments for originalism have always rested on flimsy foundations–and conservative judges have routinely ignored the doctrine when it interfered with a desired result.

It turns out that originalism’s real utility is its transactional value as a vehicle for other legal principles. The deeper structure of constitutional jurisprudence is the pervasive and foundational but largely unacknowledged influence of Catholic natural law moral philosophy. Barrett represents more than simply the latest link in the chain of custody for originalist jurisprudence that extends from her mentor, and one of originalism’s founding fathers, former Justice Antonin Scalia, to the present day.

The article argues that a medieval form of Catholicism, rather than Evangelical fundamentalism, permeates the judiciary–and especially the current Supreme Court. The article asserts that it is Catholicism that today forms the linchpin of culture-war conservatism in the United States.

The underlying organizational and intellectual impetus for this influence derives from Thomist Catholic perspectives—on natural law, in particular—that have achieved resurgence in the last 50 years and have infused conservative foundations and think tanks alongside vast amounts of donor money.

As Ruth Marcus noted in a recent column,

When originalist arguments favor a result the conservative justices dislike, they’re content to ignore them, or to cherry-pick competing originalist interpretations that comport with their underlying inclinations. Originalism doesn’t serve to constrain but to justify. This is not a fair fight — or an honest one.

Marcus’ column is lengthy, but well worth reading; she traces the evolution of the doctrine and its embrace by conservatives unhappy with the Warren Court’s approach, which I would characterize as a correct understanding of “original intent”–namely, looking to the values the Founders were trying to protect, and endeavoring to protect those values–free speech, freedom of religion, etc.–from previously unanticipated threats emerging from an environment the Founders could never have envisioned. (The Founders said nothing about free speech on the Internet…)

Multiple historians have objected to Alito’s highly inaccurate historic references in Dobbs, and recently a former leader of the anti-abortion movement has alleged that Alito leaked his equally troubling decision in the Hobby Lobby case to one of that leader’s colleagues..

To return to my initial question: when does a fervently held ideology become a corrupt enterprise? There is, after all, a difference between bringing a particular philosophical “lens” to the law and facts of a case (as any lawyer will confirm, it is impossible not to do so) and distorting and/or fabricating those facts and mischaracterizing that law in order to reach a desired result.

Corruption is not always financial. The dictionary defines corruption as “the process by which something is changed from its original use or meaning to one that is regarded as erroneous or debased.” Alito’s jurisprudence–which many lawyers, including this one, have criticized over the years–has arguably devolved into precisely such debasement. 

Senator Durban has announced that the Senate Judiciary Committee will investigate the allegations of that former leak, and there are renewed calls for the Court to adopt a binding code of ethics, which–unlike lower courts–it currently lacks. 

Both that investigation and an undertaking to abide by the ethical principles that bind the rest of the legal profession are long overdue.

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Identity Politics

Typically, diatribes against so-called identity politics are aimed at “woke” folks advocating for the civic equality of marginalized groups, presumably to the detriment of  the common good. I want to argue for a different–and infinitely more troubling–definition, one that helps explain America’s current divisions.

Several recent events and observations have prompted this reflection. A few days ago, I attended a meeting of a group of Hoosiers concerned about Indiana’s lopsided support of Republican candidates, even when those candidates were obviously and dramatically flawed. What several of us implicitly recognized was the changed nature of political choice.

These days, Hoosiers and other American voters are not engaged in debates over policy. The policy preferences and beliefs that used to determine whether people identified with Republicans or Democrats–free trade, welfare policy, foreign policy–no longer drive that choice, and a frighteningly large number of Americans haven’t the faintest idea what positions the parties or candidates embrace–or even know enough about the issues to form a coherent opinion.

Worse still, most don’t care.

I previously noted that the very welcome result in Georgia’s Senate run-off was an uncomfortably close one–that 1,700,000+ voters cast ballots for a manifestly unqualified and arguably mentally-ill candidate.

A couple of days ago, in his daily Newsletter, Robert Hubbell noted the durability of GOP base support for Trump, despite behaviors most Americans would once have seen as immediately disqualifying:

In the three weeks since he announced his 2024 presidential bid, Trump has met with antisemites, Nazi supporters, white nationalists, and QANON members at Mar-a-Lago and called for the “termination of the Constitution.”That is the worst “roll-out” of a presidential campaign in history. And yet, Trump has a 40% favorability rating while President Biden has a 42%favorability rating. We dismiss Trump at our peril.

I don’t think it is an exaggeration to say that America is now experiencing a tribal war. Our differences are not based upon contending positions on matters of policy or candidate quality; they are based upon the irreconcilable world-views of the “tribes” of which we consider ourselves part.

Policy differences can be compromised; irreconcilable world-views cannot.

Over the past few decades, we Americans have sorted ourselves into a Red tribe and a Blue tribe. The Republican Party has never been a “big tent” in the same way the Democratic Party was and still is, but it was far more capacious than it is today. There were liberal Republicans, and a significant number of Republicans for Choice (a group to which I once belonged). Foreign policy positions ranged from isolationist to interventionist.

