One Of These Things Is Not Like The Other

In an article written for the Atlantic, James Fallows compares the current Administration’s Russia scandal with Watergate, and provides reasons for his conclusion that this one is actually worse.

Worse for and about the president. Worse for the overall national interest. Worse in what it suggests about the American democratic system’s ability to defend itself.

Fallows begins by deconstructing the adage that the coverup is always worse than the crime; as he points out, what Nixon and his allies were trying to do falls under the category of “dirty tricks.” It was a bungled effort to find incriminating or embarrassing information about his political enemies,  and the adage held: the crime really wasn’t as bad as the subsequent illegal efforts to cover it up.

And what is alleged this time? Nothing less than attacks by an authoritarian foreign government on the fundamentals of American democracy, by interfering with an election—and doing so as part of a larger strategy that included parallel interference in the United Kingdom, France, Germany, and elsewhere. At worst, such efforts might actually have changed the election results. At least, they were meant to destroy trust in democracy. Not much of this is fully understood or proven, but the potential stakes are incomparably greater than what happened during Watergate, crime and cover-up alike.

Fallows enumerates other differences: As he points out, “even in his stonewalling, Nixon paid lip service to the concepts of due process and check and balances.” As I have previously posted, to the extent Trump even understands those concepts, he is contemptuous of them.

Nixon was “paranoid, resentful, bigoted, and a crook.” But as Fallows reminds us, he was also deeply knowledgeable, strategically adept and publicly disciplined. Trump…well, supply your own descriptors; Fallows is more reserved than I would be, settling for impulsive, ignorant and uncontrollable.

Most troubling, however, aren’t the differences between these two deeply flawed men. As Fallow’s notes, the social and political contexts within which they rose to power are dramatically different.

When Nixon ordered the firing of Archibald Cox,

Within the space of a few hours, three senior officials—Richardson, Ruckelshaus, and Cox—had all made a choice of principle over position, and resigned or been fired rather than comply with orders they considered illegitimate. Their example shines nearly half a century later because such a choice remains so rare….

The Republicans of the Watergate era stuck with Richard Nixon as long as they could, but they acted all along as if larger principles were at stake…

On the merits, this era’s Republican president has done far more to justify investigation than Richard Nixon did. Yet this era’s Republican senators and members of congress have, cravenly, done far less. A few have grumbled about “concerns” and so on, but they have stuck with Trump where it counts, in votes, and since Comey’s firing they have been stunning in their silence.

Charlie Sykes, who formerly hosted a conservative radio call-in show,  recently summed up the reasons for that silence, and the differences between then and now.

If there was one principle that used to unite conservatives, it was respect for the rule of law. Not long ago, conservatives would have been horrified at wholesale violations of the norms and traditions of our political system, and would have been appalled by a president who showed overt contempt for the separation of powers.

Sykes gives a number of examples supporting his thesis that conservatism is being eclipsed by a visceral tribalism: Loathing those who loathe the president. Rabid anti-anti-Trumpism. Rooting for one’s “team,” not one’s principles.  As he concludes,

As the right doubles down on anti-anti-Trumpism, it will find itself goaded into defending and rationalizing ever more outrageous conduct just as long as it annoys CNN and the left.

In many ways anti-anti-Trumpism mirrors Donald Trump himself, because at its core there are no fixed values, no respect for constitutional government or ideas of personal character, only a free-floating nihilism cloaked in insult, mockery and bombast.

Needless to say, this is not a form of conservatism that Edmund Burke, or even Barry Goldwater, would have recognized.

Conservative political philosophy has been replaced with racist and classist resentments. Donald Trump is President because he is very good at exploiting those resentments. In that sense, and that sense only, he has channelled–and perfected–Nixon.

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Religious Freedom–Again

For the past several years, religious rights have been “front and center” in America’s culture war.

