The GOP (Non) Platform

Speaking of “what’s next”…..(yesterday’s subject)…

What happens when a crazed minority controls important parts of a nation’s government? I worry that we are about to find out just how much worse it can get.

A few days ago, I woke up to news that the GOP is once again competing for office solely on the basis of its ongoing culture war–that the party will not produce a platform in advance of the 2022 midterm elections. According to Heather Cox Richardson,

Senate Republicans will not issue any sort of a platform before next year’s midterm elections. At a meeting of donors and lawmakers in mid-November, Senate Minority Leader Mitch McConnell (R-KY) said that the Republican Party’s 2024 nominee would be responsible for deciding on an agenda. The Republican senators in 2022 will simply attack the Democrats.

That should have been stunning, front-page news–one of America’s two major political parties is asking for our votes based only on what it is against. 

To be fair, it isn’t that Republicans aren’t for anything; they are simply unwilling to be explicit about their obvious, albeit policy-free goal, which is to return the U.S. to the social structures of the 1950s, when women, LGBTQ individuals and people of color were second-or-third class citizens, and White, purportedly Christian males dominated.

Granted, it would be awkward for the party to articulate its actual goal, but there’s another barrier to producing a document that sets forth what today’s GOP stands for–the inability of the crazies who are now at the center of the Republican cult to form any coherent narrative, let alone agree on any specific policy agenda.

True, some of the more obvious, albeit unwritten “planks” in that abandoned platform have been part of GOP dogma for quite some time: repealing women’s reproductive rights, ensuring that every nutcase who wants a weapon can access one, ensuring that industries can misbehave–collude, pollute, spy– without the interference of that pesky government…but others are relatively new, and difficult to explicitly defend.

For example, how do you frame an argument against government’s role in protecting public health? I continue to be gobsmacked by the “freedom warriors” who are literally laying down their lives for the right to refuse a lifesaving vaccine. (Let me be clear: if they weren’t also endangering rational folks, I’d be more than happy to see them thin the ranks of the terminally stupid.)

How do you justify attacks on accurate education without admitting that your motivation is protection of White Supremacy?

Thanks are due to the Williamson County, Tennessee, chapter of Moms for Liberty for once again clarifying what the “critical race theory” (CRT) uproar is really about. We can say until we’re blue in the face that critical race theory is a graduate-level school of thought not taught in K-12 schools, and along comes an anti-CRT group to show that what they really object to is any teaching that shows that racism is or has ever been a real thing.

The group, run by a woman whose children do not attend public school, filed a complaint with the Tennessee Department of Education claiming that some texts being taught to grade-school students violate the state’s new law against teaching about “privilege” or “guilt” or “discomfort” based on race or sex. The texts? Books for second-graders including Martin Luther King, Jr. and the March on Washington and Ruby Bridges Goes to School, along with Separate is Never Equal and The Story of Ruby Bridges.

Lest you think “Moms for Liberty” isn’t racist to the core, the book they recommend to replace “Ruby Bridges” was written by one W. Cleon Skousen, a conspiracy theorist and John Birch Society supporter. It characterizes ‘black children as ‘pickaninnies’ and American slave owners as the ‘worst victims’ of slavery, and claims the Founders wanted to free the slaves but that “[m]ost of [the slaves] were woefully unprepared for a life of competitive independence.”

I could go on, but I’ll spare you.

The good news should be the fact that  GOP craziness and conspiracy-mongering are most definitely a minority phenomenon. Survey research confirms that its delusions and positions are held by a distinct minority– a lot more people than we’d like to believe, but certainly not a majority of Americans.

The bad news is that, thanks to gerrymandering and the filibuster, a wacko minority has seized far more power than a properly operating democratic system would let them wield.

In fact, if Congress cannot pass voting rights legislation, and soon, the crazies and bigots will win.

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What’s Next?

I recently had a disquieting political discussion during an otherwise lovely lunch with my youngest son.

It probably won’t shock readers of this blog to learn that our children and grandchildren are pretty political…and I’m happy to report that they all have developed what I consider to be excellent values. The differences arise from our views of America’s probable future. One son has already moved to the Netherlands, a granddaughter lives in northern England, and this son–our youngest–expects that America’s descent into autocracy and White Supremacy will prompt his children to eventually relocate as well.

Our discussion wasn’t exactly an argument, but we had very different predictions about the likely political fallout when–not if, since we agreed it will happen– the Supreme Court eviscerates or overrules Roe v. Wade. I opined that their “victory” will lead to a reduction in the passion of the pro-fetal-life movement, and energize women who have previously felt protected by Roe. My son disagreed–he sees the anti-choice zealots taking their fervor to state legislatures and–thanks to gerrymandering–tightening their red state control.

