Checks And Balances

There’s a reason Donald Trump has been focused on the selection and seating of highly partisan judges with little to no judicial experience. When he is sued over his autocratic actions, and the cases are heard by competent judges currently on the bench, he loses. Bigly.

The courts are part of that “checks and balances” thing the Founders were so hung up on.

The Washington Post considered Trump’s “win-loss” ratio, and Ed Brayton (Dispatches from the Culture Wars) commented on the report.

The Washington Post looks at the track record of legal challenges to Donald Trump’s policies, especially in regard to changing Obama-era regulations and issuing executive orders, and finds that he’s losing those cases in court at an astonishing, but predictable, rate.

It’s clear from the Post’s report that Trump and his cabinet of incompetents lost a number of cases simply because they ignored relevant laws prescribing the process that had to be followed.

Federal judges have ruled against the Trump administration at least 63 times over the past two years, an extraordinary record of legal defeat that has stymied large parts of the president’s agenda on the environment, immigration and other matters.

In case after case, judges have rebuked Trump officials for failing to follow the most basic rules of governance for shifting policy, including providing legitimate explanations supported by facts and, where required, public input…

“What they have consistently been doing is short-circuiting the process,” said Georgetown Law School’s William W. Buzbee, an expert on administrative law who has studied Trump’s record. In the regulatory cases, Buzbee said, “They don’t even come close” to explaining their actions, “making it very easy for the courts to reject them because they’re not doing their homework.”

Somehow, “homework” isn’t a word one associates with Trump, or with the Keystone Kop assortment of cabinet officials he has appointed. Usually, the “win rate” for government in these sorts of cases is about 70 percent. But as of mid-January of this year, a database at the Institute for Policy Integrity at the NYU Law School shows Trump’s win rate at about 6 percent.

Actually, that’s not bad for someone who clearly isn’t familiar with even 6% of the Constitution, and who has exhibited 0% knowledge of the rules and norms governing the office he holds.

Ed Brayton, as usual, cuts to the heart of the issue:

There’s a simple reason this is happening and it goes back to the old proverb that a fish rots from the head down. Trump could not possibly care any less about pesky things like legal protocols and requirements. He thinks if he just bellows out “I want this done,” it gets done. Following proper legal procedures is for the little guy, the plebes, the rabble, not for narcissistic wannabe dictators who are used to getting their way.

The only way Trump, McConnell and today’s GOP can game the system going forward is by corrupting the judiciary. And on that, their progress should terrify us all.

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I Think I’m Moving To New Zealand

In the wake of the mass murder of Muslim worshippers in New Zealand, I have seen the leadership and citizenry of that country exhibit what I used to believe were American characteristics of goodheartedness and solidarity.

Prime Minister Jacinda Ardern’s response was nothing short of inspiring. And then I came across this Time Magazine report:

Women across New Zealand are wearing headscarves in a show of support for the Muslim community, one week after 50 people were shot dead in two mosques in the city of Christchurch.

Women and children have posted pictures of themselves wearing headscarves on social media Friday, with words denouncing last week’s violence and expressing solidarity with victims of the shooting. “I stand with our Muslim community today and against hate and violence of any kind,” one Twitter user wrote.

What a contrast with our blathering, self-besotted President and his white supremicist  supporters, who have made it abundantly clear that they view Muslims–and for that matter, anyone with dark skin tones or religious views other than fundamentalist Christianity–as dangerous, illegitimate and even less than human.

While Trump supporters are chanting “build the wall,” which even they must know is an entirely symbolic edifice meant to emphasize our country’s disdain–if not hatred–for those they consider “other,” New Zealand women were engaged in an equally symbolic gesture of goodwill:

Auckland physician Thaya Ashman told Reuters she thought up the “Headscarf For Harmony” event after seeing a Muslim woman on the news say she was too afraid to go outside wearing a hijab. “I wanted to say: We are with you, we want you to feel at home on your own streets, we love, support and respect you,” she said.

Prime Minister Jacinda Ardern wore a black headscarf during her meeting with members of the Muslim community–a gesture of respect that I cannot imagine being copied by anyone in the Trump administration.

I’ve never been to New Zealand. I’ve seen photos, including those posted by my oldest granddaughter, who recently vacationed there, and the landscape is magnificent. A friend who is a healthcare scholar tells me the country has an excellent national health system. I’ve heard the weather is wonderful too.

But the country’s climate of goodwill and civility–demonstrated in the wake of this tragedy– is the most attractive feature of all.

If I were younger….

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The Bugs And The Bees

Apparently, the global political chaos we are experiencing is only one of humanity’s problems–and perhaps not the most threatening.

The Washington Post isn’t the only media outlet reporting on what is being called an “insect apocalypse.”

Scientific American has an equally alarming–if somewhat more measured– report.