In recognition of the increased salience of these conflicts,  I included a question on my Law and Policy final  about the operation of First Amendment religious liberties in a religiously diverse society. As I previously noted, that question read as follows:

The First Amendment protects religious liberty. Over the past few years, Americans have engaged in heated public debates about the nature and extent of that liberty. Some people argue that requiring employers to provide health insurance that includes contraception, or requiring businesses like florists or bakers to serve same-sex customers, is a violation of the religious liberty of those whose religions teach that contraception or homosexuality is a sin. Others disagree. What is the proper definition of “religious liberty”—that is, how far should the free exercise of religion extend in America’s diverse religious landscape? What religiously-motivated actions can government legitimately limit, and what are the justifications for those limits?

The Trump Administration (undoubtedly influenced by Pastor Pence) has promised sweeping new protections for religiously motivated actions that would otherwise be seen as violating what lawyers call “laws of general application.” Religious figures–virtually all  Christian– have complained that limiting their right to ignore civil rights laws is anti-religious oppression.

Given their insistence on the perquisites of the faithful, I wonder what those pious folks will think about a case in Detroit, where a couple of doctors are proposing to test the limits of those First Amendment protections. 

Two doctors in Detroit, along with one of their wives, are about to take the first religious defense of female genital mutilation to a US Federal court. The case stems from a FBI investigation into Dr. Jumana Nagarwala after the authorities received a tip that the physician was performing the procedure on young girls.

According to the original criminal complaint, the investigation revealed that Nagarwala allegedly performed FGM on two seven-year-old Jane Does, who had travelled from Minnesota with their families.

With or without an Executive Order from Team Trump, such an argument has virtually no chance of succeeding. Even if female genital mutilation is found to be a religious rather than cultural practice (an assertion that is contested), U.S. law has long protected children from harms inflicted by reason of their parents’ religious beliefs.

A competent adult can refuse a blood transfusion for religious reasons, but that same adult cannot prevent her child from receiving needed medical care. Devout parents may believe they can “pray away” their child’s diabetes, but if they act on that belief, they’ll be convicted of child neglect or endangerment.

What the case does illuminate is the conflict between individual belief and government’s obligation to enforce laws necessary for public safety and civic equality. The line is not always so clear (as the unfortunate–and in my opinion, utterly wrongheaded–Hobby Lobby decision demonstrates), but taken as a whole, the jurisprudence of religious liberty offers citizens an absolute right to believe anything, and close to an absolute right to communicate those beliefs–to preach, to attempt to persuade, even to harangue. But that jurisprudence has never endorsed an absolute right to act on the basis of one’s beliefs.

We simply do not allow people to harm others with impunity and claim a religious privilege to do so.

Granted, we don’t always agree on what constitutes harm, and people of good will can argue about cases at the margins. But when we have gone so far in the direction of privileging religion that practitioners of female genital mutilation think that the Free Exercise clause should protect that practice, that should be a wake-up call.

We are all entitled to our own beliefs. We are not entitled to impose those beliefs on non-consenting others. That goes for forced childbirth as well as genital mutilation–and the beliefs of Christians as well as the doctrines of more exotic religions.

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Making Connections Visible

Part of the reason American policy debates are so unsatisfactory is that they tend to be conducted in “silos”–with little or no recognition of how Policy A might affect issues B and C. This is particularly true of arguments about raising the minimum wage, which tend to focus exclusively on assertions that jobs will be lost and consumer prices will rise.

As cities have ignored those assertions and raised their minimum wages, data has emerged to dispel those concerns. According to economists at the University of California, Berkeley,  who studied nine cities that raised the minimum wage in the past decade, higher wages have virtually no effect on employment;  only restaurants, with their higher-than-average concentrations of low-wage workers, raised prices, but those raises were trivial.

What this wage discussion consistently misses is the fact that the effects of worker pay go far beyond job numbers and the pros and cons of an extra nickel for a Big Mac.

There is research, for example, suggesting that economic insecurity increases domestic violence and other criminal activity, and contributes to social discord generally. But the effect on our communities doesn’t stop there.

Economic development professionals spend their days trying to lure new employers to their cities and towns, and they are acutely aware of what those prospects look for when they are seeking a new location: an educated workforce and good schools, decent roads and public transportation to get workers and customers to and from their place of business, infrastructure (sewers, etc.) adequate for their particular needs, and more generally, an appealing “quality of life.”

