A Very Good Call

According to a recent article in the Indianapolis Star, part of Mayor Hogsett’s plans for a new criminal justice center includes terminating the city’s contract with a private prison company.

The mayor’s criminal justice reform task force has recommended that the Marion County Sheriff’s Department take over all operations for the proposed jail at the site of the former Citizens Energy coke plant, 2950 Prospect St. That means the county would end a decades-long contract with CoreCivic, formerly called Corrections Corp. of America.

There is a lot to applaud in the Mayor’s plan–especially the extent to which it recognizes the degree to which the criminal justice system has operated as a very unfortunate substitute for a functional mental health system. But the termination of the city’s contract with CoreCivic is particularly welcome. As the Mayor noted, the move will actually save the city money, but those savings are simply “icing on the cake.”

Beyond savings, the Hogsett administration wants to move away from a private operation model that has drawn fire from criminal justice reform advocates.

“First and foremost, that’s the job of our elected sheriff — to be responsible for the care and security of inmates,” said Andy Mallon, corporation counsel for the city. “That promotes accountability with public officials and transparency, whereas when you have a privately run jail, all of that gets transferred by a contract to a private, profit-driven company. We don’t think at this point we should be providing profits for jailing (inmates).”

The bottom line is–or should be–that there are some functions that government should rarely or never contract out, and incarceration is one of them. Giving private, profit-seeking enterprises authority to exercise the coercive power of the state is an invitation to abuse, and research has consistently found such abuse in the private prison industry. When the focus is on the fiscal bottom line, rather than public safety or offender rehabilitation, it isn’t surprising that such institutions save money by skimping on inmate’s meals or medical care, or that they are more abusive, violent, and dangerous than their government-run counterparts.

More insidious, however, is the effect of profit-making prisons on public policy. The companies that operate these prisons donate large sums to political figures, and spend significantly on lobbyists, and they aren’t just trying to curry favor with agencies that may award contracts. They are trying to influence criminal justice policy, arguing for laws that impose harsher and longer punishments and against efforts to decriminalize behaviors like marijuana use.

Criminal justice policies should be based upon their considered effects on public safety–not upon the profitability of politically-connected companies.

Mayor Hogsett has made a very good call.

Comments

When History is Written…

When the history of the 21st Century is written (assuming there are people alive to research and write it) America’s current decline will be attributed largely to one man–and that man isn’t Donald Trump.

Of course Trump is dangerous. A number of his choices–both personnel and what passes for policy in his childlike worldview–are potentially catastrophic. But he is too delusional and ignorant to qualify as evil.

No, the most evil man in American government, in my humble opinion, is Mitch McConnell.

Trump is simply the result of McConnell’s consistent elevation of partisanship and power over principle. As James Fallows has pointed out, it was McConnell who took the filibuster from a seldom-used mechanism meant to ensure that minority opinions would be heard to a routine method of subverting majority rule. It was McConnell who famously promised to obstruct anything and everything Obama might do, irrespective of whether what was being obstructed was good policy, good for the country, or even if it had originated with his own party.

It was McConnell who, in the  summer of 2016,” put the kibosh on FBI going public with a warning of the Russian interference in the election, which they were already investigating.

And needless to say, it was McConnell who ignored 200+ years of precedent, and simply refused to allow the Senate to do its constitutional duty of advising and consenting to a sitting president’s nominee for the Supreme Court–doing incalculable damage to the rule of law and ultimately, to respect for close decisions that will be handed down by a court that includes a Justice conspicuously occupying a “stolen” seat.

