A Lawsuit Worth Supporting

Yesterday, the NAACP, Common Cause and several individual plaintiffs brought a lawsuit that I consider overdue.

A bit of background: Indiana law allows early voting, and also allows counties to establish satellite voting centers to make casting those votes more convenient. The law requires a unanimous vote by the County’s Election Board members in order to open a satellite center. Some Boards establish several  in order to accommodate their voters. Lake County, with fewer residents than Marion County, has eight.

Marion County is the most populous county in the state, but for the past several years, the lone Republican on the three-member board has adamantly opposed opening any satellite sites.

As the Complaint notes,

  1. Marion County had 699,709 registered voters in 2016 but because of the MCEB’s refusal to approve satellite voting locations, it had but a single early voting location due to the MCEB’s failure this decade to approve a resolution establishing satellite sites for early voting, a ratio of one (1) early voting site to 699,709 registered voters.
  2. By contrast, Hamilton County had 230,786 registered voters in 2016. Its election officials unanimously approved two satellite voting locations in addition to the office of the circuit court clerk, a ratio of one early site for every 76,929 registered voters.
  3. Hendricks County had 109,903 registered voters in 2016. Its election officials approved three (3) satellite voting locations in addition to the office of the circuit court clerk, a ratio of one early voting site for every 27,476 registered voters.
  4. Johnson County had 107,546 registered voters in 2016. Its election officials approved five (5) early voting sites in addition to the office of the circuit court clerk, a ratio of one early voting site for every 17,924 registered voters.

The refusal to open satellite sites in Marion County has caused  long lines and extended wait times at the sole available site–the office of the circuit court clerk in Indianapolis.

The refusal to approve satellite voting sites has also resulted in a dramatic decrease in the number of voters who cast an early in-person absentee vote in 2012 and 2016 as compared to the numbers of voters who voted early in 2008 when satellite locations were approved and used, which has the further effect of causing a higher percentage of Marion County voters to cast an in-person ballot on Election Day, thus resulting in increased lines and wait times at precinct polling places.

Moreover, because Marion County has the highest percentage (28%) of African-Americans in Indiana, and because African-American voters are more likely than other voters to utilize early voting, the MCEB’s refusal to approve multiple satellite locations for early in-person absentee voting as permitted by Indiana law has disproportionately resulted in the denial or abridgement of the right of African-American voters to cast an early in-person absentee ballot.

The suit asks the Court to find that the Republican member of the Election Board has caused the Board to violate the 14th Amendment’s Equal Protection and Due Process Clauses, the Voting Rights Act and the Indiana Constitution, and to issue an order “enjoining Defendants from continuing to obstruct, interfere with and block the establishment of at least two satellite voting locations in Marion County for the federal elections in 2018 and beyond.”

It’s bad enough that Indiana’s polls close earlier than all but one other state, and that our Voter ID law operates to suppress the votes of the poor and elderly. But to limit early voting to a site inconvenient to so many and where parking is so difficult is just another way of giving the finger to minority and Democratic voters in Indianapolis.

If you agree that this suit is meritorious and overdue, join me in supporting the crowdfunding effort that has been established to cover litigation expenses. The estimable Bill Groth (a local hero!)–is handling the case pro bono, but Defendants are sure to run up the expenses that will have to be covered.

This cynical effort to suppress votes rather than competing for them “fair and square” needs to be defeated.

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What Portugal Can Teach Us About The Drug War

America’s policymakers evidently didn’t learn anything from the disaster that was alcohol prohibition. (Jeff Sessions clearly didn’t!)

In fact, for a country whose citizens constantly assert a belief in individual liberty, we rank right up there on the forced prudery scale. As any historian or political scientist can confirm, America’s legal landscape is littered with religious moralism masquerading as public safety.

When it came to drug use, and our incredibly expensive and demonstrably ineffective drug war, moralism joined hands with racism, first against Asians and Opium, and then against African-Americans, as Michelle Alexander copiously documented in The New Jim Crow. 

Years of criminal justice research have confirmed the futility–and injustice–of America’s approach to drug prohibition, an approach that creates drug “schedules” unsupported by evidence of harm, fails to distinguish between use and abuse, treats drug use as a criminal justice issue rather than a public health problem, and requires massive wasteful public expenditures.

Those are mistakes Portugal no longer makes.

Portugal decriminalized the use of all drugs in 2001. Weed, cocaine, heroin, you name it — Portugal decided to treat possession and use of small quantities of these drugs as a public health issue, not a criminal one. The drugs were still illegal, of course. But now getting caught with them meant a small fine and maybe a referral to a treatment program — not jail time and a criminal record.

The reactions from so-called “experts” were predictable. And wrong.

Whenever we debate similar measures in the U.S. — marijuana decriminalization, for instance — many drug-policy makers predict dire consequences. “If you make any attractive commodity available at lower cost, you will have more users,” former Office of National Drug Control Policy deputy director Thomas McLellan once said of Portugal’s policies. Joseph Califano, founder of the Center for Addiction and Substance Abuse at Columbia University, once warned that decriminalization would “increase illegal drug availability and use among our children.”