Those community assets are supported by tax revenues. Poorly paid workers pay very little in taxes, of course, but that is a relatively minor part of the problem.

When large numbers of workers in an area are underpaid, when they make wages that barely allow them to subsist, they lack the means to purchase any but the most essential goods and services. Overall demand drops. When demand is weak, businesses suffer. (They also don’t need–or hire–more workers.) When the business’ bottom line declines, so do tax revenues.

Anyone who works for municipal government understands the dilemma: how do we stretch declining revenues? Hire fewer police and firemen? Fail to fill potholes and board up vacant buildings In neighborhoods? Grow classroom sizes?  Collect garbage less frequently?

Declining revenues, blighted neighborhoods, fewer city services and a lower quality of life don’t attract new businesses. Economic development stalls.

The American economy depends upon consumption. I happen to think there are a number of unfortunate consequences of that economic model, but it is what we have. When significant numbers of residents in a city or town aren’t being paid enough to allow them to consume, the consequences go far beyond their kitchen tables.

As Kevin Drum has written, in an article for Mother Jones,

Obviously, there’s a limit to how high you can raise the minimum wage without harming the economy, but evidence suggests we’re nowhere close to that tipping point. The ratio between the United States’ minimum wage and its median wage has been slipping for years—it’s now far lower than in the rest of the developed world. Even after San Francisco increases its minimum wage to $15 next year, it will still amount to just 46 percent of the median wage, putting the city well within the normal historical range.

The bigger threat to the economy may come from not raising the minimum wage. Even Wall Street analysts agree that our ever-widening income inequality threatens to dampen economic growth. And according to a new study by the UC-Berkeley Labor Center, it’s the taxpayers who ultimately pick up the tab for low wages, because the federal government subsidizes the working poor through social-service programs to the tune of $153 billion a year.

How many public school teachers and police officers could we pay, how many streets  could we pave, how many parks could we maintain with $153 billion dollars a year…

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They Run (for Office) and They Hide….

The unremitting chaos in Washington has triggered a number of Town Halls in which GOP members of Congress have faced rooms filled with angry constituents. As a result, a number of other Representatives have evidently decided against holding such events.

Not surprisingly, hiding from the people you represent hasn’t made those constituents very happy. Their reactions have varied.

I recently had an interesting conversation with a woman who lives in Indiana’s Fifth District, represented by Congresswoman Susan Brooks. She told me that she and several of her friends and neighbors had been frustrated by Brooks’ unwillingness to hold a Town Hall, so they decided that they would organize a meeting and invite her. If she wasn’t going to take the initiative, they would.

A meeting was organized via Facebook and word of mouth, and at 2:00 in the afternoon of May 13rth, approximately 120 5th District constituents gathered at the Sullivan Muncie Cultural Center in Zionsville.

Brooks declined to appear, nor did she send a representative, so the organizers set up an empty chair with her photo and proceeded to conduct a meeting without her.

According to her report, the voters who gathered at the Cultural Center were there primarily to voice their very serious concerns about the GOP Healthcare Plan, although  several other issues were raised as well.

Given the Congresswoman’s reluctance to attend either in person or through a surrogate, the organizers anticipated an effort to dismiss attendees as “agitators” or people from outside the district; in order to rebut any such claims, they prepared a “sign in” book in which those present provided their names, addresses and emails.  During the meeting, each voter was offered an opportunity to speak, to fill out a card with questions for Ms. Brooks, and to sign a large paper scroll expressing their views. The organizers plan to deliver these items to Brooks’ office.

The constituents who spoke at the nearly three-hour meeting shared stories of people with pre-existing conditions, children with ongoing medical needs, and people injured on the job who then saw those jobs eliminated. They  talked about the extent to which they and their families would be harmed by the repeal of Obamacare and its replacement by the current iteration of the GOP healthcare bill.  Some cried.

At the conclusion of the emotional meeting, those in attendance agreed to redouble efforts to meet face to face with Congresswoman Brooks. With or without the Congresswoman, however, they are determined to hold a series of Town Hall Meetings throughout the 5th District.