Today, the GOP has purged virtually all “outliers.” The MAGA party has largely morphed into the White Christian Nationalist Party, with internal differences narrowed to degrees of racism, anti-Semitism and hatred of “the libs.” A “moderate” Republican today is one who limits his public pronouncements of such sentiments because he still recognizes how ugly they sound. (I use the male pronoun because most of these culture warriors are men, but not all; loony-tune shrews like Marjorie Taylor Greene and Lauren Boebert are full-fledged members of the cult.)

Everyone who doesn’t fall within the GOP’s ambit–everyone who isn’t prepared to join the cult–is either a Democratic-leaning Independent or a Democrat, with the result that what was once that party’s “big tent'” is now a huge one, stretching from never-Trump Republicans to middle-of-the-road voters to self-identified democratic socialists. (That makes achievement of consensus the equivalent of herding cats, but that’s an issue for a different post.)

People now go to the polls to vote for their tribe, their team. America has always had an unfortunate tendency to view political contests like team sports; these days, “my team” has hardened into “my tribe, my people,” and voting has become a contest between “real Americans” and “woke liberals.” The attributes of the candidates, their positions on or evasions of the issues have largely faded into irrelevancy.

So…what now?

I fervently hope that we are simply on the cusp of permanent, largely positive social change, and that it is resistance to that change that has engendered the outpouring of fury, bile and hysteria from what Steve Schmidt calls “the belligerent minority.”  I hope that the inclusive, so-called “woke”  culture these folks so detest has become too embedded to be overturned.

I actually do believe that to be the case. But in the meantime, those of us who aren’t part of the cult need to understand what is motivating the legions who vote for people like Herschel Walker and Marjorie Taylor Greene, and who continue to support Donald Trump–and we need to actively oppose them.

Whoever said “Eternal vigilance is the price of liberty” wasn’t kidding.

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Our Freudian Politics

Warning: this post contains a number of sexual references, so if you find discussions of genital endowments inappropriate, you should probably skip this one.

Why am I addressing sexuality in a blog devoted to policy and politics? Because I have reluctantly come to the conclusion that a great number of America’s dysfunctions can be traced to misogyny–and that a great deal of that misogyny is the result of men’s concerns over the adequacy of their endowments–concerns that explain a number of, shall we say, “odd” fixations.

Some of those fixations are pretty well known: the racist obsession during slavery and Jim Crow with Black men’s “endowments” (and fears that Southern women might enjoy being “ravished”) , and the more recent “Incel” phenomenon, where men who can’t find women willing to have sex with them (gee, I wonder why? they sound so nice…) express their grievances by attacking women. And of course, there are those “tough” men who carry their guns to the local Kroger (compensate much?).

But there are less recognized aspects of this particular obsession.

Recently, an article in The New Republic considered some of the weirder aspects of the Right’s fixation with Hunter Biden and his laptop. The article was prompted by Elon Musk’s equally weird “expose” of Twitter’s earlier decision not to indulge the original frenzy around what appeared to most credible journalists as a very sketchy story. (After all, the laptop had been in the possession of Rudy Guliani for a period of time–if there had really been something damaging to Joe Biden, it’s likely we’d have heard about it.)

Despite Musk’s breathless implication that he was about to reveal some nefarious plot to hide wrongdoing, the communications he dredged up and published basically showed a discussion by Twitter’s then content moderators considering whether the story violated their standards. Ho-hum.

But then the article noted the “prurient interest” aspect of the whole matter.

Now: Here’s the psychotic part. As Miller put it: “The offending material that Taibbi revealed was removed by Twitter at the Biden campaign’s request turns out to have been a bunch of links to Hunter Biden in the buff.” And these photos revealed to the world that Hunter has … well, you know … let’s just say that he has been blessed by nature. The New York Post reported over the summer on its actual size. You can go look that up if you wish.

So here, clearly, is still one more thing for the right to hate about Hunter. Don’t laugh. Men don’t talk about it much in polite company, but this is something many men think about to the point of obsession. And isn’t it particularly acute among conservative men, all full of that macho swagger? Isn’t that swagger a form of compensation, like that bright orange Dodge Charger the 61-year-old balding man suddenly decides he can’t live without? And isn’t Donald Trump, who still smarts 30 years later from being dubbed “short-fingered” by Spy, the most insecure of all men along these lines? You surely don’t forget the time he actually made his penis a campaign issue in 2016. It’s not the kind of thing you can unremember.

OK, I’ll admit that I can’t look deep into the psyches of all these right-wing men and so I should not overgeneralize about them. I am not asserting that James Comer, the incoming chairman of the House Oversight Committee who has vowed to make the 118th Congress entirely about Hunter Biden, is thinking about how the first son holsters his Dillinger as he contemplates how he’s going to cut him down to—as it were—size. But I am saying, absolutely, that there is something strange and psychological about the Hunter obsession.

