(Positive) Signs Of The Times

One of the multiple newsletters that hit my inbox comes from Religion News Service. (Given the influence of religion–especially Christianity–on American policy, it has always seemed prudent for this very irreligious observer to keep tabs on what’s happening to and among the purportedly pious…)

Recent reports have signaled a welcome–if belated–effort by those I consider to be genuinely religious to respond to the ugly perversions that excuse bigotries of various kinds as exercises in “sincere” religious belief. I’ve previously shared statements from “Christians Against Christian Nationalism.” Here are a couple of other examples:

Within the last two years, students at religious schools across the country have made headlines pushing back against university policies regarding LGBTQ students or staff.

They’ve staged a monthlong sit-in at Seattle Pacific University, a private school associated with the Free Methodist Church, against a policy that forbids the hiring of LGBTQ people. They’ve called on Baylor University, that affirms marriage between a man and a woman as the “biblical norm,” to officially recognize an LGBTQ student advocacy group. They’ve protested at Brigham Young University after The Church of Jesus Christ of Latter-day Saints, which operates the school, said same-sex romantic behavior was “not compatible” with university rules, despite the removal of the “homosexual behavior” section from its Honor Code, the Salt Lake Tribune reported.

The article reports that students at more than 100 campuses staged a walk out on Oct. 11–coming out day– to protest religious exemptions to Title IX, “carve-outs”  that allow discrimination against LGBTQ students by the presumably devout.

One university observer was quoted as saying that students “are done being told that in order to be a good Christian, that means you must be a white, straight Christian, or embrace white, straight Christian values.”

An equally intriguing story involved a massive ad  campaign. Dubbed the “He Gets Us” campaign, it is a $100 million effort to “redeem Jesus’ brand from the damage done by his followers, especially those who say one thing and then do another.”

The campaign, funded by the Signatry, a Christian foundation based in Kansas, will expand in the next few months, with an updated website, an online store where people can get free gear if they forgive someone or welcome a stranger, and an outreach program for churches, all leading up to a Super Bowl ad.

Lee said organizers also want to start a movement of people who want to tell a better story about Jesus and act like him.

Our goal is to give voice to the pent-up energy of like-minded Jesus followers, those who are in the pews and the ones that aren’t, who are ready to reclaim the name of Jesus from those who abuse it to judge, harm and divide people,” Lee said.

Jason Vanderground, president of Haven, a branding firm based in Grand Haven, Michigan, said the movement hopes to bridge the gap between the story of Jesus and the public perception of his followers. The campaign has done extensive market research and found that, while many Americans like Jesus, they are skeptical of his followers.

That last observation reminded me of a bumper sticker I’ve seen a couple of times, proclaiming something along the lines of  “Jesus–Protect Me From Your Followers.” It also reminded me of that quote from Mahatma Gandhi–“I like your Christ, but not your Christianity.”

The president of the marketing firm handling the campaign said Christians see their faith as a great love story, while increasing numbers of others see Christians as a hate group.

“Jesus said people are going to know my followers by the way they love each other and the way they interact with each other,” he said. “I think when we look at American Christianity now, we don’t see nearly as much of that — and that concerns a lot of people.”

We certainly haven’t been seeing much loving-kindness from the loudest, ostentatiously pious, self-identified Christians–or for that matter, from the fundamentalists of most religions.

Religion and philosophy can assist people in finding meaning, in dealing with the complexities of life and  wrestling with its inevitable moral ambiguities. To appropriate another observation, religion can be used as a shield or a sword. When people find comfort in their beliefs, using those beliefs to shield them from life’s “arrows,” it serves a defensible purpose. When it becomes a sword with which to label and attack unbelievers, dissenters, and various “others,” it is no longer defensible.

Apparently, a lot of genuinely religious folks are fed up with the hypocrisy and hatefulness of their sword-brandishing brethren. I’d call that a positive sign.

Comments

Power To The (Voting) People

Here in Marion County, Indiana, incumbent Prosecutor Ryan Mears has generated Republican criticism for making it clear he will deploy the resources of his office to target serious crime–and that his definition of serious crime doesn’t include smoking a joint or having an abortion. He sees his job as an important part of public safety efforts to protect citizens against crimes like rape, robbery and murder.

Mears is hardly the only prosecutor taking that position. Prosecutors have limited resources, and determining the most effective use of those resources in combatting crime is actually a critical part of the job description.

Right now, a battle taking place in Florida between Governor Ron DeSantis and Prosecutor Andrew Warren is illuminating what happens when an ambitious and autocratic governor pretends not to understand that responsibility.

When Florida’s Republican governor fired the Tampa area’s top prosecutor for defying the state’s transgender and abortion crackdown, Ron DeSantis made it clear that he believes his power as governor supersedes the power of voters.