I should mention that this son is a lawyer, and a very good one. He knows how to frame and present a convincing argument….Needless to say, I left lunch depressed.

A few days after that conversation, I was a guest on a podcast called Who Gets What–the brainchild of two longtime friends, Morton Marcus and John Guy. After the recording stopped, Morton and I were talking, and he made an observation that I found both fascinating and relevant to the consequences of a reversal of Roe v. Wade.

Morton said he’d been looking for a truly objective, scholarly analysis of the multiple ways in which women’s “liberation”–the growth/emergence of women’s participation in all the “nooks and crannies” of society–has changed that society. As he noted, there’s been a lot written about the subject, but it’s mostly advocacy (pro and con), or focused on relatively small parts of the bigger picture. He’d found no analysis encompassing the truly monumental social changes triggered by the steady expansion of women’s participation in all parts of our society.

Morton’s observation is accurate, at least so far as I can tell–I’m unaware of any scholarship that addresses the entirety of the immense social changes that have occurred as a result of women’s emancipation from the confines of “barefoot and pregnant.”

However one defines the “women’s movement,” however, its power depends on reliable birth control.

Yes, we can look to history and find examples of powerful women; we can point to the suffrage movement and similar efforts to assert or enlarge women’s rights–but real change, I submit, came only with the ability of women to control our reproduction. Only then could we enter fully into workplaces (most of which no longer required brute strength), an entry that gave us another form of choice: the economic means to leave unsatisfactory marriages, or to renegotiate the terms of more agreeable ones.

There’s a reason the people who want to return the U.S. to the social structures of the 1950s are so focused on controlling women’s reproduction. (It isn’t just abortion; if you don’t believe birth control is next, I refer you to the Hobby Lobby case…)

The future of American democracy may well depend upon the extent to which American women understand the far broader implications of a loss of control over their reproductive lives. Yes, there are compelling medical, economic and psychological reasons to allow women to exercise the self-determination men take for granted. Yes, the arguments advanced by pro-fetal-life activists are inaccurate gaslighting. But if women lose control over their bodily integrity, they won’t just lose the momentum that has been building toward their full participation in American society, they’ll do a U turn.

Women’s equality will lose considerable–critical– ground.

I think that–deep down, if not consciously–activists on both sides of the issue understand that this fight is really between continuing inclusion of half the population in the life of the nation, or a return to some version of male social dominance. The question is whether the majority of non-activist women understand the actual nature of the debate, care about continuing their progress toward equal civic participation, and are sufficiently motivated to protect the hard-won improvements in women’s prospects and status.

What happens next–whether my son’s predictions or my own hopes prove accurate–ultimately depends on the answer to that question–and upon who wins those statehouses.

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Feeding The Wrong Wolf

The title of this post refers to a story usually attributed to the Cherokees (although evidently its origins are murky). Commenters to previous posts have occasionally referenced it.

An old Cherokee is teaching his grandson about life:

“A fight is going on inside me,” he said to the boy.

“It is a terrible fight and it is between two wolves. One is evil–he is anger, envy, sorrow, regret, greed, arrogance, self-pity, guilt, resentment, inferiority, lies, false pride, superiority, and ego.”

He continued, “The other is good – he is joy, peace, love, hope, serenity, humility, kindness, benevolence, empathy, generosity, truth, compassion, and faith. The same fight is going on inside you–and inside every other person, too.”

The grandson thought about it for a minute and then asked his grandfather: “Which wolf will win?”

The old Cherokee simply replied, “The one you feed.”

Like many of you, I’ve loved this parable; it reminds us that we have moral/ethical choices (no matter what psychological researchers tell us…).  What brought it to mind, rather forcefully, was an article from Politico, analyzing the business model employed by cable news channels. Apparently, their practices aren’t all that different from those employed by Facebook. And it isn’t only Fox. All of the cable networks–CNN, MSNBC, etc.– “behave more like political players — emphasizing one side while disparaging the “enemy” — than they do independent news organizations.”

By flattering the perceived political prejudices of their audiences and avoiding a story when the news becomes inconvenient to their agenda, the networks behave like vendors of political entertainment.