In 2006, as McConnell was about to emerge as the Republican leader in the Senate, Zachary Roth and Cliff Schecter wrote an article for the Washington Monthly titled “Meet the New Boss.”  Here are some excerpts:

McConnell is a staunch conservative and a master of procedure, but no piece of landmark legislation bears his name. Almost the only issue on which he has a national profile is campaign-finance reform, and on that, he’s known as the man who fought it at every turn…

The Senate’s shift toward increased party discipline has been accompanied by a growing willingness to use the legislative process to benefit the Republican Party’s financial backers…

[McConnell is] a master of Senate rules and procedures, and he harbors no presidential aspirations that might distract him from his job. But unlike earlier leaders, he doesn’t keep score by legislative accomplishments. For the first time in recent memory, the Senate will be run by a leader with both the ability and the desire to use the institution entirely for partisan advantage…

I’m hardly the only observer who attributes much of  America’s current dysfunction to McConnell. Dana Milbank calls him “The Man Who Broke America.” Milbank starts with one of the many, many examples of McConnell’s hypocrisy and dishonesty:

“No majority leader wants written on his tombstone that he presided over the end of the Senate,” the minority leader said.

He continued: “Breaking the rules to change the rules is un-American. I just hope the majority leader thinks about his legacy, the future of his party, and, most importantly, the future of our country before he acts.”

Are these the words of Minority Leader Chuck Schumer (D-N.Y.) as the Republican majority changed Senate rules this week to do away with filibusters of Supreme Court nominations?

Actually, they were uttered in 2013, by then-Minority Leader Mitch McConnell (R-Ky.), when Democrats pushed through a similar filibuster change for lesser nominations.

Milbank doesn’t mince words:

No man has done more in recent years to undermine the functioning of U.S. government. His has been the epitome of unprincipled leadership, the triumph of tactics in service of short-term power.

Milbank further documents McConnell’s willingness to subvert longstanding Senate culture in service of rabid partisanship, pointing out that by 2013 his unprecedented, frequent use of the filibuster had blocked 79 of Obama’s nominees; that compared with 68 presidential appointments blocked during “the entire previous history of the Republic.”

The primacy of the rule of law was the most basic premise of the American constitution; as John Adams famously proclaimed, the Founders gave us a government of laws, not men. The constitutional architecture, with its three branches of government and a federalist structure leaving significant authority to the states, was an effort to constrain the abuse of power.

Trump doesn’t understand any of that, and he clearly has no idea how to use the rules themselves to evade those constraints. He doesn’t even know what the rules are.

McConnell, unfortunately, does.

Comments

Never Thought I’d Cheer States’ Rights…

It has been somewhat lost among all his other bluster, and more recently by the diversion of his air strike against Syria, but Trump has reiterated his threat to withhold federal monies from so-called “Sanctuary” cities and states. (As many people have pointed out, the sudden onset of humanitarianism that purportedly prompted those airstrikes has yet to prompt a willingness to accept children fleeing the hellhole that is today’s Syria.)

Trump’s threats are evidently as empty as his compassion. Talking Points Memo reports that, thanks to a Supreme Court decision in a lawsuit brought by Republicans opposed to the ACA, Trump can’t withhold funds from states acting humanely. It would be illegal.

File under “be careful what you wish for”….

In 2012, the Supreme Court forced the Obama administration to make Medicaid expansion voluntary for states instead of mandatory, ruling that when the federal government “threatens to terminate other significant independent grants as a means of pressuring the States to accept” a federal policy, it is unconstitutionally coercive.

Conservative groups that celebrated this victory over “infringement on state sovereignty by the federal government” may now be dismayed to learn that it could throw a wrench into the Trump administration’s current plan to punish sanctuary cities.

Attorney General Jeff Sessions recently warned local officials that continued refusal to co-operate with federal immigration authorities would jeopardize approximately $4 billion dollars in unrelated grants; those grants currently support local programs addressing everything from human trafficking, sexual assault, and gang violence to mental health, gun crimes and various public safety issues.

Sessions evidently neglected to research the Administration’s authority to follow through on that threat.

Stripping the cities and counties of this funding, however, is easier said than done. Doing so could violate the 10th Amendment, which protects states’ rights against federal intrusion, and a number of Supreme Court cases, including the 2012 case that struck down Obamacare’s mandatory Medicaid expansion, legal experts warn.

“It may be unconstitutional on several grounds,” said George Washington University Law School professor John Banzhaf III.