But now that prosecutor, Andrew Warren, is suing to get his job back, and the twice-elected state attorney tells The Daily Beast this is more than a fight over his employment; it’s about whether a strongman governor can single-handedly toss a democratically elected local official out of office.

Politicians like DeSantis and (clumsier and closer to home, Todd Rokita) have tied themselves to the MAGA/ White Christian Nationalist crusade–since his election, DeSantis has moved to  “ban certain books in schools, halt transgender health care for young people, isolate and bully gay kids, and target transgender athletes in schools.”

Warren makes an important point: if DeSantis can overturn the will of the voters who chose him as prosecutor, what would prevent him from targeting elected school board members who choose to ignore his book bans and crackdowns on gay and transgender kids?

“There’s so much more at stake than my job. This is a fight to stop the erosion of our democracy. It’s to ensure our democracy has meaning, so we have elected officials and not a king, so no governor can steal the people’s vote and silence their voice. Regardless of what party you belong to, your vote matters,” Warren said.

This particular battle started shortly after the Supreme Court stripped women of abortion rights in June, when Warren and other elected prosecutors across the country sought to temper widespread fears about misogynistic crackdowns. Warren signed a joint statement vowing to not “criminalize reproductive health decisions.” DeSantis, seething over what he called a “woke” resistance, announced with much fanfare on Aug. 4 that he was suspending the Hillsborough County state attorney. The executive order accused Warren of “eroding the rule of law” and “encouraging lawlessness.” Warren sued two weeks later in federal court.

So far, the judge in the case has consistently ruled against DeSantis on preliminary matters. He issued an order rejecting the governor’s legal theory, which requires a finding that that public employees’ on-the-job statements aren’t protected by the First Amendment, and also requires a determination that an elected prosecutor is an “employee” of the governor who can be subjected to discipline by that governor/employer.

The judge has made a correct and important distinction between elected officials, and appointed agency employees. DeSantis has the legal authority to target the latter category, no matter how vindictively—as he did to the Health Department researcher who was pressured to resign when she wouldn’t fake COVID-19 data to make Florida look good.

He has no such power over officials who were voted into office.

The lawsuit in Florida and the criticisms being leveled against the numerous prosecutors who have taken positions similar to those taken by Warren and Mears should operate to focus more attention on down-ballot elections. We The People get to choose our local officials, and those officials aren’t beholden to state-wide officeholders–they are accountable to the law and to us.  It behooves us to investigate their positions, priorities and prior performance, and vote accordingly.

Here in Marion County, Indiana, we are fortunate enough to have an incumbent prosecutor who is forthright about where he stands, and candid about the ways in which he intends to deploy the limited resources of his office. For my part, I agree entirely with his priorities and approve of the way in which he has run the office. People who disagree should vote for his opponent. No matter who wins, however, that individual will be accountable to us, the voters–not to the governor and not to Indiana’s current (embarrassing) Attorney General.

They, too, are accountable to We The People.

Comments

The Judicial Crisis

Those of us who are, or have been, lawyers have watched the litigation over Trump’s purloined documents with amazement bordering on mystification. Suddenly, the potential consequences of Trump’s appointment of rogue judges are too dire to ignore.

The crises within the federal judiciary aren’t all new. During my years in the academy, I was a subscriber and occasional participant of the Law and Courts listserv–a forum for professors of law and political science. Well before McConnell’s shocking departure from constitutional and democratic norms, or Trump’s nomination of only Federalist Society favorites, scholars had focused on the need to expand the Supreme Court–a need prompted by increased workloads leading to fewer decisions. 

Participants also raised concerns about the increasing politicization of the courts. As an article in Politico recently put it, the widely ridiculed–and clearly political– Cannon ruling

underscores the deep fragility of judicial independence and the extraordinary strains it’s of late experienced. The episode is further a timely reminder that there’s no guarantee that an independent judiciary will survive. Just like other public institutions, American courts can unravel and lose public trust, with no easy way to get it back.

The lifetime appointments of federal judges were intended to shield jurists from political pressure, leaving them free to issue decisions based upon their reading of the law, rather than partisan passions. The Founders seemed not to worry about the possibility of politicized appointments.

As Politico noted,

the drafters of the Constitution assumed that there was little risk of politicized appointments for two reasons. First, they expected the supply of qualified judges to be very limited. Second, they viewed the Senate as a disinterested body, “standing above politics.” Of course, both assumptions quickly foundered with the rise of law schools and national political parties. And the federal judiciary attracted partisan labels as early as 1800. Judicial independence, in short, was compromised early and deeply by the failure of the framers’ guiding assumptions.

Commenters to that Law and Courts listserv also noted the effects of longer lifespans on the federal judiciary, and advocated term limits that would be long enough to shield judges from the immediacy of political repercussions (the preferred term was 18 years) to mitigate concerns over terms stretching into judicial dotage. 