There’s nothing immoral or unprofessional, of course, in pursuing a partisan news agenda. There’s a long tradition of partisan, activist journalism in America, starting with the colonial era and extending to today. Abolitionists like Frederick Douglass, labor organizers like John Swinton, naturalists like John Muir and anti-corporatists like Ida Tarbell and Ralph Nader, just to name a few names from the past, reported the news through ideological lenses, and magazines like Mother Jones, Reason, and the National Review continue that practice. But these activist journalists made it apparent where their reporting was coming from. The cable networks, on the other hand, pretend, to use the old Fox slogan, to be “fair and balanced.” By attempting to have it both ways — tilting while at the same time posing as straight news — cable news tarnishes journalism’s good name and needlessly increases viewer tribalism.

I would quibble with the Politico story’s portrayal in degree–“They all do it” elides the rather obvious evidence that Fox “does it” to a far greater degree than CNN or MSNBC. (Confusing fair coverage with false equivalence really isn’t analytic rigor.) But that said, the article raises an issue that has no identifiable solution.

The problem is that, unlike the out-and-out propagandists and liars I posted about yesterday, news anchors–even on Fox– aren’t lying. (The pundits–the Tucker Carlsons and similar “personalities”– are a different matter, and it’s troubling that most viewers don’t recognize the difference between actual news and the wildly distorted commentary they are being fed.) Like all of us, news anchors and reporters can only view the world through their own eyes. Their individual lives and backgrounds inevitably form the context of what they see and report.

Yesterday, I cheered on the growing number of lawsuits against the most egregious propagandists–the individuals and websites trafficking in (sorry for the expletive) obvious bullshit.

The dilemma presented by the “slant” of the cable networks, falls into a different category. For one thing, omitting coverage of events that may be considered unpalatable or inconvenient or simply un-newsworthy isn’t technically lying, although in many cases it certainly is intellectually dishonest. For another, “spin,” intentional or unintentional, is ubiquitous–again, because we all see and filter events through our own world-views.

Saying that we all inevitably see the world through our own eyes isn’t simply another way of saying that we bring our own biases and prejudices to our news consumption. It also involves bringing such knowledge as we may have to bear, which is why I keep harping on the importance of civic education. (If your favorite “personality” is attributing the failure of Congress to pass the XYZ bill to President Biden, for example, it helps if you are aware of the GOP’s constant misuse of the filibuster and a President’s legal inability to do anything about that particular form of obstructionism–or actually, if you just understand that American Presidents aren’t kings.)

The Politico article was troubling, however, because it demonstrated one of the many, many ways in which Americans today are feeding the wrong wolf.

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Sue The SOB’s

I’ve spent a lot of time–and pixels–on what sometimes seems like an insurmountable problem: how do we stop media outlets from blatant political  lying– out-and-out propaganda– without doing irreparable harm to the Free Speech clause of the First Amendment?

The problem is everywhere.

One recent example: a site called Big League Politics reported that Nancy Pelosi purchased a $25 million-dollar oceanfront mansion on Jupiter Island “an elite community with the distinction of its residents possessing the highest per capita income of any municipality in the United States.” Rightwing sites eagerly circulated the report, which actual reporters found to be demonstrably, patently false.

What to do? I’m beginning to think the answer is “sue their socks off!”

According to last Thursday’s New York Times,

Two Georgia election workers who were the targets of a right-wing campaign that falsely claimed they manipulated ballots filed a defamation lawsuit on Thursday against one of the nation’s leading sources of pro-Trump misinformation.

The suit against the right-wing conspiratorial website The Gateway Pundit was filed by Ruby Freeman and her daughter, Shaye Moss, both of whom processed ballots in Atlanta during the 2020 election for the Fulton County elections board. It follows a series of defamation claims filed by elections equipment operators against conservative television operators such as Fox News, Newsmax and One America News.

The allegations had been thoroughly investigated and found to be false, but that didn’t stop the pro-Trump disinformation campaign.The women received death threats and unending harassment from phone calls and text messages. Ms. Freeman and Ms. Moss, both of whom are Black, were also subjected to racial slurs.

A far more high-profile series of lawsuits has been filed by manufacturers of election technology.  Dominion Voting Systems has filed defamation lawsuits against Sidney Powell and Rudy Giuliani and against MyPillow CEO Mike Lindell. A federal judge recently ruled that those lawsuits can proceed. The court gave short shrift to claims that the defendants didn’t defame Dominion with their discredited allegations that the company was involved in election fraud that delivered the presidential election to Joe Biden.

Powell and Lindell claimed during a June hearing they could not be sued for defamation because they stood by their fraud claims and Dominion could not prove they made the allegations with “actual malice” knowing that they were false.

The judge noted that the claims were sufficiently fanciful that they demonstrated either knowing falsity or “reckless disregard for the truth”and said “a reasonable juror could conclude” Lindell’s claims of a “vast international conspiracy that is ignored by the government but proven by a spreadsheet on an internet blog is so inherently improbable that only a reckless man would believe it.”