But in Portugal, the numbers paint a different story. The prevalence of past-year and past-month drug use among young adults has fallen since 2001, according to statistics compiled by the Transform Drug Policy Foundation, which advocates on behalf of ending the war on drugs. Overall adult use is down slightly too. And new HIV cases among drug users are way down.

Now, numbers just released from the European Monitoring Centre for Drugs and Drug Addiction paint an even more vivid picture of life under decriminalization: drug overdose deaths in Portugal are the second-lowest in the European Union.

Portugal has now operated under decriminalization for fifteen years, a time period sufficient to allow us to draw some conclusions. At a minimum, we can conclude that the country hasn’t experienced the dire consequences that opponents of decriminalization predicted.  The Transform Drug Policy Institute, which has analyzed Portugal’s policy outcomes, says of  of Portugal’s drug laws,

The reality is that Portugal’s drug situation has improved significantly in several key areas. Most notably, HIV infections and drug-related deaths have decreased, while the dramatic rise in use feared by some has failed to materialise.

Of course, there are other aspects of Portuguese society that are important contributors to these salutary results. As an article from Vice points out,

Though often narrowly assessed in reference to its decriminalization law, Portugal’s experience over the last decade and a half speaks as much to its free public health system, extensive treatment programs, and the hard to quantify trickle down effects of the legislation. In a society where drugs are less stigmatized, problem users are more likely to seek out care.

So let’s see….a country that doesn’t stigmatize or criminalize personal drug use, and provides its population with an extensive “free public health system” seems to have solved–or at least significantly moderated–its drug problem.

And of course, Portugal–like every other industrialized country— spends far less per capita on medical care than the U.S. does.

We don’t learn from our own failures, and we refuse to learn from other countries’ successes. I think that’s what’s called American Exceptionalism.

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Yep….

In the wake of November’s election, my biggest concern was the prospect of Donald Trump in charge of a unified government: with a Republican House and Senate, I was sure we would see legislation canceling progress on the environment, reversing rights for women, gay citizens and immigrants, and eviscerating public education, among other nightmares.

Jennifer Rubin, a conservative columnist for the Washington Post, recently explained why we have yet to see that legislation. Her column was titled “Here’s why, even with control of everything, the GOP can’t govern.” She began with a quote from the Wall Street Journal:

Many popular postelection wagers took a hit last month after Republicans failed to repeal and replace the Affordable Care Act, which highlighted the difficulties they could face advancing new legislation even while holding the White House and both houses of Congress.

She went on to describe the current situation.

If one had any doubt, this week’s events — a half-baked tax proposal that would not pass one let alone two houses, another failed effort at Trumpcare, White House bluffs and retreats on the budget — should have disabused observers of the notion that Trump’s agenda would sail through Congress…

Trump cannot manage to devise attractive legislation or get down in the weeds of negotiation, while House Speaker Paul Ryan (R-Wis.) seems willing to accommodate whatever group is currently rocking the boat, regardless of the likelihood of success. Neither Ryan nor Trump can lead a successful legislative effort. As a result, members of Congress figure there is little reason to stick their necks out for either one. “Members of Congress have watched with horror as Trump thrashed about in Washington with little predictability, guided by top aides with little experience in the trenches of government,” Time reports. “Staffers with decades of Hill experience find themselves sidelined by political neophytes who think barking orders can get Congress to act. More than once, White House officials have told Paul Ryan that his role as Speaker may be in jeopardy if he does not do more to help Trump.”

Rubin notes that –given his priorities–Trump’s inability to get things done is a gift; gridlock looks pretty good when balanced against this administration’s goals.

This is not to say we don’t have substantial problems or need competent leadership. However, this president and this Congress have not a clue how to proceed. They would potentially do much more harm than good. They are prisoners of extreme ideology, unrealistic expectations and their own incompetence.

Wonkblog recently came to a similar conclusion. In a column tracing the reasons that  financial markets aren’t betting on a big Trump stimulus anymore,  Matt O’Brian wrote

But a funny thing happened on the way to Trump’s making great deals. It turns out that everything is more complicated than anyone named Donald Trump knew. It isn’t easy to get Republicans to agree on a health-care plan when some of them think the problem with Obamacare is everything, and others think it’s just the name. Or to get the whole party to agree on which tax loopholes to close to pay for all their tax cuts. The result, according to Trump, is that health-care reform is always a week away, and tax reform, always two weeks.

In the meantime, though, the economy is still chugging along at the same 2 percent pace it has been the whole recovery. So when you add it all up — a government that’s doing nothing today, that looks as if it will be doing nothing tomorrow, and an economy that’s doing nothing different from what it has been the last decade — there’s no reason to expect the dollar to go up anymore. And it hasn’t. It has given back most of its post-election gains to now only be up 1 percent over that time.

I don’t know about you, but I’m gratified that these clowns seem unable to learn.