Banzhaf argues that U.S. law dating back to the mid-1800s bars the government from “commandeering” local officials to enforce federal law in almost all instances. The 2012 Supreme Court ruling in National Federation of Independent Businesses v. Sebelius expanded on this principle, holding that “states could not be required to expand Medicaid programs under threat of a loss of federal funds—the same coercive method threatened by Sessions—except where the threat was one mandated by Congress and signed into law, not a mere presidential order,” Banzhaf said.

Two other cases–one in 1987 and one from 1997–reinforce the limits on federal coercive power.

In the 1987 decision South Dakota v. Dole — which concerned a government attempt to cut highway funding to states that tried to lower the federal drinking age — the Court said the federal government can only cut grants related to the policy they are trying to enforce. Though the federal government’s argument trumped the state’s in that case, the ruling significantly narrowed the kind of funding the federal government can withhold when attempting to incentivize local governments to carry out a certain policy….

The Court went even further in 1997, ruling in Printz v. United States that “the Federal Government may not compel the States to enact or administer a federal regulatory program.”

Sessions has now indicated that future grants will be conditioned upon compliance with federal immigration law, a tacit admission that– his threats notwithstanding–he cannot reach previous awards issued without such provisions.

I’m sure those staunch defenders of states’ rights–the ones who were so sincere when they explained that their opposition to civil rights laws had nothing to do with racial animus–will applaud this current application of federalism doctrine.

On the other hand, perhaps I shouldn’t hold my breath waiting for their applause….

Comments

Encouraging Signs

Doctors and psychologists are reporting spikes in depression and other psychosomatic responses among the general citizenry in response to the daily reports of dysfunction, corruption and regression in Washington.

Those responses are understandable. But as I keep reminding myself, the news isn’t all bad. We are seeing a genuine resurgence of civic engagement at a level I have never previously seen, and there are growing indications that announcements of the death of journalism may also have been premature.

Despite concerns that “outrage fatigue” would cause activism to dwindle, groups opposed to Trumpism have continued to proliferate–even in red states like Indiana.

For example, Women4Change Indiana was formed immediately after the election. It has four task forces, focused upon guaranteeing the dignity and safety of all women, especially in regard to sexual assault, reproductive health, and LGBTQ rights; mentoring and empowering women to achieve greater political leadership; fighting racism and promoting civility in political discourse; fighting against gerrymandering and voter suppression and improving civics education.

Formed just five months ago, it currently has 14,000 members across the state. In Indiana.

In even more good news from Indiana; “old school” Republicans (not old chronologically, just advocates for what used to be Republican values) have formed a group called “Enterprise Republicans,” which they describe as “diverse and inclusive” and devoted to protecting the human rights of all Hoosiers. I’m told they plan to primary selected Republican culture warriors, a welcome tactic in Indiana, where gerrymandering has created so many safe Republican seats that there has been no politically realistic way to effectively counter the most rabid rightwing zealots.

Then there’s journalism. According to the Washington Post,

The philanthropy established by eBay founder Pierre Omidyar will contribute $100 million to support investigative journalism, fight misinformation and counteract hate speech around the world…

“We think it’s really important to act now to keep dangerous trends from becoming the norm,” Stephen King, who heads the Omidyar Network’s civic engagement initiative, told The Washington Post in the philanthropic group’s first public comments on the three-year funding commitment….

The newly announced funding is intended to address “a worrying resurgence of authoritarian politics that is undermining progress toward a more open and inclusive society,” said Omidyar Network managing partner Matt Bannick.

The network is also concerned about the declining trust in democratic institutions around the world, including the news media, he said.

“Increasingly, facts are being devalued, misinformation spread, accountability ignored and channels that give citizens a voice withdrawn,” he said. “These trends cannot become the norm.”

The story–which is very encouraging–ended with a recitation of other philanthropic efforts to bolster legitimate journalism and combat “alternative facts.”

On Monday, a group including Facebook and Craig Newmark, the founder of Craigslist, announced the News Integrity Initiative, a $14 million effort to advance news literacy and increase trust in journalism. It will be based at City University of New York’s Graduate School of Journalism in Manhattan.

