Stop The World, Indiana Wants To Get Off

I have posted before about the Indiana Legislature’s rear-guard effort to protect the increasingly obsolescent coal industry.

Earlier this year, the General Assembly passed a bill preventing Indiana utilities from switching from coal to cleaner, cheaper energy. The bill effectively blocked utilities in Indiana from closing any coal-fired power plant unless the closure had been mandated by the Trump administration – something that would never happen, given Trump’s repeated–and increasingly empty– promises to “bring back coal.”

The bill did contain one exception: a coal plant could be closed if the utility owning it could “prove” to state utility commissioners that it would be in the public interest. Even that  exception was framed to provide coal companies opposed to the closure a mechanism to drag the issue through the Indiana Utility Regulatory Commission and the courts. That would cost utilities and ratepayers huge sums of money and further delay the transition to renewable energy sources like wind and solar.

Indiana thus joined the rearguard action against the market forces that are making renewables and natural gas cheaper than coal. (So much for the vaunted Republican respect for the market.). A Democratic legislator memorably offered a snarky amendment to the bill that would have protected whale oil, too.

The state did convene a commission to study the situation, and that body has now issued its recommendations.

According to the IBJ,

Seven months after Indiana lawmakers passed a bill prohibiting utilities from shutting down coal-fired power plants before May 2021, a state energy task force is considering a sweeping array of measures that seem to favor existing large-scale utilities, many of which still burn coal, over providers of renewable energy.

The Indiana 21st Century Energy Policy Development Task Force, which was set up to guide lawmakers in crafting a long-term energy plan, released draft recommendations Wednesday after months of testimony.

Consumer advocates and environmental groups both sharply criticized the draft recommendations, charging that they would extend the life of coal plants and delay Indiana’s transition to renewable energy.

The draft didn’t include any recommendations on energy efficiency, net metering or on-site generation.

“The Task Force should resoundingly reject this draft report,” said Kerwin Olson, executive director of Citizens Action Coalition of Indiana. “It completely ignores substantial testimony given throughout the process and dismisses the current business plans Indiana utilities already have on file.”

A longer article from the Indianapolis Star included criticisms from the academic members of the commission and others who were especially concerned with the substantial areas of vagueness in the recommendations.

The vote to accept the draft report broke down along partisan lines, with the Democrats voting against and the Republicans voting to accept the draft.

It is notable that the Chair of the Commission, Ed Soliday, was the author of the above-referenced bill slowing the transition from coal (the “save whale oil” bill). Citizens Action Coalition, among others, gives him poor marks for consumer protection, and Follow the Money lists substantial contributions he has received from utilities, coal, mining, oil, natural gas, steel, and environmental services & equipment. 

Welcome to Indiana.

A historian friend of mine once characterized Indiana’s political culture as “quid pro quo.” Another friend–the late and much-lamented NUVO editor Harrison Ullmann– called the Indiana General Assembly “the world’s worst legislature.” (In all fairness, he didn’t live to see the U.S. Senate under the control of the vile Mitch McConnell.) It’s no wonder we share the distinction of being one of the 10 least environmentally friendly states with the likes of Kentucky and West Virginia.

But then, we rank near the bottom on all sorts of indices. Health, education, quality of life. And thanks to gerrymandering, those “good ole boys” who exemplify Indiana’s “quid pro quo” political culture fully intend to keep it that way.

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Church As State

One of the electronic publications I receive regularly is Sightings, a newsletter founded by Martin Marty and issued by the Divinity School at the University of Chicago. (Since it is a newsletter, I don’t have a link.) The publication comments on the role of religion in contemporary society, usually in the form of an essay by one of the Divinity School’s scholars.

