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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Some People Shouldn’t Be Parents

Not long after I joined the faculty at IUPUI’s School of Public and  Environmental Affairs (now the O’Neill School), I had a student whose answer to virtually every thorny policy issue we discussed was the same: license people before allowing them to become parents.

This was in an upper-level undergraduate class in Law and Public Policy, and the student’s “day job” was as a probation officer. (Like a significant percentage of undergraduate students at IUPUI back then, he was older than traditional college students, and had a full-time job.) Each time, I would patiently explain why the Bill of Rights prevents government from making so personal a life choice for individual citizens, and he would respond to the effect that such a constraint was unfortunate, because he saw the results of bad or inadequate parenting on a daily basis.

As I reflect on those discussions, I’ve concluded that we were both right.

It should be obvious that the decision whether to procreate is not a decision that government in a free society can or should make. (Speaking of obvious–someone needs to  forcefully remind six Justices on our current, politicized Supreme Court just why liberty requires procreation decisions to be left to the individuals involved .) But my student wasn’t wrong when he pointed out that some people simply should not be parents.

I thought about that student, and those long-ago discussions he initiated, when I read reports about the utterly unfathomable conduct of the parents of Ethan Crumbly, the young man who killed four classmates and wounded seven others in Michigan. Per CNN, we learned that the parents have been charged along with their son after they failed to appear for their arraignment, withdrew 4,0000 from an ATM, and hid out in a warehouse some 40 miles from their home in an apparent effort to flee.

The judge has set their bail at 500,000 each.

Parents of a school shooter are almost never charged, even when their negligent storage of weapons is implicated in a shooting. But these parents are–as my students might put it–something else.

Oakland County Prosecutor Karen McDonald has alleged that James Crumbley on November 26 bought the gun at a store in Oxford, and that the parents gave the weapon to their son as an early Christmas present.

During Saturday’s arraignment, McDonald said, “It’s … clear from the facts that (Ethan Crumbley) had total access to this weapon,” and that the parents “didn’t secure (the gun) and they allowed him free access to it.”…Shortly after James Crumbley bought the gun November 26, his son posted a picture of a gun on an Instagram account and captioned it, “Just got my new beauty today. SIG SAUER 9mm” with a heart-eyes emoji, McDonald said.

If the parental culpability had stopped with the purchase and  grant of access, I doubt they’d have been charged, but their jaw-dropping behaviors went far beyond stupidity and negligence. Jennifer Crumbley  posted about the gun on social media, calling it “his new Christmas present,” and took her son to a shooting range the weekend before the school shooting. When a teacher discovered Ethan searching for ammunition on his phone–the day before the shooting– and reported it to school officials, the mother not only didn’t respond when those officials called her, but sent a text message to her son saying, “LOL I’m not mad at you. You have to learn not to get caught.”  

On the day of the shooting , a different teacher became alarmed by pictures Ethan had drawn showing bullets, a bloody body, and a laughing emoji–along with alarming text.

The parents were called for a meeting in the school with a counselor and their son, who by that time had altered the illustration “by scratching out the drawings of the gun and bloody figure, along with the words, according to McDonald.”

The parents refused to take their son out of the school, and he was allowed back to class.

Other media outlets have reported that school officials strongly recommended that the parents obtain immediate psychological counseling for Ethan, but the parents appeared to dismiss that recommendation.

Later in that day–the same day his parents had refused to take him home– Ethan Crumbley “opened fire outside a bathroom, aiming at students in the hallway as well as those who were hiding in classrooms.” He killed four students and injured seven.

Maybe my long-ago student was right when he opined that some individuals shouldn’t be parents.  Since the Supreme Court appears ready to give government the right to require parenthood, maybe the Justices should stop cloaking that decision in rhetoric about fetal personhood, and just hold that government can decide who gets to procreate.

After all, the government with power to tell people they can’t abort can also tell them they must…

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Defining Privilege

Let me begin this discussion by admitting that communication is hard. Words mean different things to different people in different contexts, which is why consultants like Frank Luntz have made lots of money teaching Republicans to use phrases like “Death tax” rather than the demonstrably more accurate “estate tax.” (What the government is taxing, after all, is the estate–the assets left by the decedent–not the death.)

Understanding the power of language both to illuminate and confuse helps us recognize the problem with clumsy and misleading slogans (i.e. “defund the police.”)  There are also terms, however, that are arguably appropriate and/or accurate, but that nevertheless raise the hackles of folks who  (intentionally or unintentionally) interpret them differently.

One of those is  “privilege.” White privilege. Male privilege.

Evidently, a lot of people hear the word “privilege” and assume it refers to luxury, or at least ease. What it actually is intended to convey is the absence of a barrier–White people don’t get followed around in shops by clerks convinced that Black people are likely to be shoplifters; men don’t face “casting couch” situations when they apply for jobs. They have the “privilege” of being judged on the basis of relevant credentials and behaviors.

I’m not sure what other word we might use to convey that absence of added burdens.

The Indianapolis Business Journal recently ran a column by Tom Gallagher that struck me as a perfect example of White privilege. It was about redlining.