And last month, the Democracy Fund and First Look Media, both founded by Omidyar, announced that they would award $12 million to news organizations including the Center for Investigative Reporting, the Center for Public Integrity and ProPublica.

We can only hope that these efforts reach the Indianapolis Star at some point….

There are also encouraging signs that local governments are stepping up to address pressing issues. Cities across the globe have increased their efforts to protect the environment and advance social justice.  Cityscope reports that in Toronto, for example, the city is using its contracting clout to encourage the employment of disadvantaged populations, and cities in the U.S. are looking to follow suit. Cities are protecting immigrants, addressing police misconduct (even as Jeff Sessions’ Justice Department retreats from Obama-era oversight agreements), and investigating  other ways to compensate for the damage being done in Washington.

The Sixty-Four Thousand Dollar Question, of course, is whether these efforts, and the many other promising movements and activism tools that are emerging, will be able to turn a very threatening tide of authoritarian incompetence.

As David Brooks wrote this week, in a scathing (and laugh-out-loud funny) column,

The human imagination is not capacious enough to comprehend all the many ways the Trumpians can find to screw this thing up.

It’s We the People versus the Trumpians, and I wouldn’t count us out.

Comments

Politics and Racism

There’s an ongoing debate about the extent to which bigotry motivated Trump voters.

Certainly, his anti-Muslim diatribes resonated with the Republican base, no matter how devoid of logic or fact. (As has been pointed out many times, immigrants from the nations singled out by Trump’s Executive Orders have been responsible for exactly zero terrorist attacks in the United States; however, had the courts not stayed them, those Orders would have affected 15,000 Doctors.)

But it wasn’t only Muslim-Americans. Trump inveighed endlessly against Mexican immigrants, used code words and stereotypes to communicate his animus against African-Americans, and defended himself (weakly) against charges of anti-Semitism by pointing out that his daughter had converted to Judaism when she married.

And of course, his “wall” was an obvious metaphor for the division between “us” and “them.”

There was a reason he was enthusiastically endorsed by the KKK and a number of equally disreputable white supremacist groups.

That said, pundits on both the left and right have protested the unfairness of attributing support for Trump to racist attitudes, rather than to economic distress and/or Hillary hatred. So recent research from the General Social Survey is illuminating.  As Ed Brayton reports,

The National Opinion Research Center at the University of Chicago does continual polling on many questions called the General Social Survey. And it shows that while American society as a whole still buys into racist stereotypes, Republicans are far more likely to hold such views.

The General Social Survey is one of the oldest, and largest, recurring surveys of American behaviors and attitudes. It collects far more data than most researchers can afford to do, and as a result, as Brayton notes, it is able to “drill down” further than most similar efforts.

The 2016 results have now been released, and they are both noteworthy and concerning.

The partisan gaps among whites were as wide or wider than we’ve seen since the survey first started asking most of these questions in the 1990s. It’s not that white Republicans’ views of African Americans have dimmed so much as that they haven’t kept pace with those of white Democrats. But in some cases, the GOP has moved in the other direction.

The biggest yawning gap between Democrats and Republicans is on the issue of motivation and will power. The GSS asks whether African Americans are worse off economically “because most just don’t have the motivation or will power to pull themselves up out of poverty?”

A majority — 55 percent — of white Republicans agreed with this statement, compared to 26 percent of white Democrats…

The survey also asks people to rate the races on how hard-working or lazy they are, which allows us to compare whether people rate some higher than others.

In this case, 42 percent of white Republicans rated African Americans as being lazier than whites, versus 24 percent of white Democrats.

Are we really supposed to believe that all those voters who said they liked Trump because he “tells it like it is” and “isn’t ‘politically correct'” were reacting to his position on trade?

Racism and stereotyping may be more pronounced among Republicans, but Democrats are hardly immune. Refusing to admit how consequential racism is, refusing to recognize how many of our political and social attitudes are rooted in disdain for the “Other,” distorts public discourse and perpetuates bias and misunderstanding.

America has a problem–and a blind spot.

Comments