A recent commentary began with a reference to a 1940 memorandum by a Dutch Protestant ecumenist named Willem Visser‘t Hooft, titled “The Ecumenical Church and the International Situation.” Visser’t Hooft warned that  a “new ideological battle” was unfolding across the western world, “waged by proponents of the ‘new religions’ of ethno-nationalism and fascism.” He worried that when the war ended, “the real difficulty will be to find any basis for collaboration between peoples who no longer share any common standards, and who no longer speak the same spiritual language.”

Visser’t Hooft was on to something: the post-war world continues to grapple with that lack of a common “spiritual” or ideological language, and with the nationalistic “religions” he identified and aptly characterized as politicized distortions of Christianity.

Adherents of these movements claimed to be the true Christians who were defending “traditional” Christianity against the existential threats of liberalism, modernity and internationalism (usually embodied in their fevered imagination by “the Jews.”) One scholar of the era described Nazism as “an ethno-nationalist renewal movement on a Christian, moral foundation.”

It wasn’t only in Europe. As the Sightings essay reminded us, the Nazis and fascists had kindred spirits in the United States.

There was a revival of the Ku Klux Klan during the 1920s, and the number of Christian right-wing groups surged after 1933. During the 1930s the Nazi regime even sent its Christian supporters on speaking tours to American churches. While Christian nationalism was surging in interwar Europe, American Protestantism was in the throes of the fundamentalism wars, the Scopes trial, and the Temperance movement. And on both sides of the Atlantic, progressive religious movements arose to combat them, including liberal Protestant ecumenism and the emerging interfaith movement.

The author of the essay noted that the United States’ current culture wars are a continuation of that fight.

Religion wasn’t–and isn’t– the only cause of political division, but it was–and is– a significant contributor. The author of the essay says there are two important lessons to be learned from the relevant history: first, “the deadliest failures of Christianity (like the Inquisition, the Crusades, and the complicity of Christian churches with National Socialism and the Holocaust) derive from the fatal alliance of faith and political power.”

In addition to the crimes facilitated by such alliances, they inevitably destroy the integrity and witness of the church.. 

The second lesson is that the foundation for recovering “common standards” and speaking the “same spiritual language” must be a civic process, not a religious one.

As I read this very thought-provoking essay, I thought back to a conclusion I had come to back in the days of the Cold War, when “godless Communism” was a genuine threat both to the West and to human liberty. Belief in that system, I concluded, was a religion, if you define religion as an overarching belief system that delivers both “answers” to the ambiguities of life and prescriptions for human behavior.

Many years later, I read–and was persuaded by–Robert Bellah’s theory of civic religion, a secular allegiance to certain fundamental beliefs, values, holidays, and rituals, drawn in the United States from the Declaration of Independence, the  Constitution and Bill of Rights. That “civic religion” can serve as an umbrella set of beliefs, not displacing but bridging the myriad religions or other “isms” held by individual citizens in our polyglot society, and acting as a common language and set of behavioral/social/political norms.

Of course, allegiance to the ideals of those civic documents requires a common knowledge of their contents and a common understanding of the context within which they were developed. When civic literacy is rare, and especially when citizens are unaware of the compelling reasons for keeping church and state separate, we risk replaying the most horrific chapters of human history.

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Libraries

On yet another pandemic Sunday, I want to talk about anything but Trump and the transition. So…

At some point in history class, most of us learned about the fire that destroyed the library in Alexandria–a structure supposedly filled with all of the knowledge that humans had acquired by that point.

A few days ago, I came across an intriguing article about that story. Evidently, the great fire was mostly a legend–but the events that did lead to that monumental loss should stand as an even more significant warning about the dangers of anti-intellectualism.

The article began by quoting from Carl Sagan’s retelling of the conflagration that (legend tells us) destroyed the knowledge that had been acquired in the ancient world, all of which was thought to be within the library’s marble walls. Sagan warned that destruction of the library should be seen as a caution to those of us who are living some 1,600 years later.

Sagan stood in a line of writers who, for the last two or three hundred years, have made the word Alexandria conjure up not a place—a city in Egypt—but an image of a burning library. The term Alexandria has become shorthand for the triumph of ignorance over the very essence of civilization.

