“It Depends”–But Sometimes It Doesn’t

I don’t know who Susan Hennessey is, but I think we are probably what used to be known as “kindred spirits.” The reason I came to that conclusion was the following paragraph from her post at Lawfare:

 “Much of my education has been about grasping nuance, shades of gray. Resisting the urge to oversimplify the complexity of human motivation. This year has taught me that, actually, a lot of what really matters comes down to good people and bad people. And these are bad people.”

For years, I have included some form of the following statement in my courses’ introductory lectures: You will find, during the semester, that I can be an opinionated professor. Your grade in this course absolutely does not depend upon agreeing with me. My goal is not to inculcate policy positions.  I will, however, consider that I have been a success as an instructor if, after you have taken this course, you use two phrases more frequently than you previously did. Those phrases are “It depends” and “It’s more complicated than that.” If you are better able to recognize contingency and complexity after being in this class, I will have done what I set out to do.

I have often criticized Americans’  knee-jerk, “bipolar” approach to issues, the tendency to see every debate in shades of black and white, good versus evil. We live in a world that is largely gray, with complicated problems that don’t lend themselves to solutions by way of  bumper-sticker slogans and rigid ideological mantras.

I continue to understand arguments about policy and governance that way–most of the issues we debate are what lawyers call “fact-sensitive,” dependent upon context, factual distinctions, the art of the possible. But it is getting harder and harder to ignore the fact that not every argument is nuanced, or conducted in good faith, and not every party to our ongoing national debates is honorable.

Not every conflict is between persons of good will who simply see things differently.

There really are bad people. Not people who are simply misguided, not people who just don’t understand the issue, not people who are “coming from a different place.” People who are deeply flawed, and utterly devoid of the qualities thought essential to membership in a civilized and humane society.

The challenge is to tell the difference between the people who simply see things differently and the people who are irredeemably bad. At this point–at least with respect to the gangsters in Washington–I think we have enough evidence to make a determination.

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My Friend The NRA Member

My friend Pierre Atlas is a political science professor who teaches at Marian University, where he directs the Richard Lugar Franciscan Center for Global Studies. He is also a lifetime member of the NRA–and if survey research is to be believed, his attitudes are far more representative of rank-and-file NRA members than the lunatic positions taken by that organization’s leadership–not to mention, their “bought and paid for” Senators and Congresspersons.

Pierre writes a periodic column for the Indianapolis Star, and in his most recent one, listed a number of realistic, reasonable steps we could take to curb gun violence.

He began the column by recognizing the practical difficulty of simply eliminating AR-15s.

Some people want to ban AR-15 platform rifles. But even if this could pass constitutional muster, given that the AR-15 is possibly the most popular rifle in America and there are millions of them in circulation, doing so would be politically and logistically difficult, if not impossible. On the other side, we hear the standard refrain, “Now is not the time to talk about guns,” or “this is not about guns, it’s about mental health.”

Clearly, this shooter — who I will not name — had serious problems and telegraphed his violent intent on social media. But he didn’t commit his crime with a butter knife.

Pierre writes that America has a gun problem, and that it is always the right time to talk about it. He then offers a beginning prescription:

In addition to enforcing all the laws already on the books, here are 10 practical, pragmatic things Congress or state legislatures can and should do now, which I believe most Americans, including most gun owners, would support:

•Universal background checks

•Mandatory reporting of stolen guns

•Prohibit gun purchases for people on the no fly list

•Allow the Centers for Disease Control to collect and analyze gun violence data

•Ban the manufacture, sale and possession of bump stocks, which allow semi-automatic weapons to mimic full-automatics

•Require safety training for all carry permits

•Mandate that a purchaser of any firearm, rifle as well as handgun, must be 21

•With court orders and due process, remove guns from homes in cases of domestic violence or openly stated threats to others

In addition to these eight items, Congress should hold hearings with expert testimony to explore legislation addressing the following controversial issues: Reporting of potentially violent mental health cases and the building of a data base; and regulating social media content for threats of violence.

With 300 million guns in American homes, we aren’t going to enforce wholesale bans on categories of weapons, even if such approaches were constitutionally and politically feasible. But the only impediment to proceeding on the basis of Pierre’s list is political will; these steps are clearly both constitutional and practical.

The items on this list all address the stupidity of excessive solicitude for the tender sensibilities of the gun lobby, but two in particular are aimed at policies that have long infuriated me: the ban on CDC funding for research on gun violence, and allowing people on the no-fly list  to buy guns.