The complaint filed by the two women suing The Gateway Pundit and other right-wing outlets did not specify a dollar amount that would compensate them, but Dominion is asking for billions of dollars in damages. In addition to the defendants listed above, it has also sued Fox News, Newsmax, One America News and former Overstock CEO Patrick Byrne.

Smartmatic, another election machine provider, has filed several suits as well.

The First Amendment protects citizens against government censorship. It does not protect purveyors of out-and-out lies from lawsuits charging libel or slander. And those lawsuits can be effective, as the New York Times reported in February.

In just a few weeks, lawsuits and legal threats from a pair of obscure election technology companies have achieved what years of advertising boycotts, public pressure campaigns and liberal outrage could not: curbing the flow of misinformation in right-wing media.

Fox Business canceled its highest rated show, “Lou Dobbs Tonight,” on Friday after its host was sued as part of a $2.7 billion defamation lawsuit. On Tuesday, the pro-Trump cable channel Newsmax cut off a guest’s rant about rigged voting machines. Fox News, which seldom bows to critics, has run fact-checking segments to debunk its own anchors’ false claims about electoral fraud.

These lawsuits hit propagandists where it counts–in their pocketbooks. Fox News had to pay millions last year to the family of a murdered Democratic National Committee staff member that Fox hosts had falsely accused of leaking emails to WikiLeaks.

Can the tactic be abused? Absolutely–just look at Donald Trump, who  routinely sued anyone who reported on him negatively. Defending against even spurious claims can be expensive; I don’t want to minimize the downside.

That said, I agree with Roberta Kaplan.

This shouldn’t be the way to govern speech in our country,” Ms. Kaplan said. “It’s not an efficient or productive way to promote truth-telling or quality journalistic standards through litigating in court. But I think it’s gotten to the point where the problem is so bad right now there’s virtually no other way to do it.”

Sue the liars.

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If We Can’t Get Rid Of It, Reform It

One of the very few things in today’s political environment that is abundantly clear is the critical need to pass election reform. We need federal legislation to outlaw gerrymandering and a variety of vote suppression tactics, to make it easier rather than more difficult to vote, and to restore trust in the maxim “one person, one vote.”

The only impediment to that critical necessity is the continued existence of the current form of the filibuster, which has made a mockery of majority rule. As everyone reading this blog knows, the way in which the filibuster now works requires any measure to be passed by super-majority.  Wedded to Republican nihilism, It has brought the business of government to a standstill.

As a recent article from The Brookings Institute noted, the Senate’s ability to pass pending voting rights legislation–which is favored by large majorities of Americans and even by majorities in both houses of Congress–is the filibuster.

I have previously shared the filibuster’s relevant history, but let me repeat it.

Originally, the use of the filibuster was based on a recognition 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. The first change came In 1917, when filibustering Senators threatened President Wilson’s ability to respond to a perceived military threat.  The Senate responded by adopting a mechanism called cloture, allowing a super-majority vote to end a filibuster.

In 1975, the Senate again changed the rules; this time, the change made 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.

With Senators like Manchin  (aka McConnell’s favorite Democrat) defending the filibuster, eliminating it is probably not an option. But even Manchin has displayed an openness to revising it. In the Brookings  article linked above, the authors share a number of proposals for amending the process, and consider the pros and cons of each. They look at a variety of ideas: reducing the number of senators needed to open debate in the face of a filibuster; requiring the objectors to be present with one of their number speaking at all times during a filibuster; and shifting the burden to those mounting the filibuster–making them muster the votes required to maintain the filibuster whenever it’s challenged, instead of enlisting the 60 who wish to proceed to so vote.

Whatever the merits of these proposals–and I definitely like the one requiring these obstructionists to stay on the Senate floor and bluster throughout–I especially like the paper’s final suggestion–to carve out an exception for voting rights, modeled on the exception that already exists for fiscal measures:

In Part III, we advocate for one additional option that the authors have previously written about, and that has been getting some significant proponents of late. We term that approach “democracy reconciliation.” It is based upon the existing practice of budget reconciliation, which allows certain fiscal measures to have an up-or-down simple majority vote. As we explain, we would craft a similar exception for voting measures, allowing them a similar opportunity to be voted upon by a majority. Reconciliation operates on a key principle known as the Byrd Rule, named after the late West Virginia Senator Robert Byrd. Because the current fate of the filibuster swirls around his successor, Senator Manchin, one may refer to this hoped-for new compromise of democracy reconciliation as “the Byrd-Manchin” Rule.

Name it anything–just get it done. Quickly.

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