The article set out what historians do and don’t know about the actual library and its destruction. Although there are competing theories, it is most likely that the library met its end gradually–not in one big blaze, but over years and decades of neglect and growing ignorance. Although it is probable that there were fires during those years, accounting for the loss of many books, the “institution of the library” was destroyed more gradually– through organizational neglect and the growing obsolescence of the papyrus scrolls themselves.

And therein lies the real moral of the story.

Alexandria is, in that telling, a cautionary tale of the danger of creeping decline, through the underfunding, low prioritization and general disregard for the institutions that preserve and share knowledge: libraries and archives. Today, we must remember that war is not the only way an Alexandria can be destroyed.

The long history of attacks on knowledge includes not just deliberate violence—during the Holocaust or China’s Cultural Revolution, for example—but also the wilful deprioritization of support for these institutions, which we are witnessing in Western societies today. The impact that these various acts of destruction of libraries and archives has had on communities and on society as a whole is profound. Communities in places like Iraq and Mali have seen Islamic extremists target libraries for attack, and in the U.K. over the past decade, more than 800 public libraries have closed through lack of support from local Government.

The movement of human archives to internet servers (or the Web or the Cloud or other digital storage venues) has been just one of the numerous dislocations we humans are experiencing in our bumpy transition to a digital age. As various legislative bodies wrestle with the issues presented by that transition and by the emergence and dominance of huge digital enterprises, the protection of knowledge–and the ability to distinguish knowledge from disinformation, fantasy and conspiracy theory–has to be a primary goal.

Libraries and librarians are immensely more important guardians of that goal than Google.

Neglect of libraries is part and parcel what Isaac Asimov called the “cult of ignorance,” a phenomenon that we see in contemporary dismissals of expertise as “elitism”and the cyclical eruptions of anti-intellectualism in the United States. Asimov’s famous quote probably says it best:

There is a cult of ignorance in the United States, and there always has been. The strain of anti-intellectualism has been a constant thread winding its way through our political and cultural life, nurtured by the false notion that democracy means that “my ignorance is just as good as your knowledge.”

If the story of Alexandria stands for anything, it’s the importance of libraries–national and local. Those libraries are our gatekeepers, safeguarding our ability to access practical information as well as hard-won wisdom that has been built up over centuries. If we fail to adequately fund, maintain and protect them, we will suffer a setback not unlike the years following the legendary loss of the Library at Alexandria.

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Skinning That Cat

There’s an old adage to the effect that there is more than one way to skin a cat. I thought about that when I read a recent opinion column in the New York Times, focusing on Mitch McConnell’s packing of the federal bench with rightwing judges.

The article began by acknowledging that McConnell and Trump–enabled by their allies in the Senate– have packed the federal courts with more than 200 conservative judges over the last four years. Their remaking of the federal judiciary includes three Supreme Court justices, and is part and parcel of the rightwing effort to achieve what it could never manage to achieve through legislation– “including eliminating health care for millions and undermining what remains of the Voting Rights Act.”

The authors of the essay remind readers that we are not entirely helpless in the face of this ideological takeover; they advocate taking a page from the conservatives and forging “a new form of progressive federalism.” 

First, state elected officials must be ready to respond quickly to, or act in advance of, rulings from the Supreme Court. If, for example, the Affordable Care Act is weakened or struck down, Democratic state legislatures should have bills drafted to introduce that day to protect people who will lose coverage. And officials must act now to protect and expand access to reproductive health care — especially for poor women and women of color — given the clear threat to Roe v. Wade.

Are excessively business-friendly federal courts making it easier for companies to pollute? Harder for government agencies to address racism? Progressive states can pass policies “to patch holes ripped open” by those courts.

if the Supreme Court further constrains the Consumer Financial Protection Bureau, states can go after corporations for violations of state securities and consumer protection statutes. If the court adopts cramped readings of federal environmental statutes, state regulators must use their tools to go after the country’s largest polluters. And if the court continues to undermine federal bribery laws, state attorneys general can bring corrupt politicians to justice under state criminal law.