Around the globe, scientists are getting hints that all is not well in the world of insects. Increasingly, reports are trickling in of unsettling changes in populations of not only butterflies and bees, but of far less charismatic bugs and beetles as well. Most recently, a research team from the U.S. and Mexico reported a startling decline between 1976 and 2013 in the weight of insects and other arthropods collected at select sites in Puerto Rico.

Some have called the apparent trend an insect Armageddon. Although the picture is not in crisp enough focus yet to say if that’s hyperbolic, enough is clear to compel many to call for full-scale efforts to learn more and act as appropriate.

Insects have always outnumbered other life forms–by far. According to scientists, nearly a million species have been described to date. (That compares with 5,416 mammals.) Entomologists suspect there could be two to 30 times as many actually out there.

Or were. And a steep decline would have significant consequences for humans.

Insects pollinate a spectrum of plants, including many of those that humans rely on for food. They also are key players in other important jobs including breaking dead things down into the building blocks for new life, controlling weeds and providing raw materials for medicines. And they provide sustenance for a spectrum of other animals—in fact, the Puerto Rico study showed a decline in density of insect-eating frogs, birds and lizards that paralleled the insect nosedive.

All told, insects provide at least US$57 billion in services to the U.S. economy each year.

How steep is the decline? The Post reports

In 2014, an international team of biologists estimated that, in the past 35 years, the abundance of invertebrates such as beetles and bees had decreased by 45 percent. In places where long-term insect data are available, mainly in Europe, insect numbers are plummeting. A study last year showed a 76 percent decrease in flying insects in the past few decades in German nature preserves.

The article quoted two scientists who had worked in the Puerto Rico rainforest forty years ago, about what they found when they recently returned.

What the scientists did not see on their return troubled them. “Boy, it was immediately obvious when we went into that forest,” Lister said. Fewer birds flitted overhead. The butterflies, once abundant, had all but vanished.

Other research has confirmed the loss of insects–and the dramatic reductions of insect-eating frogs and birds.

Lister and Garcia attribute this crash to climate. In the same 40-year period as the arthropod crash, the average high temperature in the rain forest increased by 4 degrees Fahrenheit. The temperatures in the tropics stick to a narrow band. The invertebrates that live there, likewise, are adapted to these temperatures and fare poorly outside them; bugs cannot regulate their internal heat.

Pesticides and habitat loss are also culprits.

Most of us of a “certain age” can remember catching fireflies–lightning bugs–as children. We recall having to clean smashed bugs off windshields, and seeing swarms of insects around streetlights. I haven’t seen a firefly in years–and my windshield stays pristine even on long drives. Last summer, I didn’t have a single mosquito bite, although for years I was sure mosquitos found something about me irresistible.

Nice as it is not to spend summers scratching, the implications for the ecosystem are frightening.

I don’t know what the solution is, but I do know that this really isn’t a good time to be governed by aggressively ignorant people.

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A Different Kind Of ‘Great Awakening’?

Religion News recently headlined the closing of every one of Lifeway Christian Resources brick and mortar stores.There are 170 of them. They will go entirely online.

The digital shift comes amid declining customer traffic and sales, according to LifeWay.

And it follows the closure of other major Christian retailers, such as the United Methodist Church’s Cokesbury stores, which closed in 2012, and Family Christian Stores, which closed its stores in 2017. At the time, Family Christian was considered the world’s largest retailer of Christian-themed merchandise.

LifeWay had acquired another chain, Berean Christian Stores, in 2013.

LifeWay adhered to a fundamentalist Christian approach, and dropped several popular authors’ books  over ideological differences. It banned author Jen Hatmaker’s books after she expressed support for LGBTQ Christians, and it threatened pastor author Eugene Peterson when it appeared that he was going to officiate a same-sex marriage. It also dropped Rachel Held Evans’ book “A Year of Biblical Womanhood” in 2012 after a similar dispute over the book’s content.

In other words, its approach to Christianity had a lot in common with Mike Pence’s.

Fortunately, it’s an approach–and a religiosity– that is rapidly diminishing.

A number of recent polls have documented a significant reduction in the number of Americans who are religiously affiliated; so-called “nones” are now 35% of the population. Among younger Americans, the percentage is greater.

For Millennials and even GenXers, the most common religion is no religion at all. The Nones claim 44% of the 18–29 age group, and nearly that (43%) among those who are 30–44.

This is more than twice their market share among Americans older than 65, just 21% of whom say they are atheist, agnostic, or nothing in particular. However, even that 21% is a five-point rise from where the over-65 group was in 2015, when just 16% identified themselves this way.

Other findings: Barely a third of Americans believe it’s important for married couples to share the same religious affiliation (36%), but majorities do believe that couples should share the same social values (76%) or feelings about children (81%). And it will come as no surprise to learn that Republicans are much more religious than Democrats.