Gallagher explained that, in the 1930s, the Federal Home Loan Bank Board and its operational arm, the Home Owners’ Loan Corp., were established to stabilize the real estate market as the Great Depression was ending.

They are also responsible for creating the maps that ultimately gave the discriminatory practice of redlining its name.

To encourage “responsible” lending practices, working with local real estate professionals, financiers and appraisers in communities across the nation of more than 40,000 people, Home Owners’ Loan Corp. created color-coded reference maps investors could use as a standard to determine the “security” of their investments. Based on their assessments, the “best” neighborhoods were graded “A” (in green). “B” (in blue) were “still desirable” and those given a “C” were considered “definitely declining” (in yellow). The neighborhoods given the lowest grade of “D” were regarded as “hazardous” and were, of course, colored in red.

The idea of a locally based, data-informed basis for decision-making was a good one. The problem arose in the values applied to the assessments. There was a clear bias toward newer and more spacious development, for example. Most shocking was that the residents were being graded, perhaps more than the real estate itself, not in terms of their credit value or economic viability but in terms of the “kind of people” they were. The Mapping Inequality project points out, “HOLC assumed and insisted that the residency of African Americans and immigrants, as well as working-class whites, compromised the values of homes and the security of mortgages.” To be sure, the maps didn’t create prejudice, but they did codify and normalize it.

As Gallagher and many others point out, the practice of redlining resulted in a “systematic and fundamental restructuring of our cities to favor the privileged and divert opportunities for wealth from those deemed unworthy.” It has had a lasting effect on the health and wealth of communities of color.

The Brookings Institution dubbed those effects the “destructive three “Ds.”

Black neighborhoods are denied the opportunity to build wealth through housing (which is the predominant mechanism through which White folks amass assets); they experience the systemic devaluation of their existing assets (both residential and business/commercial properties); and thanks to the results of redlining, banks frequently deny loans, which  leads to disinvestment that undermines efforts to arrest and reverse decline.

To those three “Ds,” Gallagher adds two others:  asset devaluation, which leads to a drop in prices and allows outside investors to step in, acquire property “on the cheap” and displace long-term residents and small businesses.

It seems accurate to describe those of us who don’t have to deal with the consequences of those racially discriminatory policies as privileged.

It also seems appropriate to note that redlining and its persistent after-effects are an excellent example of what we mean when we talk about structural/systemic racism–one of the “built into the law” systems that are the focus of  Critical Race Theory studied by law professors.

I don’t know whether Frank Luntz or one of his clones is responsible for turning that example of relatively arcane graduate-school study into a phrase meaning “hey, White people, ‘they’ are coming for you..,” but Republicans do have a genius for turning descriptive words into weapons.

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Why We Need Journalism

Given the tensions in the wake of the Kyle Rittenhouse trial, it was a relief to receive news of the  guilty verdicts in the Ahmaud Arbery trial. Those verdicts owed much to a vastly more competent prosecution–and there has been widespread recognition of that fact and praise for that prosecutor.

What is far less widely recognized and celebrated, however, is that the trial wouldn’t even have occurred had it not been for a local reporter.

Larry Hobbs is the crime beat reporter at the Brunswick News, and he covered the initial story, which was pretty bare-bones. He got his information from the local police:: a burglary suspect had been shot and killed in Satilla Shores, a subdivision outside Brunswick, Ga.

The next day, a Monday, Hobbs managed to get Arbery’s name from the coroner and included it and a few more lines in a followup story. Then he wrote about the close involvement of district attorney’s office investigators in examining what happened, and about official silence on whether the incident was being investigated as a possible homicide or case of self defense. Those were the first of many stories Hobbs would write about the shooting on Satilla Drive in February 2020, an event that would go on to seize national attention. He fit that work between other daily news, his column and a crime blotter he writes….

Hobbs’ reporting ultimately played a major role in getting larger news outlets—and eventually civil rights groups and state law-enforcement agencies—interested in digging into what had happened. Hobbs and his many questions produced work that, while he himself admits it wasn’t always perfect, served a critical need. Now, almost two years later, with Travis McMichael, Gregory McMichael and William “Roddie” Bryan having been convicted of murder and other charges, the weight of that role is clearer than ever, and at a moment when the future of local news reporters and newspapers is in jeopardy.

If Hobbs hadn’t been part of a local newspaper covering local news–if he hadn’t been “doing journalism”– the original prosecutor’s conflict of interest and actions covering for the McMichaels might never have come to light. When we talk about the “watchdog function” of journalism, this is what we are talking about.

As the Washington Post Magazine wrote last week in a special issue,

The state of local journalism is widely, and correctly, understood to be grim. About 2,200 local print newspapers have closed since 2005, and the number of newspaper journalists fell by more than half between 2008 and 2020. In many places where papers still exist, a lack of resources prevents them from reporting thoroughly on issues vital to the community — issues like public safety, education and local politics.

Yet what is missing from these raw facts — depressing as they sound in the abstract — is a detailed sense of what, exactly, is being lost: the local controversies, wrongdoings and human-interest tales that are severely underreported or entirely untold.