What is remarkable about this–at least to me–was the event’s genesis and spontaneity. I’ve complained bitterly over the years about Hoosiers’ civic apathy and lack of political engagement, our embarrassingly low voter turnout…Yet here in central Indiana, with no partisan sponsorship, no encouragement from activist organizations, no donations from any lobby or special interest group, ordinary voters got together and demanded to be heard.

It will be fascinating to watch this new democratic (small d) wave play out, not just in Indiana but in Congressional districts across the country. Will elected officials listen? If not, will they be voted out? How safe are those safe, gerrymandered districts?

What’s that old saying? They can run but they can’t hide….

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Making America Sick Again

With the introduction of its proposed budget, the Trump Administration has continued its effort to cut the ground out from under all but the wealthiest Americans–and especially from under the people who voted for Trump.

Fortunately, that budget displays the stunning ineptitude that is a hallmark of this Administration (Hey–what’s a two trillion dollar math mistake among friends..?) and is unlikely to pass.

We often hear exhortations to “follow the money,” or to “put your money where your mouth is.” Those phrases reflect an undeniable truth of human behavior: whatever our rhetoric, where we commit our resources shows our real priorities.  Trump’s budget not only makes his priorities painfully clear; it reflects his callous disregard for struggling Americans, including those who voted for him.

Time Magazine has detailed the consequences of the savage Medicaid cuts proposed by the Trump budget. Nearly one in four Americans–and 42 percent of Trump voters– rely on Medicaid. The budget assumes passage of the deeply unpopular Obamacare replacement passed by the House and currently pending in the Senate; that measure–which the CBO calculates would cost 23 million Americans their health insurance– cuts Medicaid funding by $839 billion over the next decade. The budget proposal reduces Medicaid by an additional $610 billion.

Those cuts endanger medical access for 74 million Americans.

Medicaid reaches far beyond able-bodied adults out of work, despite the proposal’s rhetoric. The elderly and disabled account for around 60% of Medicaid’s expenditures, with the disabled, including the mentally ill, accounting for a full 42% of spending.

The program is the country’s largest funder of long-term care expenses, covering 40% of the costs, as well as more than 60% of all nursing home residents. For Baby Boomers nearing or past retirement age, these funds are crucial: As MONEY has previously reported, nursing homes for the elderly cost an average of $80,000 annually, and those expenditures aren’t covered under Medicare, the health program for seniors over 65. In fact, because Medicaid absorbs high healthcare costs of people with expensive conditions like dementia, it has kept private insurance around 7% lower than they would be.

Slashing funds also disproportionately affects women and children: one-half of births in the U.S. are covered by Medicaid (that varies widely by state—in Louisiana, 65% of births are covered by Medicaid, according to the Kaiser Family Foundation). The Children’s Health Insurance Program, which covered more than 8.4 million children in 2015, would also see its budget significantly reduced, according to Joan Alker, Executive Director of the Georgetown Center for Children and Families. Medicaid also provides essential health coverage for low income women, particularly women (and children) of color.

And of course, the budget continues the Republican war on women and women’s health by defunding Planned Parenthood–effectively eliminating preventive care (pap tests, breast cancer screenings) for most poor women.

Pointing to the cruelty of this proposal is unlikely to move lawmakers for whom tax cuts for rich people are the highest priority, but you would think they might realize that such a wholesale assault on access to preventive care would wildly increase overall medical costs. (The old adage “penny wise, pound foolish, comes to mind.) Trump’s budget would throw people back to the tender mercies of the emergency room, return us to the days when medical costs and nursing home fees bankrupted families, and ensconce a system in which healthcare is simply a consumer good, available to those who can afford it and too bad for the rest of you.

Destroying Obamacare and slashing Medicaid aren’t even the end of the story: the proposed budget also “severely cuts funding for science and public health agencies, including a $1 billion cut to the National Cancer Institute.”

Notably, the National Institute of Health’s budget would be slashed from $31.8 billion to $26 billion. The Center for Disease Control and Prevention would face cuts of more than $1 billion, including a $222 million decrease in funding to the chronic disease prevention programs, which help people with conditions like diabetes, heart disease, and obesity.The National Science Foundation would face a decrease of $776 million.

Welcome to dystopia.

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