In school, most of us learned about the Great Awakenings of early U.S. history. (Great Awakenings were a series of religious revivals in the then-British colonies and the early days of the country during the 17th and 18th Centuries.) These were episodes of religious fervor that swept through the country before eventually abating. A number of religion scholars have also dubbed the late 20th Century rise of Christian fundamentalism from which we seem finally to  be emerging as a latter-day “Great Awakening.”

America has been fertile ground for these periods of excessive and ostentatious piety, and a number of sociologists have attributed the outlier religiosity of the U.S–we are far more religious than other Western democratic countries– to the personal insecurities that characterize societies with an inadequate social safety net. (Scholars have documented a significant correlation between personal insecurity and religiosity.)

Since our social safety net hasn’t improved, I don’t know how they might explain the current declines in religious affiliation. I personally attribute it to  the excesses of judgmentalism and appalling lack of humanity displayed by the Christian Taliban. The religious right makes religion look pretty repellent.

Whatever the cause, if I were choosing nomenclature, I’d save the label “Great Awakening.” for the current rise of the “nones.”

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The Trump Effect

The more I learn about Trump’s Washington, the more nauseated I become.

I recently came across an article in the Washingtonian, looking at the ways in which Trump’s Presidency has changed lobbying.The lead-in to that discussion was a report detailing another “Trump effect”–his negative effect on tourism.

The development, Dow explains, was rooted in several forces, including a stronger US dollar, economic weakness in Latin America, and dirt-cheap airfare in Europe. But there was another factor, Dow says: “the Trump effect.” The 2017 executive order blocking entry to citizens from six majority-Muslim countries, and the President’s hostile proclamations about immigration, had signaled to foreigners they weren’t welcome here, even if they only wanted to spend money in Times Square and go home.

Understandably, travel agencies and their lobbyists wanted to “change the rhetoric.” In previous administrations, the lobbyists would have started with the bureaucracy, whose officials the lobbyists usually knew.

In Trump’s government, though, the rhetoric came from the President’s own gut. Sharing policy insight with an agency functionary wasn’t going to help. They had to plant their talking points in front of POTUS himself. But how?

The coalition hired S-3 Public Affairs, one of the many DC lobbying-and-media-consulting firms scrambling to adjust to the city’s new power structure. In prior years, says S-3 partner Amos Snead, the firm might have designed an “outside-in” approach—collect letters or petitions from industry backers around the country, bring them to Washington, and use the testimonials to influence lawmakers, agency officials, and other thought leaders. Trump’s Washington, Snead believed, required a different approach. He sensed there might be a more direct path into the President’s head, via one of his favorite mediums: Twitter.

They followed Trump’s movements and sent their ads to IP addresses that covered wherever he was. This is what’s known in the industry, as the “audience of one” strategy—and according to the article, it’s become a staple of the business of Washington under Trump.

We may be critical of bureaucracy, but individual bureaucrats typically know a great deal about their particular area of governance. Lobbyists who want to be effective have to pitch their arguments to people who can immediately spot the weaknesses, ask pertinent questions, and “vet” proposals before sending them on up the chain of command.

Not in Trumpworld. He Who Knows Nothing responds only to flattery, so lobbyists now bypass informed underlings (to whom Trump doesn’t listen anyway.) Now…

During at least the first seven months of the new administration, staffers in the White House communications department compiled flattering news stories about Trump into packets, which they delivered to the President twice a day. According to a former White House aide, as the packet made its way to the Oval Office, additional officials inserted other news articles they wanted the President to read. “It would typically be, like, Stephen Miller putting his latest race-baiting story in there,” the former White House aide says.

When consultants and lobbyists learned about the folder, they saw a fresh opportunity. One Republican consultant told me he was able to plant stories favorable to his corporate clients in Breitbart News—the far-right outlet once run by Trump’s former strategist, Steve Bannon—and then pass those stories to a friend in the White House, who in turn slipped them into the daily packet destined for the Oval. “If you have a friend in there who can get something on the Resolute desk,” the consultant says, “it doesn’t really matter what the source [of the information] is anymore.”

And then there’s television…

The cornerstone of the audience-of-one strategy, though, is Trump’s love affair with television. After the election, consultants began buying commercial time during Fox & Friends, the conservative morning show that the President is known to watch religiously. But how do you get a 72-year-old man with no interest in policy to watch a commercial on ethanol subsidies? Well, the influencers decided, you find old footage of Trump discussing the issue on the campaign and make him the star of the commercial.

“The President’s favorite topic is himself,” says a Republican consultant. “What better way to get him interested in a message than by providing him with the thing that he’s most obsessed with?”

There’s much more along these lines in the article. Those of you with strong stomachs should click through and read it. I’ll just warn you that the policy process in Trumpville looks nothing like the one I’ve been teaching for twenty years.

As for me–I’m just going to go throw up now.

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