Perhaps it comes down to simply this: It’s all they have, and that makes them insane. Joe Biden has been in public life for half a century and has never been attached to a whiff of financial scandal. It makes the right, especially the Trumpy right, nuts. In Trumpworld, everyone is corrupt; that’s a given. Only schmucks aren’t out to cut corners and game the system. The only difference is between those smart enough to get away with it and those dumb enough to get caught.

Democrats have responded to the GOP’s threat to make the next two years all about Hunter Biden–who has never been part of government– by pointing to the multiple grifts of the Trump offspring, who made out like bandits while occupying high government positions for which they were manifestly unfit. True enough–and certainly more appropriate material for public discussion.

But have you looked lately at squirrelly Jim Jordan, and some of the other Republicans engaged in this particular vendetta?

Just asking…

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Fetterman Hits The Ground Running!

Those of us hoping that John Fetterman would win Pennsylvania’s Senate race and defeat the oleaginous “Dr. Oz” should be very pleased with the initial steps Fetterman is taking as he prepares to assume office.

U.S. Senator-elect John Fetterman on Friday announced two key staff hires for his office on Friday, including tapping the author of a book calling for the abolishment of the arcane Senate filibuster to be his next chief of staff.

The Pennsylvania Democrat said in a statement that he has hired Adam Jentleson to oversee his D.C. office as chief of staff and that longtime party operative and labor organizer Joseph Pierce will be his state director.

A veteran of the Senate who served under former Majority Leader Harry Reid of Nevada, Jentleson also wrote the 2021 book, Kill Switch: The Rise of the Modern State and the Crippling of American Democracy, which examines Senate rules that powerful interests have exploited to obstruct progressive legislation with overwhelming majority support among the American public”

 Jentleson has been a strong voice for ending the filibuster, which he insists is necessary to protect American democracy. I couldn’t agree more.

Those who haven’t followed the Senate’s inner workings may not realize that the filibuster in its current iteration bears little or no resemblance to the original rule. Whatever original purpose the filibuster may have served, for many years its use was infrequent. For one thing, it required a Senator to actually make a lengthy speech on the Senate floor.. In its current form, it operates to require government by super-majority–it has become a weapon employed by extremists to hold the country hostage.

A bit of history is instructive.

The original idea of a filibuster was that so long as a senator kept talking, the bill in question couldn’t move forward. Once those opposed to the measure felt they had made their case, or at least exhausted their argument, they would leave the Senate floor and allow a vote. In 1917, when filibustering Senators threatened President Wilson’s ability to respond to a perceived military threat, the Senate adopted a mechanism called cloture, allowing a super-majority vote to end a filibuster.

In 1975, the Senate again changed the rules, making it much, much easier to filibuster.

The new rules allowed other business to be conducted during the time a filibuster is (theoretically) taking place. Senators no longer are required to take to the Senate floor and publicly argue their case. This “virtual” use has increased dramatically as partisan polarization has worsened, and it has effectively abolished the principle of majority rule. It now takes the sixty votes needed for cloture to pass any legislation.

This anti-democratic result isn’t just in direct conflict with the intent of the Founders, it has brought normal government operation to a standstill.

Meanwhile, the lack of any requirement to publicly debate the matter keeps Americans  from hearing and evaluating the rationale for opposition to a measure–or even understanding why nothing is getting done.

There is really no principled argument for maintaining the filibuster in its current form. During the campaign, Fetterman repeatedly promised to support efforts to end the filibuster in the Senate, explaining that abolishing it would allow  key legislation to pass on gun control, labor protections, abortion rights, and voting access.

Jettleman has also pushed for Democrats to brand Supreme Court Justice Amy Coney Barrett’s nomination as “illegitimate” in order to pave the way for eventually eliminating the filibuster and adding more seats to the court. In 2020, he had an op-ed in the New York Times a few days after Ruth Bader Ginsburg’s death, in which he argued that– while Democrats did not have the power to block a nomination by then-President Donald Trump–they could  and should work to delegitimize it.

I first read about Fetterman when he was the very unorthodox Mayor of Braddock, Pennsylvania, and (while I’ll admit to being somewhat puzzled by his choice of clothing) I was impressed. Here was a person who actually wanted to be mayor, wanted to improve his community, unlike the many politicians who clearly view local office solely as a stepping-stone.

Fetterman is evidently bringing that same sensibility to the Senate. His choices of staff are indications that he will focus on the nuts and bolts of actual governance, rather than following the culture war/negative partisanship of Senators like Indiana’s Mike Braun. (Braun is so uninterested in the nuts and bolts of legislating that he has announced he’ll leave the Senate and run for Governor.)

Fetterman joins other Democrats who seem intent upon actually addressing the problems we face. Getting rid of the filibuster would allow them to do so.

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