Evidently, people too dangerous to allow on a plane aren’t too dangerous to arm.

But it is the refusal to fund research that is particularly telling. Talk about legislation that “sends a message”! The message is, “We don’t want data. We suspect we know what that research might find, so we aren’t going to allow it. No evidence-based policy for us!”

These are sensible, “do-able” measures. Let’s make them happen. And then let’s work on changing the culture than has convinced fearful folks to amass personal arsenals.

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Looking For Omens

As regular readers of this blog know, my daily posts tend to focus on the multiple problems/challenges Americans face today, especially–but not exclusively– the mounting deficiencies of our governing institutions.

Although I almost never “weigh in” on the conversations conducted by those who comment here, I am well aware (and really, quite flattered) that there are a number of very bright, knowledgable people among those who post those comments.( I also know that I have some equally thoughtful readers who rarely or never comment.)

This is a request to all of you–“lurkers” and commenters alike.

I am looking for evidence of a coming “paradigm shift”–signs that America’s culture is on the cusp of significant change for the better. Those signs, those omens, are there–even if they are less prominent, less noted, than a casual reading of the daily news might suggest. Think, for example, of the explosion in civic engagement in the wake of Trump’s election. Think of the sea change in attitudes about the LGBTQ community. Think about the growing numbers of women refusing to remain personally or politically submissive.

Think about what survey research tells us about the attitudes of the younger generation. I often say that I would turn the country over to my students in a heartbeat–they are inclusive, they care about their communities and they care about fundamental social fairness.

I’m currently working on a book, and I am looking for harbingers of positive change, for signs that we may be about to turn yet another social corner and create a better version of ourselves. If we can take our eyes off the train wreck in Washington, the economic threat posed by automation, the alternate realities facilitated by a constantly morphing and fragmenting media environment– if we can tear ourselves away from obsessing over these and other immediate social and political problems (not to mention the multiple, overwhelming threats posed by climate change) and make ourselves take the long view, I am convinced that there are many signs of human progress.

I want to know what you, my readers, see as promising indicators for the future. What are the data points that should give us some comfort and hope?

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Speaking of the War on Women…

Social change almost always happens slowly and unevenly, and while it is occurring, people who were socialized into older worldviews must co-exist (uneasily) with those who have adopted the emerging paradigms.

I am old enough to have seen enormous changes in the way women participate in American society. With the exception of a brief period after high school and before marriage, my mother was a homemaker until my father’s death required her to enter the work force in her 60s. She was one of a legion of intelligent, talented women who should have had a career; she chafed as a housewife and was much happier after she went to work. Working for pay during the marriage, however, would have reflected poorly on my father’s ability to support his family, so like most of her middle-class peers, she stayed home.

Girls were supposed to be demure and decorative when I was growing up. I once overheard a cousin tell my mother “It’s nice that Sheila reads so much, since she’s unlikely to date. Boys like girls who are pretty, not smart.”

Later, when I went to law school, many “friends” let me know they were troubled by my choice; I had three young children, and according to the social mores of the time, my place was at home tending to them. I still remember people warning me that my children would all “do drugs” if I pursued a career–and I vividly recall a partner at the firm I joined (as the first woman ever hired) reassuring me that “There’s nothing wrong with being a woman. Why, we hired a man with a glass eye once!”

So–as the commercial says, we really have “come a long way, baby.” But as the “me too” movement, the persistence of the glass ceiling, and statistics about earning discrepancies all attest, we also have a long way to go.

In 2016, a substantial number of Americans didn’t find Trump’s taped admission of sexual assault reason to disqualify him from the Presidency–and a not-insignificant number of voters explicitly based their rejection of Hillary Clinton on her gender. (A friend of our handyman told me that some men he worked with had volunteered that they would never vote for a woman–any woman– because  a woman simply couldn’t “handle” being President.)

Granted, few prominent Americans are as forthright about their misogyny as Philippine President Duarte, who recently boasted that he had ordered soldiers to shoot female communist guerrillas in the genitals.

“Tell the soldiers, ‘There’s a new order coming from the mayor,’ ” the president said in a speech, recalling a directive he said he had given when he was mayor of Davao City. “ ‘We will not kill you. We will just shoot you in the vagina.’ ”

Duterte has repeatedly expressed hostility to women in the country’s political insurgency, saying they should have stayed home and raised children.