Now, concerns about the state of the judiciary extend well beyond academic discussions.

It is in this context of pervasive skepticism about the quality of American courts that Cannon issued her order. In its details, it confirms and exacerbates skepticism about the idea of an apolitical bench. Even conservative commentators have flagged its sharp swerve from the normal treatment criminal suspects receive based on “irrelevant” considerations about Trump’s “reputation.” Concerns were stoked when Trump’s lawyers “went shopping” for a judge he’d appointed — rather than appear before the magistrate who’d issued the original warrant — and who’s received death threats for his pains from the former president’s supporters. And they flared further when Cannon telegraphed her intention to rule for the president who appointed her even before the Justice Department had filed any papers.

Cannon’s order, then, is troubling not just in isolation as a “deeply flawed” decision on its specific merits. It also should worry because it seems to affirm, and hence accentuate, a larger narrative of fracturing judicial independence.

Jamelle Bouie addressed the issue of a politicized judiciary in a recent New York Times essay. His recommendation echoed that of the scholars on the listserv: expand and reorganize the federal court system.

The practical reason to increase the number of courts and judges is that the country is much larger than it was in 1990, when Congress made its last expansion, adding 11 seats to the circuit court system and 61 seats to the district court system. This was modest compared with a change in 1978, when President Jimmy Carter signed the largest judiciary expansion in history, creating 150 new judgeships and expanding the entire federal bench by more than a third.

In the 32 years since 1990, the United States has grown from a population of roughly 250 million to a population of over 330 million. More people means more legal disputes, more legal disputes means more cases, more cases means more work. And the federal judiciary is swamped. Last year, the Judicial Conference of the United States, a nonpartisan policymaking body for the federal courts, recommended that Congress create 79 new judgeships across existing district and appeals courts.

Congress, and here I mean Democrats, should go further with a court expansion to rival Carter’s. They should create new circuits, new courts and new judgeships. The goal is simple: to account for growth and to deal with the problem of a cohort of hyperpartisan and ideological judges whose loyalty to Trump may outweigh their commitment to the law.

I agree. But it won’t happen if Americans don’t vote Blue No Matter Who this November.

Comments

Insights And Prescriptions

Evidently, I’m not the only person who writes more about problems than solutions–and gets criticized for it. I recently came across a column by someone named Scott Galloway that began with a similar concession.

Galloway began by acknowledging criticizism for focusing on tech, business or social problems, and not proposing solutions. “Well, guilty as charged, I suppose. But let me say two things.

First, these problems flow in part from failures of perception and awareness. My cohort of economically successful people vastly overestimates our own contribution to our success. Society has been telling us that our nice homes and fancy cars must mean we’re hard-working geniuses, and why should we argue the point? The flip side is also true. Society tells those who’ve been dealt a bad hand, who’ve never caught a break, that their failure must come from a lack of grit, an incapacity to dream big. I believe that just pulling the veil of hype that’s been laid across our unequal society is part of the solution to that inequality….

Second, to be blunt, things are really fucking bad. The dashboard of threats, from inflated asset values to irreversible climate change to armed assaults on government proceedings, is flashing red and getting worse. If I spent my entire public life pointing out the risks we face, I would never run out of material.

Those points made, Galloway also points to the ways in which America is, truly, “exceptional.” Certainly not perfect, but he acknowledges a point I have frequently made: what sets us apart is that this nation wasn’t born out of ethnicity or dynastic conquest, but  on the foundation of an ideal, what I’ve referred to in my own books as “The American Idea.”  Galloway says that fact does set us apart; “it holds a special promise. It remains a promise unfulfilled, but one I believe is within our grasp.”

He says that “we’ve gotten closest to realizing our ideals when we’ve balanced ruthless capitalism with the ballast of a strong middle class. We’ve drifted off that course” and he follows that observation with five recommendations to help us find it again. Those recommendations are: simplification of the tax code; reform of Section 230 and incarceration policy; imposition of a one-time wealth tax; and a rebranding of nuclear power.

You can read his reasoning for each of these prescriptions at the link. I have no particular dispute with any of them, although I would add–and prioritize– more civic education and support for the nation’s public schools, and a concerted effort to counter the “veil of hype” he refers to in his opening paragraphs.

So long as well-to-do and financially comfortable Americans can reassure themselves that their economic good fortune is a reflection of superior merit–that poor folks are disadvantaged because they are lazy or lack “middle-class values” and not because of structural and/or systemic social barriers they’ve encountered–we will fail to achieve the very real promise of a country that–despite all its imperfections–has aspired to an ideal of equality of opportunity.

A friend of mine used to remind me that curing disease requires both an accurate diagnosis and an appropriate prescription. An accurate diagnosis of our social ills has to go beyond the obvious manifestations–observations along the lines of “oh look, there are homeless people sleeping under that bridge.” It requires us to figure out just why those people are homeless, and why our society has failed to provide appropriate interventions.