What about states like Indiana, deep red and highly unlikely to follow that prescription? In those states, progressive advocacy groups and lawyers outside government can bring lawsuits to enforce rights protected by state constitutions. When I was Executive Director of Indiana’s ACLU, our affiliate brought such suits, and several were successful. And in the early days of the gay rights movement, organizations like Lambda Legal and the ACLU achieved state-by-state victories that ultimately helped change a nationally homophobic legal environment.

Recently, Nevada became the first state in the country to officially protect same-sex marriage in its Constitution. As the essay reminds us, several states have refused to allow their police take part in the federal government’s immigration crackdown. States

can rely on conservative decisions that promote state independence from the heavy hand of Washington. The very jurisprudential tools that make it harder for Washington to achieve progressive aims can empower states to do so instead.

Ironically, the same federalism that facilitated slavery and Jim Crow under the veil of “states’ rights” can be turned to progressive ends.

It’s slower and will take more work, but there’s more than one way to skin that cat.

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Middle Schoolers Solve Gerrymandering!

One of the many structural problems that prevents America from experiencing genuine democratic accountability is gerrymandering. Those of you who have been reading this blog for more than a few months will have encountered my frequent posts describing the multitude of ways that partisan redistricting–aka gerrymandering–distorts election results and operates to suppress citizen participation.

Over the years, the Supreme Court’s majority has declined to find partisan redistricting unconstitutional or even justiciable–piously labeling it a “political question.” One of the Court’s excuses was the unavailability of reliable tests to determine whether a vote margin was the result of a gerrymander or simply a reflection of majority sentiment. Even after tests were developed that proved their accuracy to the satisfaction of lower courts,  the Supreme Court declined to rule against the practice, reinforcing the widespread conclusion that the Justices’ decisions were impelled more by ideology than an inability to determine whether gerrymandering had occurred.

Now, according to a fascinating article from Forbes,  a group of middle-school children has demonstrated the ability to separate the wheat from the chaff–or in this case, the gerrymander from political enthusiasm.

The article began by noting that the practice of gerrymandering is used to “dilute the voting power of certain constituents, minorities, and other groups.” (In the felicitous phrase coined by Common Cause, gerrymandering is the process that allows legislators to choose their voters, rather than the other way around.)

As the subject of their science research project, three middle school students from Niskayuna, New York, decided to take on this serious issue. In their work, Kai Vernooy, James Lian, and Arin Khare devised a way to measure the amount of gerrymandering in each state and created a mathematical algorithm that could draw fair and balanced district boundaries. The results of the project were submitted to Broadcom MASTERS, the nation’s leading middle school STEM competition run by the Society for Science & the Public, where Vernooy, 14, won the Marconi/Samueli Award for Innovation and a $10,000 prize.

These middle schoolers, who are too young to vote, decided to use scientific research to solve the problem of identifying when a redistricting map was the product of a gerrymander. They came up with a method of identifying political communities and regions of like-minded voters, then grouped those communities together to form precincts.

Each precinct was adjusted to include a compact or circle-like shape, a similar population size and a similar partisanship ratio. The result was a simple representation of where groups of like-minded voters live in each state.

These precincts were then compared to actual voting districts within the state. The comparison shows the percentage of people that are in the precinct but not the district, therefore illuminating the number of people that the district fails to represent. Using this method, they were able to give each state a gerrymandering score.

The article included color-coded maps illustrating the process the middle-schoolers devised. It ended with the pious hope that “the right people” would take note.

The article should serve to remind us that there are solutions even to seemingly intractable structural problems. The disinclination of the Court and Congress to actually implement those solutions is a different kind of reminder.

That disinclination reminds us that the people who benefit from cheating are unlikely to be interested in stopping the practice.

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