Most American politicians avoid expressing anti-women sentiments quite so forcefully, but there are plenty of signs that similar underlying worldviews–ranging from “women should be submissive to men,” to “women should stay home with their children,” to “women really welcome male ‘attention’ and just say no in order to play hard to get”–remain ubiquitous.

These cultural attitudes are a holdover from times long past, when physical strength was needed for most jobs, and families had to have lots of children, both to help support the family and to replace the large numbers who died in infancy.

As any sociologist will confirm, longstanding cultural assumptions are slow to change. As any political scientist will attest, people who enjoy power or status rarely relinquish those privileged positions out of the goodness of their hearts.

When Obama was elected, we saw the depth and persistence of widespread racism that had largely gone underground. As women claim the right to participate in a workforce in which we are both fairly compensated and unmolested, we are encountering equally deep-seated paternalistic resistance.

That resistance will persist at least until the men (and women) glued to Fox News pass from the scene.

Or as I tell my students, once my age cohort is dead, things really should improve.

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Yep–Kakistocrisy

Every once in a while, I think about James Madison’s touching belief that Americans would elect “the best and brightest” to represent them in the halls of government. (He’s probably spinning so fast in his grave he may be in China by now.)

Anyone who reads or listens to the news can contribute their own preferred anecdote to the daily and dispiriting evidence of ideology, idiocy and/or corruption in Washington, so file this post under “what else is new?” I must say, however, the violation of previously respected norms and basic rational expectations is becoming more blatant by the day.

The New York Times first carried the story I’m sharing today.The title is the giveaway: “How $225,000 Can Help Secure a Pollution Loophole at Trump’s EPA.”

CROSSVILLE, Tenn. — The gravel parking lot at the Fitzgerald family’s truck dealership here in central Tennessee was packed last week with shiny new Peterbilt and Freightliner trucks, as well as a steady stream of buyers from across the country.

But there is something unusual about the big rigs sold by the Fitzgeralds: They are equipped with rebuilt diesel engines that do not need to comply with rules on modern emissions controls. That makes them cheaper to operate, but means that they spew 40 to 55 times the air pollution of other new trucks, according to federal estimates, including toxins blamed for asthma, lung cancer and a range of other ailments.

The special treatment for the Fitzgerald trucks is made possible by a loophole in federal law that the Obama administration tried to close, and the Trump administration is now championing. The trucks, originally intended as a way to reuse a relatively new engine and other parts after an accident, became attractive for their ability to evade modern emissions standards and other regulations.

The survival of this loophole is a story of money, politics and suspected academic misconduct, according to interviews and government and private documents, and has been facilitated by Scott Pruitt, the administrator of the Environmental Protection Agency, who has staked out positions in environmental fights that benefit the Trump administration’s corporate backers.

How, exactly, did this happen?

Representative Diane Black is a Republican running  for Tennessee governor. Tennessee Technological University is a state university that had produced a study minimizing pollution problems associated with the trucks. Ms. Black introduced legislation in 2015  to protect the loophole when the Obama Administration wanted to eliminate it. That bill failed, but after Trump was elected, she turned to Mr. Pruitt to carve out an exemption to the rule —  and presented him with the study from Tennessee Tech.

Surprise! Fitzgerald had  paid for the study, and had offered to build a new research center for the university on land owned by the company. It further sweetened the deal by generating at least $225,000 in donations to Ms. Black’s campaign.

Both businesses and environmentalists have condemned the loophole. That includes major truck makers like Volvo and Navistar, as well as fleet owners like the United Parcel Service. Even pro-business, pro-corporate, big-clout lobbyists like the National Association of Manufacturers have weighed in against it, joining health and environmental groups like the American Lung Association and the Consumer Federation of America.

In any other administration, a roster of opponents like those would shame government officials into backing down and ensuring that the rules applied to everyone. But not this collection of Trump’s “best people.” They’re shameless.

Not only are the favors being dispensed manifestly unfair to Fitzgerald’s competitors, not only does a quid pro quo that can be seen from space undermine trust in government and the rule of law, but this particular “favor” adds to the pollution of the air we all breathe, and contributes to climate change. (I know–Scott Pruitt refuses to admit that climate change exists. I’m convinced he knows better; it’s just that it is in his personal, political and financial interest to say otherwise.)

The current Republican Party–especially as represented in Congress and the Administration– is what you get when you marry a cult (Pence, Evangelicals, gun nuts and anti-intellectuals) to the Mafia (Paul Ryan, the Koch brothers, Trump and his sleazy cronies.)

They all need to be soundly defeated in November and in 2020.

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