The Post devoted the entirety of its Sunday magazine to stories that had been under-reported–or in several cases, not reported at all. (Some had been previously covered by outlets that are trying desperately to preserve a market for local journalism against long odds;  others were reports that were seeing the light of day for the first time.) All of them deserved “more space, scrutiny and attention than they have previously received.”

I have previously posted about the continuing loss of journalism. Those of us bemoaning that loss are not talking about the loss of newsprint–the loss of physical paper. That is immaterial. We are talking about the loss of journalism, which can certainly be delivered digitally. As the Post reminded readers, in the last 15 years, a quarter of U.S. local newspapers have ceased publishing. Not just ceased producing newsprint–ceased publication. “By 2020, out of the 3,000-plus U.S. counties, half had just one local newspaper of any kind. Only a third had a daily newspaper. Over 200 counties had no newspaper whatsoever.”

And that doesn’t even count the places like Indianapolis that do, theoretically, still have a newspaper–places where corporate ownership (in our case, Gannett) has decimated staff and eviscerated coverage, leaving communities with what are called “ghost” papers.

The Post used its special issue to remind readers that we don’t know what we don’t know–and a lot of what we don’t know is important.

When we lose local journalism, we lose a fabric that holds together communities; we lose crucial information that allows democracy to function; and at the most basic level, we lose stories that need to be told.

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The Court

The newly engineered Supreme Court will soon decide two abortion-rights cases: Texas’ empowerment of “pro-life” vigilantes, and a more threatening case from Mississippi that was argued this week.

When I describe today’s Court as “engineered,” I am referring to the brazenly unethical behavior of Mitch McConnell, who ensured the appointment of far-right Associate Justice Amy Coney Barrett. Barrett, of course, joined five other conservative Justices, and probably guaranteed that Roe will be overturned or eviscerated.

What then?

According to the Guttmacher Institute,  extrapolating from 2014 statistics, one in four (24%) American women has had an abortion by age 45, despite the considerable barriers to the procedure that have been erected in some half of U.S. states. Fifty-nine percent of them were obtained by patients who had previously had at least one child, and 51% had been using a contraceptive method in the month they became pregnant.

As the country fractures and the Supreme Court drifts farther from any observable understanding of the environment within which it issues its decisions, I’m reminded of a column by Linda Greenhouse, in which she considered the legacy and evolution of Sandra Day O’Connor, the first woman to sit on the country’s highest court. Among other things, Greenhouse noted the deep friendship between O’Connor and Justice Stephen Breyer.

From the outside, it seemed an unlikely pairing, two people from opposing political parties with such different backgrounds, public personas and career paths. But they shared a deep concern about the practical effect of the court’s decisions.

When it comes to reproductive rights, those “practical effects” are likely to be dire. A recent study published in the Annals of Internal Medicine found that–in addition to financial and emotional problems–women who had been denied abortions experienced long-term health problems.

There’s a good deal of research that shows, in the short term, having an abortion is much safer than childbirth, but there isn’t much research over the long-term,” says study co-author Lauren Ralph, an assistant professor of obstetrics, gynecology and reproductive sciences at the University of California, San Francisco. “Our study demonstrates that having an abortion is not detrimental to women’s health, but being denied access to a wanted one likely is.”

According to the study, women who were denied abortions “consistently” faced worse health outcomes than those who weren’t. “The findings were consistent with a raft of other studies highlighting some of the most serious consequences women face when government restricts women’s access to abortion.

It isn’t only women who face adverse consequences from that denial.

The discourse around abortion tends to focus on women and generally fails to consider how being denied an abortion affects the children a pregnant woman already has and those she may have in the future. The research is clear: Restricting access to abortion doesn’t just harm women — it harms their children as well…Our study shows that denying a woman a wanted abortion has a negative impact on her life and the lives of her children.

A University of Colorado study found that banning abortion nationwide would lead to a 21% increase in the number of pregnancy-related deaths overall and a 33% increase among Black women.

None of these consequences bother the zealots who are “pro fetal life.” (They certainly aren’t “pro” the life and health of women–or concerned about the wellbeing of children once they’re born.) They are willing to ignore two undeniable facts: (1) as the American College of Obstetricians and Gynecologists insists, access to abortion is an important part of women’s health care; and (2) outlawing the procedure will not end abortions. It will simply end medically safe abortions for women who cannot afford to travel to states where the procedure is legal.

Beyond those “practical effects” is the undeniable message that is sent when government intrudes on intimate moral decisions properly left to individual citizens. As Michelle Goldberg recently wrote,

As the feminist Ellen Willis once put it, the central question in the abortion debate is not whether a fetus is a person, but whether a woman is. People, in our society, generally do not have their bodies appropriated by the state.

I realize that none of the documented practical effects of gutting Roe v. Wade will persuade the minority of Americans who think they have the right to impose their religious (or misogynist) beliefs on the clear majority that doesn’t share them, or the politicians who continue to use the issue to motivate their voters (while not-infrequently pressuring their mistresses to abort accidental pregnancies).

I do wonder, however: what will a “victory” for pro-fetal-life activists mean politically? How many of the substantial number of women who have had abortions–and the partners and family members who helped them make that decision– will respond by becoming the new “single-issue” voters?

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