As Galloway notes, social media currently feeds some of our more dysfunctional and harmful impulses. What is it about our legal framework that allows or incentivizes its use to convey misinformation and disinformation, and what changes to that framework are most likely to ameliorate the situation?

In other words–and in defense of those of us constantly pointing to problems that need fixing–we need to accurately diagnose the roots of our problems, and then consider what prescriptions might cure them.

But in order to come up with an accurate diagnosis, we do need civic literacy–an accurate understanding of our history and the institutions that shaped–or failed to shape–that history.

Comments

And I Had High Hopes….

When Barack Obama raised zillions of dollars from millions of small-dollar donors, I was ecstatic. It seemed to me that his success in online fundraising–fulfilling the promise of earlier efforts by Howard Dean and John McCain–would counter the outsized influence of big money donors.

After all, no public official was going to feel indebted to someone who’d sent in $20 dollars-or even $200. Campaigns would be funded by small-dollar gifts sent by regular, mostly non-ideological voters who’d decided they liked Candidate A.

How naive I was….

A guest essay in the New York Times took a look at the current, ugly status of online fundraising. Not that it will come as a shock to anyone who sent $3 or $5 dollars to a candidate only to have their inbox subsequently buried in hysterical, overwrought and frequently inaccurate appeals for money–contributions that would be matched or doubled and would allow Candidate Y to meet the onslaught of scurrilous attacks from Opponent Z.

The overwhelmingly positive narrative about the power of small-dollar online fund-raising began to congeal: Grass-roots fund-raising is pure and good. Big-dollar donations from corporate cronies are suspect. This is what democracy looks like!!!

It hasn’t exactly worked out that way. It turns out that Americans don’t just vote for certifiable nutcases and nice but clearly unelectable candidates–they also send them money.

As it turned out, grass-roots fund-raising is also what ending democracy looks like. As with any other mass movement, people-powered campaigns followed the standard Hofferian trajectory: beginning as a cause, turning into a business and becoming a racket. Our online fund-raising system is not only enriching scam artists, clogging our inboxes and inflaming the electorate; it is also empowering our politics’ most nefarious actors.

It is how Donald Trump and his cast of clueless coupsters raised nine figures to “stop the steal” that they had fabricated to try to stay in power. It is one way our most extreme candidates dominate the conversation and gain power in our political system. It has redirected money from politicians who work to find compromises that might just help people, diverting it instead to those who either have no chance to win or, worse yet, can win and want to undermine that work for their own ends. And it’s hard to imagine how we can stop it.

The author pointed to an example “of the hellscape to come.”  Remember when South Carolina congressman Joe Wilson shouted “You lie!” at President Barack Obama during an  address to a joint session of Congress?  After the Democratic-controlled Congress censured him, Mr. Wilson’s campaign team used that incivility to fundraise. The campaign “uploaded fund-raising pleas to YouTube” and bought ad space on The Drudge Report.

In just 12 days he collected more money than he’d spent during his entire previous campaign.

The lesson wasn’t lost on those who raise money for campaigns.They could raise money and gain influence without bothering to build relationships and coalitions in Washington and back home. They could bypass all that by “being jerks on the internet and calling out their voters’ enemy du jour in the most ostentatious manner they could summon.” (Josh Hawley raised $3 million after he was pictured giving a salute to the rioters about to storm the Capitol.)

It’s created a perverse incentive structure, empowering the congressional shock jocks at the expense of actual legislators. Meanwhile, a series of court decisions supercharged political fund-raising generally. The new no-limits era allowed big donors to maximize huge contributions to political committees and blasted billions in dark money through the system, continually raising the stakes of each fund-raising deadline.

The elevation of the small-dollar donor has created other nightmarish unintended consequences, however. Democratic candidates with no hope of winning are raising ungodly sums from online liberals drawn to their flashy videos and clever slams. This is particularly the case when said candidates are running against notably loathed Republicans. In 2020, this meant Jaime Harrison, the current Democratic National Committee chairman, raised a record-breaking $131 million in his campaign against Senator Lindsey Graham, despite the fact that Mr. Harrison lost by double digits and never really had a prayer….hundreds of millions of dollars are being pumped into hopeless hype candidates.

As the essay notes, it has become a race to the bottom, inflaming a party’s base voters.

Can we ever know the full effect that years of emails, texts, Facebook ads and viral Twitter ads with doom-driven fund-raising appeals have had on the average voter’s conception of the country and politics? How those stimuli may have contributed to the radicalization of their recipients, especially those who aren’t in on the joke (a nihilistic campaign politics trope in which the strategists make arguments they know are phony)?

So much for my early optimism….

Comments