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Brave New World

The past few decades have seen massive social changes, and even the most superficial scan of the current state of affairs leads to the inexorable conclusion that we “ain’t seen nothin’ yet.”

I don’t think there’s a sufficient appreciation of the economic side of that change. Think, for example, of the imminent phenomenon of self-driving cars, and the ongoing collapse of brick-and-mortar retailing.

Self-driving vehicles will eliminate the jobs of five million people nationwide. These are people who make their living driving taxis, buses, vans, trucks and e-hailing vehicles; according to a Harvard labor economist, those jobs represent 3% of the national workforce, and most of them are held by men without college degrees, a demographic that has already been hit hard by the loss of 5 million manufacturing jobs since 2000.

Then there’s the cratering of traditional retailing.  More and more Americans shop on line, and one result is the proliferation of empty storefronts in the nation’s malls. Those empty shops signal the loss of thousands of clerking and sales positions. Warehouse work and online “customer service” jobs are unlikely to replace them all.

As I have written previously, international trade is not the culprit;  automation is what is relentlessly driving job losses, and automation isn’t confined to robots in coal mines or on the factory floor. We no longer hire people to pump our gas; a single secretary handles jobs that used to require three or four; automated check-outs are everywhere from the drug store to the parking garage. In many cases, these innovations create new jobs— requiring new and more demanding skills—but in many cases, they don’t.

And then there’s climate change. The deniers can stick their fingers in their ears and chant “la la la I can’t hear you” all they want, but ice keeps melting, weather keeps getting more unpredictable, oceans keep warming and rising, hurricanes get more powerful…and barring an unlikely concerted effort, by the end of this century large areas of the planet will become unlivable. One result will be mass migration on an unprecedented scale.

How will we cope with that when we can’t even resettle a comparatively small number of Syrian refugees?

One of the reason people are climate change deniers is the fact that the worst consequences are still some decades off, and they can pretend those consequences aren’t real. The economic threats posed by mass joblessness will be felt a lot sooner. And we are already encountering entirely new challenges posed by the acceleration of technology. One of my students wrote his research paper on –I kid you not–the legal liabilities of artificial intelligence. (It was an A+ paper, too.)

The paper considered the uses (and misuses) of ‘personal assistants” like Siri and Google Assistant. Legitimate concerns go well beyond identification theft through hacking.  If someone tells his personal assistant he intends to do something illegal, does the device (or its programmer) have a responsibility to remind him it’s illegal? To call the cops?  What if you tell your assistant you plan to commit suicide by jumping off a bridge, and it obediently gives you directions to the nearest bridge? What if a crime is committed at your home and the police want to confiscate your personal assistant to determine who was interacting with it and at what time–is the assistant to be treated like the books of a business (discoverable) or is it entitled to protection against self-incrimination?

You may think this is all too fanciful, but Amazon has argued that First Amendment Free Speech rights should be extended to its Alexa assistant in certain circumstances, and a court has ruled that the way Google ranks search results is entitled to First Amendment protection.

Bottom line: humans on this planet are entering a twilight zone in which familiar work is disappearing, new technologies are forcing us to confront unfamiliar questions, the gap between the “haves” and the “have nots” is becoming gargantuan–and all of this is happening in an environment that is drastically changing, both climatically and socially.

It really isn’t a good time to be governed by a clueless buffoon and a Congress filled with third-rate intellects and corrupt panderers.

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Your Answers?

This is the time of year that professors both love and hate–the semester is coming to an end, and most of us are very ready for that, but it is also when lengthy research papers are due and final exams given.  Those papers and exams must be graded  (and unfortunately, those grades must often be defended to students convinced that their efforts entitled them to higher marks).

I give students in my law and policy classes a take-home final. That’s partly to make up for a pretty brutal midterm, and partly to see whether the materials and concepts we’ve covered have caused them to think critically about the enterprise of government and the elements of good policy. Has the class helped them fashion a coherent philosophy of governance? Has it given them an appreciation of the complexities involved and skills required?

Here are the questions I have given them this semester; they were to choose one and write an essay responding to that choice. How would you answer them? (I won’t grade readers’ answers…promise!)                                                       

  1. Earth has been destroyed in World War III. You and a few thousand others—representing a cross-section of Earth’s races, cultures and religions—are the only survivors. You have escaped to an earthlike planet, and are preparing to establish a new society. You want to avoid the errors of the Earth governments that preceded you. What institutional choices do you make and why? Your essay should include: The type/structure of government you would create; the powers it will have; the limits on its powers, and how those limits will be enforced; how government officials will be chosen and policies enacted; and the social and political values you intend to privilege.

2. 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?

3. Donald Trump’s campaign slogan was “Make America Great Again.” Without addressing the personal characteristics of either candidate in the November election, and without opining whether America was or was not greater in the past, describe the characteristics, values or other attributes that you believe make a country “great.” In other words, what are the attributes of a great country? How does it behave toward its own citizens and toward other countries? What changes to current American policies or laws do you believe are needed to achieve greatness as you define it?

Go!!

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